By requesting services from Unique by Design (“the Company”), you agree to the following Terms and Conditions. These terms apply to all individuals, businesses or companies (“Client/s”) engaging the services of the Company, its contractors or employees. These Terms are governed by the laws of Victroia, Australia.
Services include, but are not limited to, graphic design, branding, logo design, marketing collateral, and website design and development. These Terms apply unless otherwise agreed in writing. Any work outside the agreed scope will be quoted separately or, where no fixed price is agreed, charged at $100/hour (ex GST), billed in 15-minute increments.
Only services and deliverables explicitly itemised in a written quotation or proposal are included in the scope of work. Any tasks, meetings, or deliverables not listed will be considered additional and charged accordingly.
Quotes are based on the initial brief and the estimated requirements of the project. Quotes may be calculated as a fixed price or based on expected time investment, depending on the nature of the work. They may change if the scope expands. Timeframes are estimates only and not guaranteed.
A 50% deposit is required before work begins. This deposit is non-refundable once any work has commenced, including research, concepts or initial drafts.
Final payment is required before website launch, delivery of any working files, or commencement of printing. No websites will go live, final files delivered, or print jobs started until payment is received in full.
Full payment is due within 14 days of invoice. Late payments may result in suspension of work and recovery fees.
Projects paused for 30+ days due to Client inactivity may be invoiced for completed work.
Projects exceeding 60 days may be invoiced progressively.
In the event of late or non-payment, the Client agrees to reimburse the Company for any and all costs incurred in the recovery of outstanding amounts. This includes but is not limited to reasonable debt collection agency fees, legal costs on an indemnity basis, and any applicable interest charges.
The Company reserves the right to charge interest on overdue invoices at a rate of 10% per annum, calculated daily from the due date until the date payment is received in full.
Cancellations must be made in writing.
If a project is cancelled, the Client will be invoiced for work completed up to that point, minus the deposit.
No refunds are provided once work is completed or final files have been delivered.
In the event of cancellation, no ownership rights or usage licenses for any work completed will transfer to the Client until full payment of the final cancellation invoice is received.
Copyright remains with the Company until full payment is received.
On final payment, copyright transfers to the Client, except for fonts, stock imagery, and third-party assets, which remain under their original licenses.
Editable/source files (e.g. .ai, .psd) are generally not included as part of standard deliverables but may be provided upon request at the Company’s discretion.
The Client is fully responsible for all content, files, and materials they supply. This includes ensuring that such materials do not infringe any intellectual property rights, contain any offensive or unlawful content, or breach any applicable laws or regulations. The Company accepts no responsibility for verifying the accuracy, legality, or appropriateness of any
client-supplied content.
All rejected concepts, unused drafts, or preliminary designs remain the sole property of the Company and may not be used by the Client without written approval.
The Client agrees to provide timely feedback, content, and approvals.
The Client is responsible for supplying all necessary assets and materials in the required formats and within reasonable timeframes. Delays in providing required content may result in timeline extensions and/or additional charges.
The Client must ensure that any information, materials, and instructions provided are accurate, complete, and lawful.
The Client agrees to be available for communication throughout the project and respond to queries and approvals within a reasonable timeframe.
The Client acknowledges that there may be colour variations between on-screen proofs, previous print runs, and final printed products due to the nature of CMYK printing and the bulk-run printing process. The Company does not guarantee exact colour matching and will not be held responsible for minor shifts in print colour. There will be no reprints at the Company’s expense due to colour variation unless a clear production error has occurred.
The Client is responsible for carefully reviewing and approving all proofs prior to print production or website launch. This includes, but is not limited to, checking spelling, grammar, images, illustrations, colours, layout, and quantities. If a proof is unclear or corrections are needed, it is the Client’s responsibility to request a revised version.
Once final approval is given, that version will be considered the final Artwork. The Company accepts no liability for errors identified after approval, and there will be no reprints or redevelopment at the Company’s expense due to such errors.
Delays in Client response may delay timelines or trigger additional charges.
The Client must back up their own content. The Company does not offer backup services.
The Client assumes responsibility for all login credentials and CMS access after handover.
Minor post-launch changes (e.g. text tweaks) are included within 14 days. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
Major changes or new features post-launch will be quoted.
Websites are tested on major modern browsers but not guaranteed for legacy platforms.
The Company does not offer hosting, email, or domain services and is not responsible for any related issues. However The Company can refer you to a hosting specialist but is not liable in regards to the referral.
