If you have any questions about our terms and conditions don't hesitate to contact us.
1.1 Estimates & Quotes: All estimates/quotes are based on our understanding of your requirements and time frame. Any changes to the functionality, including micro-improvements, may incur additional costs. Please clarify all requirements in an online meeting before accepting the fee.
1.2 Acceptance of Quote: By accepting a quote, you agree to and accept the terms and conditions of Mindesigns. Acceptance can be by email, payment of initiation, or by signing a quote.
1.3 Task Complexity & Costing: Any complexity related to specific tasks must be advised in advance and included in the proposal for costing purposes. We rely on clients to disclose the full picture at the time of quotation. Any discrepancy arising from unclear or misleading requirements may incur additional costs.
1.4 Client Responsibility: Clients must ensure that all requirements are included in quotes/proposals/estimates and that we fully understand their needs. If details are not provided, we will proceed with our understanding and quote accordingly. Any discrepancies arising later may lead to additional costs.
1.5 Man-Hours Allocation: There are limited man-hours allocated to each task, including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours; however, significant changes may incur additional fees.
1.6 Delays: Any delays on the client’s end may delay the project and proposed timeframes.
1.7 Design Review: We allow for a single design review per website page. Any re-work or changes to the design after approval will incur additional charges.
1.8 Modifications: Modifications requested during development or after Go-Live approval will incur additional charges. All additional work beyond the estimate is charged separately.
1.9 Content Delivery: Website/application content and all related materials must be provided within the first two weeks of starting the project. Delays beyond this may delay the project.
1.10 Scope Freeze After Approval: Once the project scope and design are approved, no further changes will be accepted without a formal change request and a revised quote.
1.11 Milestone-Based Approach: Project phases will be broken into milestones, and approval is required before moving to the next phase.
1.12 Accuracy of Information Provided: All content, images, and information provided by the client must be accurate and free from copyright issues; Mindesigns is not liable for legal claims resulting from client-provided materials.
1.13 Time-Sensitive Feedback: Clients must provide feedback within 3–5 business days of receiving deliverables; delayed feedback may push timelines forward.
2.1 Third-Party Components: Mindesigns packages in coordination with third-party providers. Changes in the provider’s rules or policies may affect our services or the terms outlined here.
2.2 Open-Source Products: Mindesigns does not take responsibility for open-source products (e.g., WordPress, Joomla). Regular backups are recommended.
2.3 Third-Party Integration Delays: Unforeseen circumstances, especially with third-party software integrations, may delay the development process. We will aim to complete the project as agreed, and clients should not penalise Mindesigns for genuine delays.
2.4 Third-Party Component Limitations: Mindesigns is not responsible for limitations of third-party components. Costs for third-party components (SSL, Payment gateway, etc.) are not included in the quotes.
2.5 Template Issues: Mindesigns does not take responsibility for issues related to purchased website templates, such as bugs or errors. We recommend thorough market research before purchasing a template.
2.6 Website Security: The service fee includes only the configuration of WordFence for basic security measures. No additional security tools or configurations are covered under this agreement. This proposal does not include cybersecurity services such as penetration testing, advanced threat detection, or any security measures beyond WordFence setup. Any additional security configurations or cybersecurity services will require a separate agreement and pricing discussion.
2.7 Subscription Responsibilities: Clients are responsible for the renewal and management of any third-party subscriptions (plugins, SaaS tools, etc.) unless otherwise agreed.
2.8 API/Integration Limitations: Mindesigns cannot guarantee uninterrupted service from third-party APIs; updates or changes to APIs may require additional development at an extra cost.
2.9 Licensing Compliance: Clients are responsible for maintaining valid licences for any third-party software used in the project.
3.1 Domain Charges: Domain registration/renewal charges are not included unless stated. A separate quote will be provided if required.
3.2 Hosting Charges: Hosting charges are not included unless stated. Mindesigns can organise hosting solutions if required, with a separate quote.
3.3 Migration Fees: If a client chooses to move their website to another hosting provider, migration assistance is available for an additional fee.
