Project Description. 

The Client wishes to hire the Designer to create a Website. The specific requirements and necessary details are as follows (the “Project”):  

1. Create a new website, using content from the previous website. Make a modern responsive layout with a consistant theme, a more user friendly shop and clear images. 

2. Monthly hosting which will include maintaining the website scripts, updating the plugins and resolving any security issues. 

Cost & Payment. 

The Parties agree to the following Payment and Payment Terms:  

1. TOTAL Design Project Cost:

One Page – $450

Bread and Butter – $750

Couch Commerce – $1250

Initial Deposit (Due upon execution of the Agreement): 50%

The remaining balance will be due upon the Designer’s completion and the Client’s acceptance of the Project.

Any extra design work or alterations after website completion will be charged at $65 an hour, invoiced monthly. 

2. TOTAL Hosting Cost: $45 per month, due on the 1st of each month and continuing until Client cancels in writing (email is preferable), with 14 days notice. 

Your maintenance costs includes access to yearly paid subscriptions for plugins used on your website. If you cancel this plan and move to another provider beyond 12 months, we will provide you with the names of the plugins for you to purchase your own renewing subscriptions (approx $99 – $299 per year depending on website features)

Payment to be made by direct deposit or via website.

Schedule. 

The Parties agree to the following schedule:

Once all content is given to the designer, the website will be completed within 3 weeks. 

This may be delayed if the content is not sufficient or it edits need to be made to text or images. 

Credit Notice. 

A credit notice that states “Designed by Dahlia Creative” linking to www.dahliacreative.com.au will be displayed on the bottom of each page of your website and will not be changed to a size or colour which will affect it’s visibility.

Confidentiality. 

During the course of this Agreement, it may be necessary for the Client to share proprietary information, including trade secrets, industry knowledge, and other confidential information, to the Designer in order for the Designer to complete the Website in its final form. The Designer will not share any of this proprietary information at any time, even after the Agreement is fulfilled. The Designer also will not use any of this proprietary information for the Designer’s personal benefit at any time, even after the Agreement is fulfilled.

Ownership Rights. 

The Client continues to own any and all proprietary information it shares with the Designer during the term of this Agreement for the purposes of the Project. The Designer has no rights to this proprietary  information and may not use it except to complete the Project. Upon completion of the Agreement, the Client will own the final website design. 

While the Designer will customize the Client’s Website to the Client’s specifications, the Client recognizes that websites generally have a common structure and basis. The Designer continues to own any and all template designs it may have created prior to this Agreement. The Designer will further own any template designs it may create as a result of this Agreement.

Representations and Warranties. 

The Designer represents and warrants that they have the right to enter into and perform this Agreement. The Designer further represents and warrants that they have the right to utilize and distribute the designs created for the Client and that such designs are not owned by anyone else to the Designer’s knowledge. In the event that the Designer does not have these rights, the Designer will repay any associated damages the Client may experience or will take responsibility so that the Client does not experience any damages.

The Designer shall create a Website for the Client’s purposes and to the Client’s specifications. THE DESIGNER DOES NOT REPRESENT OR WARRANT THAT SAID WEBSITE WILL CREATE ANY ADDITIONAL PROFITS, SALES, EXPOSURE, BRAND RECOGNITION, OR THE LIKE. THE DESIGNER HAS NO RESPONSIBILITY TO THE CLIENT IF THE WEBSITE DOES NOT LEAD TO THE CLIENT’S DESIRED RESULT(S). 

The Client represents and warrants that it has the rights to use any proprietary information, including, but not limited to trade secrets, trademarks, logos, copyrights, images, data, figures, content, and the like that it may provide to the Designer to be included in this Website. In the event that the Client does not have these rights, the Client will repay any associated damages the Designer may experience or will take responsibility so that the Designer does not experience any damages.

Limitation of Liability. 

UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM ANY PART OF THIS AGREEMENT SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY.

Assignment. 

The Parties may not assign their rights and/or obligations under this Agreement unless both Parties agree to the assignment in writing.

Termination. 

The Client can terminate the Agreement by giving written notice: (a) if the Designer commits any material breach of this Agreement and fails to correct the breach within seven (7) days of notice of the breach; or (b) if there is any repeated failure by the Designer to execute the Project in an acceptable standard and to the reasonable satisfaction of the Client. 

The Designer can terminate the Agreement by giving written notice: (a) if the Client fails to make the payments required and set forth in this Agreement within five (5) days of notice of failure to make a payment; or (b) if the Client commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.

Dispute Resolution. 

The Parties agree that this Agreement shall be governed by Australian law. In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation. In the event that a dispute cannot be resolved through good faith negotiation, the Parties agree to submit to binding mediation or arbitration. In the event of Arbitration and/or Mediation, the prevailing party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees. If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable. 

Complete Contract. 

The Parties acknowledge and agree that this Agreement represents the entire agreement between the Parties. In the event that the Parties desire to change, add, or otherwise modify any terms, they shall do so in writing to be signed by both parties.

Notices.

All notices under this Agreement must be sent by email, with a read receipt request, or be acknowledged by reply email.   

The Parties agree to the terms and conditions set forth above as demonstrated by their signature as follows: