Terms of Service

1. Acceptance of Terms

By engaging Striking Web Design (operated by Vero Scale, ABN 95 987 726 537) to provide web design and development services, you ("the Client") accept and agree to be bound by these Terms of Service. These terms, together with any signed proposal or quote, form the complete agreement between the parties. If you do not agree to these terms, please do not engage our services.

2. Definitions

• "We", "Us", "Our" refers to Striking Web Design, a brand of Vero Scale (ABN 95 987 726 537).
• "Client", "You", "Your" refers to the individual or business engaging our services.
• "Project" refers to the agreed scope of work as outlined in the accepted quote or proposal.
• "Deliverables" refers to the website, pages, designs, and other digital assets produced as part of the project.
• "Content" refers to text, images, logos, videos, and other materials provided by the Client for use in the project.
• "Materials" refers to any third-party assets, templates, fonts, plugins, or tools used in creating the deliverables.

3. Services Provided

Striking Web Design provides professional web design and development services including but not limited to:

• Custom website design and development
• WordPress development
• Static site development (Astro, Svelte)
• Website optimisation and speed enhancement
• SEO setup (meta tags, schema markup, sitemap)
• Google Analytics integration
• Lead capture forms
• Technical support and maintenance

The specific services for your project will be detailed in your accepted quote or proposal.

4. Service Tiers & Pricing

Striking Web Design offers three service levels based on project complexity, not page count. All prices are in Australian Dollars (AUD) and are not subject to GST.

All tiers include custom design, mobile-optimised responsive layout, SEO setup, Google Analytics, and lead capture forms. Tier-specific inclusions:

Prices are subject to change; your accepted quote locks in the price for your project.

5. Quotations & Proposals

• All quotes are valid for 14 days from the date of issue unless otherwise stated.
• A quote is not a binding agreement until accepted by the Client and the required deposit is received.
• The scope of work will be documented in writing before work begins. Any work outside the agreed scope may require a revised quote.
• We reserve the right to adjust pricing for projects that materially differ from the original brief.

6. Payment Terms

• A deposit of 50% of the total project cost is required before work begins.
• The remaining 50% balance is due upon project completion and Client approval of the deliverables.
• Payment terms and methods will be specified in your invoice.
• Invoices are due within 7 days of issue unless otherwise agreed in writing.
• Late payments may incur a fee of 2% per month on the outstanding balance.
• We reserve the right to pause or suspend work on any project with overdue invoices.

7. Project Timeline & Delivery

• Estimated delivery times are: Standard 7 business days, Guided 10 business days, Managed 14 business days.
• Timelines begin once the deposit is received and all required content and materials have been provided by the Client.
• Delays caused by the Client (late content, delayed feedback, unavailability) may extend the delivery timeline accordingly.
• We will notify you promptly if unforeseen circumstances affect the estimated timeline.
• Upon delivery, the Client has 7 days to review and request included revisions. After 7 days without response, the project is considered accepted.

8. Revisions & Change Requests

• Revision rounds included vary by tier: Standard includes 2 rounds, Guided includes 3 rounds, and Managed includes 4 rounds.
• A "revision round" consists of a single set of consolidated feedback provided in one communication.
• Revisions cover changes to layout, colours, typography, and content placement within the agreed scope.
• Requests that change the project scope (additional pages, new features, structural redesign) are considered change requests and may require a revised quote.
• Additional revision rounds beyond those included are charged at $165 per hour (AUD).

9. Client Responsibilities

To ensure timely and successful delivery, the Client agrees to:

• Provide all required content (text, images, logos, branding guidelines) in a timely manner.
• Provide feedback and revision requests within the agreed review period.
• Ensure they have the authority to make decisions on behalf of their business regarding the project.
• Provide access to any required accounts (domain registrar, hosting, third-party services) as needed.
• Ensure all content provided is accurate, lawful, and does not infringe on any third party's intellectual property rights.
• Attend scheduled strategy calls (Guided and Managed tiers) as agreed.