3.4 Uptime & Hosting Performance: Mindesigns is not responsible for downtime, performance issues, or security breaches caused by third-party hosting providers.
4.1 Communication Channels: All communications are typically done via email. Clients are responsible for providing up-to-date contact details.
4.2 Project Termination: If a client decides to terminate the project for personal reasons, Mindesigns will be compensated for work hours invested (this does not apply to ongoing digital marketing support).
4.3 Project Hold: If client information or feedback is not provided within 2-4 weeks, the project may be put on hold. Any further delays may incur an additional ongoing monthly fee (10% of the project cost).
4.4 Single Point of Contact: The client will nominate one main point of contact for approvals and feedback to avoid conflicting instructions.
4.5 Business Hours Communication: All communication will be responded to within standard business hours (Monday–Friday, excluding public holidays).
4.6 Urgent Requests: Urgent requests outside standard hours will be billed at a higher hourly rate.
5.1 Fee Proposal Validity: The fee proposal is valid for 30 days from the submission date.
5.2 Paid Consultations: Pre-paid and booked consultations are non-refundable.
5.3 Deposit Validity: A deposit is valid for 12 months from receipt. If the project hasn’t started within this period — including situations where communication from the client has ceased for 12 months or more — the deposit is forfeited, unless a written extension has been requested and approved.
5.4 Instalment Payments: Larger projects may require staged payments based on milestones.
5.5 Late Payment Fees: Late payments will incur an interest charge of 5% per month until payment is received.
5.6 Non-Payment Consequences: Non-payment may result in the suspension of ongoing services or withholding of deliverables.
6.1 Project Deliverables: Deliverables are handed over upon project completion and after final payments as per the fee proposal. Mindesigns retains ownership and rights to content created until payments are made in full.
6.2 Pre-Existing Materials: Any pre-existing code, libraries, or templates remain the intellectual property of Mindesigns unless otherwise agreed.
6.3 Portfolio Rights: Mindesigns retains the right to showcase the project in its portfolio and marketing materials.
6.4 Access Rights Post-Completion: After project handover, ongoing access or support will require a separate maintenance agreement.
7.1 Template Customisation: Website elements built using a template are not customisable unless specified. Customisation may incur additional charges on a case-by-case basis.
7.2 Backup Services: Monthly backups of website data are provided only to clients using Mindesigns’ servers.
7.3 Digital Marketing Services: Ongoing digital marketing service packages are billed at an hourly rate of $120 to $150. Once the allocated budget is exhausted, clients can either increase the budget or wait for the next billing cycle.
7.4 Rush Fees: Projects requiring completion sooner than the agreed timeline may incur a rush fee.
7.5 Ongoing Maintenance: Maintenance services beyond bug fixes (e.g., updates, content changes) are billed at our standard hourly rate.
7.6 Recovery Services: Recovery of deleted or corrupted data not covered under regular backups will incur an additional fee.
8.1 Unforeseen Circumstances: Mindesigns cannot be held liable for unforeseen delays, especially with third-party components, software, or providers.
8.2 Discrepancy in Terms: In the event of a conflict between the fee proposal and these terms, the provisions in the fee proposal take precedence for related matters. These terms will still apply to all other aspects.
8.3 Governing Law: All agreements are governed by the laws of the state of QLD, Australia.
8.4 Force Majeure: Mindesigns is not liable for delays or failures caused by events beyond its reasonable control (natural disasters, internet outages, etc.).
8.5 Confidentiality: Both parties agree to keep all project details and sensitive business information confidential unless otherwise agreed in writing.
9.1 Entire Agreement: This document and any related proposals or statements of work constitute the entire agreement between the client and Mindesigns, superseding any prior discussions, proposals, or communications.
9.2 Amendments: Any amendments to these terms must be made in writing and agreed upon by both parties.
9.3 Severability: If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
9.4 Acceptance: By paying a deposit, signing a quote, or confirming by email, the client acknowledges that they have read, understood, and agreed to these Terms & Conditions.