The Company is not liable for website downtime, hacking, or outdated plugins/themes after handover.
Website Security and Hacking Disclaimer
The Company is not responsible for website security breaches, hacking, malware, or unauthorised access post-handover. The Client assumes full responsibility for ongoing security, updates, backups, and monitoring unless a separate maintenance agreement is in place. The Company is not liable for any loss of revenue, data, or business arising from such events.
No Guarantee of Uninterrupted Service
The Company does not guarantee that the website or any third-party integrations will be free from interruptions, errors, or security vulnerabilities. The Client acknowledges that all websites and online platforms carry inherent risks outside the Company’s control.
Technology Disclaimer
The Company builds and delivers websites using up-to-date software and best practices at the time of completion. The Company does not provide ongoing software or system updates unless specifically agreed to in writing. The Company is not responsible for any future changes in technology, platform requirements, or third-party services that may impact the performance, compatibility, or security of the Client’s website after handover.
SEO Disclaimer
The Company does not guarantee any particular search engine rankings, traffic levels, or SEO performance for websites delivered. While basic on-page best practices may be followed, ongoing SEO strategy, optimisation, and results are the responsibility of the Client unless specifically agreed in writing as part of a separate service.
Any third-party plugins, software or tools used are at the Client’s risk.
The Client is responsible for maintaining valid licenses for any third-party products.
The Company is not responsible for outages, compatibility or performance of third-party integrations.
The Company holds no responsibility if the Client’s email addresses are targeted with spam, as this is outside of the Company’s control.
The Company also holds no responsibility if the Client’s email account credentials are obtained and used by third parties to send spam or malicious material.
Both parties agree to treat any sensitive information exchanged during a project as confidential. This includes business plans, login credentials, marketing data and other non-public materials.
To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. The Company excludes all liability for any loss of income, revenue, business, uptime, profits, software, anticipated savings, goodwill, or data, as well as any indirect or consequential loss or damage arising from use of the Company’s services or deliverables.
In any event, the Company’s total aggregate liability is limited to the total amount actually paid by the Client for the specific services giving rise to the claim.
The Client agrees to indemnify and hold harmless the Company, its directors, employees, and representatives against all claims, liabilities, damages, and expenses (including legal fees on an indemnity basis) arising from or related to the use of the services, materials, or website provided by the Company.
The Company reserves the right to display any work created, including completed deliverables, concepts, rejected designs, and drafts, in its portfolio, website, and promotional materials.
A discreet credit link will be placed in the footer of any website designed and/or developed by the Company, stating that the site was created by The Graphic Design Company, with a hyperlink to the Company’s website. This will remain unless otherwise agreed in writing prior to commencement of the project.
If a dispute arises, both parties agree to attempt to resolve it through informal negotiation before escalating to legal action.
The Company is not liable for delays or failure caused by circumstances beyond its control, including but not limited to acts of God, war, terrorism, or internet outages.
The Client is solely responsible for ensuring any personal or customer data collected via their website, marketing, or email communications complies with all applicable privacy laws and data protection regulations.
The Client agrees not to solicit, employ, or engage directly or indirectly with any contractor, subcontractor, or employee of the Company for a period of 12 months following the completion of a project without the Company’s prior written consent.
The Company reserves the right to terminate any agreement if the Client breaches any material term and fails to remedy the breach within 14 days of written notice. Any outstanding fees will become payable upon termination.
Where ongoing services (e.g. monthly design, marketing support, maintenance) are agreed, they will be billed in advance monthly. These retainers may be cancelled by either party with 30 days’ written notice unless otherwise agreed in writing.
21.1 The Client acknowledges and agrees that the Company retains legal and equitable title in any goods, materials, intellectual property or services supplied until full payment has been received.
21.2 The Client grants the Company a security interest in all present and after-acquired property supplied by the Company to secure all monies owing to the Company.
21.3 The Client consents to the Company registering its security interest under the Personal Property Securities Act 2009 (Cth) (“PPSA”) and agrees to do all things necessary to ensure the Company has a perfected security interest.
21.4 To the extent permitted by law, the Client waives its rights under the PPSA to receive any notice required under sections 95, 118, 121(4), 130, 132(3)(d), and 135; and agrees that sections 142 and 143 of the PPSA do not apply.
21.5 The Client acknowledges that this clause creates a registrable interest and entitles the Company to lodge a caveat or register a charge over any of the Client’s real or personal property in the event of non-payment.