10. Intellectual Property

• Upon receipt of full payment, ownership of the custom-designed deliverables transfers to the Client.
• Striking Web Design retains the right to display the completed work in our portfolio, on our website, and in promotional materials unless otherwise agreed in writing.
• Third-party assets used in the project (fonts, plugins, stock images, WordPress themes) remain subject to their respective licences. We will inform you of any third-party licence requirements.
• Any pre-existing intellectual property, frameworks, or tools developed by Striking Web Design prior to the project remain our property. You receive a perpetual, non-exclusive licence to use them as part of the deliverables.

11. Hosting & Domain

• The Client owns and controls their domain name. We do not register or hold domains on the Client's behalf unless specifically requested and agreed in writing.
• We may recommend hosting providers but are not responsible for third-party hosting performance, uptime, or fees.
• There is no lock-in. The Client is free to move their website to any hosting provider at any time.
• If we deploy your site to a hosting platform, we will provide you with full access credentials.

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This includes business strategies, login credentials, financial information, and any materials marked as confidential. This obligation survives the completion or termination of the project.

13. Limitation of Liability

• Our total liability for any claim arising from the services is limited to the total amount paid by the Client for the specific project giving rise to the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, data, or business opportunities.
• We are not responsible for any losses resulting from the Client's use or inability to use the deliverables after handover.

14. Indemnification

The Client agrees to indemnify, defend, and hold harmless Striking Web Design (Vero Scale), its owner, and any contractors from and against any claims, damages, losses, or expenses (including legal fees) arising out of or related to content provided by the Client, the Client's use of the deliverables, or any breach of these terms by the Client.

15. Cancellation & Refunds

• Before work begins: Full refund of the 50% deposit paid.
• After work has commenced: Refund is calculated on a pro-rata basis, reflecting the percentage of work completed at the time of cancellation.
• Completed work and any hours invested up to the point of cancellation will be billed at the agreed project rate.
• Cancellation requests must be submitted in writing via email.

16. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from events beyond reasonable control, including but not limited to natural disasters, pandemic, government actions, internet outages, or acts of terrorism. The affected party will notify the other party as soon as practicable and make reasonable efforts to mitigate the impact.

17. Communication

• Our primary communication channels are email and any messaging platform agreed upon at project commencement.
• We aim to respond to all project-related communications within 1 business day.
• Project updates and deliverables will be shared via email or an agreed project management platform.
• We will not share your contact information with third parties for marketing purposes.

18. Warranties & Disclaimers

• We warrant that all work will be performed in a professional and workmanlike manner consistent with generally accepted industry standards.
• We do not guarantee specific business results, search engine rankings, traffic volumes, or conversion rates from the deliverables.
• Websites are delivered as working at the time of handover. We are not responsible for issues arising from subsequent modifications made by the Client or third parties.
• Any warranties provided are in addition to, and do not replace, your statutory rights under Australian Consumer Law.

19. Dispute Resolution

• In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.
• If negotiation is unsuccessful within 14 days, either party may pursue mediation through an agreed mediator in Sydney, NSW.
• If mediation fails, the dispute shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia.

20. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010). If any provision of these terms conflicts with the Australian Consumer Law, the Australian Consumer Law prevails to the extent of the inconsistency. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

21. Third-Party Services

Your project may involve third-party tools, platforms, APIs, or integrations (such as payment processors, booking systems, CRM platforms, analytics tools, or hosting providers). We are not responsible for the performance, availability, security, or terms of any third-party service. Any issues with third-party services should be directed to the respective provider.

22. Termination

• Either party may terminate the agreement with written notice via email.
• Upon termination, the Client is responsible for payment for all work completed up to the date of termination.
• We may terminate the agreement immediately if the Client fails to make payment within 14 days of an invoice due date, or materially breaches these terms.
• Upon termination and full payment, the Client will receive all completed deliverables and access credentials.

23. Amendments

We may update these terms from time to time. The version published on our website at strikingweb.design/terms is the current version. Changes will not apply retroactively to projects already in progress under a signed agreement. Material changes to terms for active projects require written agreement from both parties.

24. Severability

If any provision of these terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

25. Entire Agreement

These Terms of Service, together with any accepted quote, proposal, or written agreement, constitute the entire agreement between the Client and Striking Web Design regarding the services described. No verbal agreements, representations, or promises made outside of these documents shall be binding unless confirmed in writing.

26. Contact Information

For questions about these Terms of Service or any active project, please contact us at hello@strikingweb.design.