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LDS Social

Hire us... if you like our terms

We’d love for your to consider us for your upcoming design project. And we’d like to make that decision easier for you by being as transparent as possible when it comes to our costs, terms and conditions.

Terms of Service

As our Terms of Service are referenced on our website and email correspondence, by agreeing to commence a project, it is our understanding that you have read and agree to our Terms of Service (as follows).

Quotes
All quotations are based on the brief given. Should any additional work be required, your quotation will be amended. Please take due care and attention when checking quotations. All quotations lapse unless accepted within 30 days of the date given. All prices quoted will be exclusive of GST. Other charges (administration, stock images, plugins, CDs, printing etc) may also apply. You will be asked to sign and return a design contract on acceptance of a quote. An example of the conditions of contract as follows.
Design Process
A design contract will include one main design plus the opportunity for you to make up to two rounds of revisions. If you’re not happy with the designs at this stage, you may either pay us in full for all of the work that we have produced until that point and you may either cancel this contract or continue to commission us to make further design revisions at an agreed daily rate. In the event of cancellation, ownership of all copyrights and the original artwork shall be retained by Lipstick Design Studio.
Web Design
If the project includes XHTML or HTML markup and CSS templates, we will develop these using valid XHTML 1.0 Strict markup and CSS2.1 + 3 for styling. We will test all our markup and CSS in current versions of all major browsers including those made by Apple, Google, Microsoft, Mozilla and Opera. If requested, we will also test to ensure that pages will display visually in a similar, albeit not necessarily an identical way, in Microsoft Internet Explorer 6 for Windows as this browser is now past it’s sell-by date.

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer 5 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 an agreed daily rate for any necessary additional code and its testing.

Text Copy
You will provide us with all text copy. We will input text copy on your behalf during the initial design/build. Text copy submitted to us after final sign off will be inputted at our current hourly rate.

If you require assistance with your text copy, we can recommend a professional proof reading, editing and translation service and can, in addition to our estimate, coordinate the writing of text copy on your behalf. These services will be charged as follows: proof reading at NZ$35 per hour, editing at NZ$45 per hour and translation at NZ.50c per word.

Existing Branding
If your design contract does not require us to create/modify your branding. You will provide us with branding, colour palette, and brand related imagery files in the preferred formats:
• Branding: original format – AI, EPS, PSD or TIFF.
• Brand related photographs JPG, TIFF or PSD.
• Brand related vector graphics as AI or EPS.
• Brand related graphics in PDS, TIFF, JPG, PNG, EPS or AI.
• Color palette (if required) as RGB (web) or CMYK (print) or an EPS colour swatch.

You will supply us photographs/images either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography/images. Any time we spend searching for appropriate photographs or imagery may be charged at NZ$45 per hour.

Changes & Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don’t want to limit either your options or your opportunities to change your mind.

Your quotation will be based on the original brief. If you do want to change your mind, add extra pages or templates or even add new functionality, that won’t be a problem. You may be charged an agreed hourly/daily rate. Along the way we might ask you to put requests in writing so we can keep track of changes.

Technical Support
You may already have professional website hosting, you might even manage that hosting in-house; if that’s the case, great. If you don’t manage your own website hosting, we can set up an account for you at our preferred third-party hosting providers. We will charge you a one-off fee for installing your site on this server, creating your domain based email (if required) plus the setup of any statistics software such as Google Analytics; then the updates to, and support issues will be up to you.

We are not a website hosting company and so we do not offer or include technical support for website hosting, email or other services relating to website hosting. If you do require help with anything beyond the design and development of your site, we’ll be happy to help and will charge you our current hourly rate.

Legal Stuff
We can’t guarantee that the functions contained in any HTML email, web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate an HTML email, website or any other web pages, even if you have advised us of the possibilities of such damages.

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

Phew.

Copyrights
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good self, or that you have permission to use them.

When we receive your final payment, copyright is automatically assigned as follows:

You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files and you should store them really safely as we are not required to keep them or provide any native source files that we used in making them.

You also own text content, photographs and other data you provided, unless someone else owns them. We own the HTML markup, CSS and other code and we license it to you for use on only this project. All creation files and rejected artworks will remain the property of Lipstick Design Studio.

We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolios.

Payment
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.

Payment Terms for Invoices Under $500

Payment is due in full 10 working days from the invoice date.

Payment Terms for Invoices of $500 or More

Payment is due as per the following payment schedule 10 working days from each invoice date.

New Zealand based clients:
Deposit: 20%
Design Sign Off: 30%
Final Sign Off: final 50% + any additional charges that the project may have incurred (and that you have agreed to) along the way.

Global clients:
Deposit: 50%
Design Sign Off: 30%
Final Sign Off: final 20% + any additional charges that the project may have incurred (and that you have agreed to) along the way.

Accepted payment methods: direct credit, PayPal (Visa and Mastercard).

Important, please note: your domain based email will not be activated, nor your website launched until your account has been settled in full. This includes any transaction fees incurred via international transfer or PayPal, which will be settled at your expense.

A NZ$50 service charge is payable on all overdue balances for reissuing each invoice at 45, 60, 75 and 90 days from the date of original invoice.

Small Print
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of New Zealand courts. Oh and don’t forget those men with big dogs.