Definitions

Peterson & Co, We: Peterson & Co Design. Client, You, Your: The person or entity requesting the services of Peterson & Co. Project: Refers to anything that is created by Peterson & Co. Including, but not limited to, graphic design, website design, photography, video and programming.

Full ownership and copyright is assigned to client only once full payment is cleared in full.

If a choice of design is presented, only one solution is deemed to be given by Peterson & Co as fulfilling the contract. All other designs remain the property of Peterson & Co, unless agreed in writing that this arrangement has been changed.

Brief

Before a project quotation can be given, Peterson & Co requires a full project brief to be supplied by the client. Please see the form on our website. If the brief varies greatly as the project evolves this may result in a change in estimated cost and timeframe parameters.

Quotation

At the time of project proposal, Peterson & Co will provide the client with a written estimate or quotation.

We base all cost estimates on an hourly rate taken to complete a project. If a project takes less time to complete than the estimated timeframe we invoice less accordingly. If a project is going to take far greater time than initially estimated, we will inform you and detail the reasons why this time increase may occur. We will then revise the costings to be satisfactory to both parties.

Quotes are valid for 30 days from the date of issue.

If the quote is not accepted via an email confirmation within the 30 days, and project deposit not paid (see Payment Terms), then a new quote must be obtained. Fees may change due to material costs or Peterson & Co fee alterations.

Should the client make any variations or additions to the design brief after receiving the quotation, or during project development, then a new quote must be obtained.

All prices quoted are estimates only. Quotations are based upon projected working hours and costs of materials at the time of quotation and are subject to amendment to meet any rise or fall in such rates/costs.

Work required at short notice and after office hours may incur extra charges.

Commencement of work

The client agrees to provide written approval or emailed approval of a quote or estimate before any work is commenced. The placement of an order for design and/or any other services offered by Peterson & Co and validated by the written or emailed approval on the estimate or quotation, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Peterson & Co.

Payment

We invoice for design work on a fortnightly basis. All payment terms are strictly 7 days from date of invoice.

If a project is not completed in the billing cycle we will normally invoice part payment for the work completed to date.

For larger projects with a design estimate of $2,000 AUD or more the full project cost is split into three payments of 50% deposit, 25% milestone payment and 25% final payment.

Accounts which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.

No claim against invoices are accepted after 14 days.

All print orders over $250 will require payment to be made prior to despatch or pick up of your order. Orders will not be sent until payment is received.

Supply of content

If your company has a Style Guide, regardless of how simple or complex it may be, then it is imperative that we receive this information at the beginning of the project in order to help us maintain the continuity of YOUR brand. If this information (or similar) is supplied after work has begun then penalty fees may apply for any work needing to be re-created or edited.

All written content MUST be supplied in electronic format (Word document, email, or similar). You will be solely responsible for the content of your project. Peterson & Co is not responsible for proofreading any content.

All supporting visual material such as logos and images should be emailed to Peterson & Co if possible. If file sizes are too large then we can accept a USB drive delivered to our address. (see company address at top of page).

Approval of final content

The client must proof read and approve all final copy before the production of artwork or website launch. The email verification of the clients or representative shall be conclusive as to the approval of all artwork prior to their release for printing, implementation or installation. While Peterson & Co takes all care to avoid errors, Peterson & Co accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project approved by a client. No refunds or reprints are given or liability taken after a final approved design has gone to print or a website has been launched, due to oversights by the client’s proofreading.

Design project completion

Peterson & Co considers the design project complete upon receipt of the customer’s written or emailed approval. Other services such as printing, display panel production, filmwork, website uploading, publishing etc either contracted on the clients behalf constitute a separate project and can be treated as a separate charge.

Project timelines/deadlines

Peterson & Co endeavours to respect all project timelines discussed with the client. However, all timelines provided by Peterson & Co are estimated on a pre-determined length of time that Peterson & Co considers realistic for the completion of said project without any unforeseen problems. The timeline is an estimation and not a 100% guarantee that the project will be complete by that date.

All project content is required before the project start date. If the client does not provide ALL content before this date then all timelines discussed are void.

If a client requests changes or additions outside of the original brief during project development then all timelines discussed are void.

Clients should be aware that providing content one day late does not simply add one day to the timeline. Peterson & Co will begin the next project in line where ALL content has been provided and the original project will be placed further down the queue.

Peterson & Co will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Depending on current workload, projects requiring a “rush” will incur a 40% markup of the total project cost. This increase is necessary to cover the overtime needed to complete your project in the timeframe you require. We will ensure that we deliver our part of the project on time, according to the timeline laid out in this proposal. If work on a project is delayed more than 30 days due to the client’s inability to provide content, images, media or other items necessary for the completion of the project, the project shall be considered suspended. A project will also be considered suspended if we fail to receive a response to communication for a period of 30 days.

Suspended and Abandoned Projects

Suspended projects can be reactivated at any time within 90 days with the payment of a reactivation fee. The reactivation is currently $400 each time that a project has to be reactivated. If a project is not reactivated within 90 days of being suspended, it will be considered abandoned. The remaining balance of the project is due immediately for any project that is abandoned. If for any reason a client abandons during the project (after the estimate has been approved and work commenced) full payment of the estimate will be required.

Print design

It is the client’s responsibility to make sure all information is correct before going to print. A proof will be provided for final approval. If errors are found after printing, the client is still liable for payment.

Peterson & Co uses the services of a 3rd party company for printing. The 3rd party may change from project to project. Peterson & Co is under no obligation to divulge the identity of the 3rd party printer.

The client is welcome to source their own printer but is then responsible for forwarding all printing specifications to Peterson & Co BEFORE the design of the project commences.

Print colour may vary from print run to print run and/or from job to job or from front to back. It will almost definitely vary slightly between different print stock depending on the absorbency of the paper, the differences between matte and gloss and other factors.

Colours will definitely vary from screen to print. Unless a specific colour code is provided Peterson & Co will endeavour to match the colour from screen to print to the best of our ability.

Peterson & Co take no responsibility for errors or colour matching based on materials from 3rd party design agencies.

Peterson & Co and its clients agree to comply with Printers terms and conditions which include disclaimers for non-completion on time.

Website design

Once web design is complete, Peterson & Co will provide the client with the opportunity to review the work. Peterson & Co will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to Peterson & Co by e-mail.

Peterson & Co will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period.

We will not test websites in old or abandoned browsers or mobile operating systems, for example Microsoft Internet Explorer 6 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using these older browsers, we will charge you at the daily rate set out in our original estimate for any necessary additional code and its testing.

Hosting websites

Peterson & Co offers a third party web hosting service. Peterson & Co does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Peterson & Co may request that clients change the type of hosting account used if that account is deemed by Peterson & Co to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Peterson & Co are not liable for their payment.

Peterson & Co does not offer free technical support for web site hosting, HTML email or other services relating to web site hosting.

WordPress and other CMS

Peterson & Co offers configuration services for the software used to build your site. The client must accept the GPL licence that comes with the CMS software and, specifically, that it comes with no warranties of any kind.

We, of course, have a responsibility to make your website as secure as possible, within the limits of the platform used, e.g. changing admin account usernames, strong passwords, latest versions of software and plugins, secure directory permissions, not using untrusted third party components etc. Those are configuration requirements.

We will install the latest version of WordPress and any theme used but please note that we do not give support or any questions related on how to install and maintain wordpress. For any faults that may cause your website or theme malfunction you should refer to wordpress or your theme support forum. Alternatively you can get help from your web hosting. We’ll be happy to help but charges will apply unless a Support Agreement in place.

Maintenance and Security

Unless covered under a Support Agreement, maintenance and security of your website is the responsibility of the website owner/administrator. Maintenance and security that should be carried out regularly include but is not limited to:

Keeping your version of WordPress or other CMS up to date and all extensions up to date. From time to time updates to software are released to keep ahead of hackers, to keep up with changes that may be made to other applications such as Facebook or to add functionality. You should check your website at least once a month to make sure it has the latest software.

Backing up your website. We backup our servers but this doesn’t guarantee that your website is correctly backed up and restorable. For example we overwrite the previous backup each time so if your website was hacked 3 days ago, and your only notice it today, chances are a hacked copy of your website will be included in the backup. We install backup on every site we build to make backing up your site easy.

Keeping the content on your website up to date. Unless covered under a Support Agreement, content management is up to the website owner/administrator.

We take preventative measures in providing security for your website depending on the CMS but there is no way of guaranteeing your website won’t get hacked (if the Government still gets hacked, chances are you may too). If you keep regular backups of your site and keep your WordPress plugins or other CMS extensions up to date, then you will significantly reduce the risk of getting hacked and if you do, having a recent backup will make it easier for us to restore your site. Restoring a hacked website does come under our Additional Support, so please ensure you keep your site backed up and up to date.

After the site goes live if there is no maintenance agreement in place and a site gets hacked because it isn’t using current versions of all components, then Peterson & Co takes no responsibility.

Domain Registration

Peterson & Co cannot guarantee the availability of any domain name. Where Peterson & Co is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Optimisation (SEO)

Due to the infinite number of considerations that search engines use when determining a site’s ranking, Peterson & Co cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Your website will be generated with the basic level of SEO by submission to Google, using meta-tags for descriptions, keywords and generating links to and from reputable associated sites.

Intellectual Property Rights

You guarantee the written content you provide is original, or that you have the rights to use it. You also guarantee you have licences to use images which are owned by photographers or have been purchased from stock libraries. You agree to protect us from any claim by owners of copyrighted material. When our work requires licensed fonts or images from stock libraries, we’ll ask you to purchase them so you’ll be licensed to use them.

We guarantee our work is original. When you’ve paid us in full—and if this contract hasn’t been terminated—we’ll assign intellectual property rights to you as follows:

You’ll own the graphic files we produce during your project. We’ll give you permission to use these files for any purpose.

We’ll own the unique combination of elements which constitute the complete design. We’ll license it to you, exclusively and in perpetuity, for this project only.

Design Credits

The client agrees to allow Peterson & Co to place a small credit on printed material, exhibition displays, advertisements and/or a link to Peterson & Co website on the client’s website. This will usually be a small logo or line of text placed near the bottom of the page.

The client also agrees to allow Peterson & Co to place websites and other designs, along with a link to the client’s site on Peterson & Co website for demonstration purposes and to use any designs in its own publicity.

HTML Emails

Email code renders differently on different operating systems, different devices and in different email clients – Consequently the fold will move around for different recipients (it’s typically 400-700px), and the real estate that a paragraph of body copy takes up will vary due to differences in line height and font size rendering. So it’s worth thinking about using the email as a teaser and putting your main/large content on a landing page.

HTML emails don’t work the same as websites. HTML emails are viewed through various different email programs that blocks certain type of code such as CSS, JavaScripts and even fonts and images. There are also typeface limitations – its best to stick with the basic, cross-platform fonts. A (really) small number of email clients support the use of web fonts provided through Google Web Fonts. Some email programs have their images switched off by default which means your recipients only see few empty boxes with a small red cross to indicate a missing image. This leads to your recipients unsubscribing or deleting your email immediately. Spam filters tend to block this type of emails as well. Do not assume all recipients have exactly the same computer with exactly the same email program as your own. We make sure your email is optimised to display properly across different screen sizes, resolution and preview panes but cannot guarantee perfect viewing in old or abandoned email systems.

Technical Support

Peterson & Co does not offer any ongoing technical support beyond the design and development of your website, HTML email or any digital media. If you do require help with anything beyond the design and development, we’ll be happy to help and will charge you the hourly rate.

Once the project has been released (72 hours after confirmation email that all functions are working properly and client is satisfied) the site will be up to you to maintain including either hiring us for technical help or seeking out your own maintenance vendor for the site. If client does not get back to Peterson & Co within one week to confirm any outstanding issues, we reserve the right to close the project and consider it complete. All technical issues within that week must be submitted in writing.

All repairs and technical help will be the responsibility of the client. Because we develop the design of the website does not mean we have the ability to be the vendor on the technical side.

Cancellation

Cancellation of orders may be made initially by telephone contact, or e-mail, however, following this, Peterson & Co will need formal notification in writing to the company’s postal address. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Peterson & Co within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.

Confidentiality

Peterson & Co shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of the client or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of the client.

Legal Stuff 

We carry out work in accordance with good industry practice and at the standard expected from qualified people with relevant experience. That said, we can’t guarantee our work will be free from errors. We won’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will be limited only to the price stated in this contract. You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.

Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Disclaimer

Peterson & Co makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Peterson & Co will not be held responsible for any and all damages resulting from products and/or services it supplies. Peterson & Co is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Peterson & Co responsible for any such loss or damage. Any claim against Peterson & Co shall be limited to the relevant fee(s) paid by the customer.

Peterson & Co reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Peterson & Co will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Peterson & Co Design Studio

15 Francis Street, Bondi, NSW 2026

Tel: +61 0403 239 767

Email: [email protected]