Terms & Conditions
Last updated: July 16, 2025
Important Notice
This document is a legally binding agreement. By engaging with our services, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions. This document is provided for informational purposes only. It is highly recommended that you consult with a legal professional to ensure it fully complies with your specific business needs.
This Agreement (“Agreement”) is made between Proto Designs (ABN: 20 374 279 617), a business located in Clyde North, Victoria, Australia, and the Client (“You”).
1. The Agreement
By accepting a quote or paying a deposit for any service from Proto Designs, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This Agreement constitutes the entire understanding between Proto Designs and the Client regarding the services provided.
2. Services Provided
2.1 Website Design Proto Designs will design and develop a custom website to meet the client’s specifications. This includes a responsive website, optimised for desktop, tablet, and mobile, with a structure tailored to your business goals. We will integrate key features as required (e.g., contact forms, galleries, blogs, e-commerce, bookings). The design will be search engine-friendly with basic SEO. Up to 5 rounds of revisions are included on design drafts.
2.2 Logo Design We will create a unique and memorable logo. This service includes 3 initial logo concepts and up to 3 rounds of revisions on the chosen concept. The final package includes a primary, secondary, simplified, and sub-mark design, delivered in versatile formats including PDF, JPEG, PNG, SVG, and .AI. A basic brand kit with font names and colour codes will also be provided.
2.3 Graphic Design Proto Designs will design specific print and digital assets as outlined in the project scope. This includes, but is not limited to, business cards, flyers, posters, website banners, and email signatures. The number of revisions will be specified in the project quote for each item. All designs are custom-created to meet the client’s brief.
2.4 Social Content We will create visual and textual content for your social media platforms as outlined in the agreed monthly content plan. This service includes the design of graphics and short videos, integration of your provided assets, and basic text formatting and hashtag suggestions. Final content will be delivered via a shared online drive on a set schedule.
3. Website Care Plan
The Website Care Plan is a compulsory ongoing service with every website we build. This support service includes:
Daily website backups
Software updates
Plugin updates
Premium & secure web hosting
Monthly Google Analytics reports
Monthly Google Search Console reports
Advanced website security
Database maintenance
Site speed optimisation
Image & media optimisation
Uptime monitoring
Customer support
4. Project Workflow & Responsibilities
4.1 Project Timeline Work begins upon receipt of the deposit or initial monthly payment. Estimated completion times are provided as a guide only and are contingent on your timely provision of content and feedback. Delays in providing content or approvals may extend the project timeline.
4.2 Client Responsibilities To ensure timely and effective project completion, you agree to:
– Provide all required content (text, images, brand assets) by requested deadlines.
– Respond to all approval requests within 3 business days.
– Communicate clearly and promptly throughout the project.
– You warrant that you own or have the necessary licenses for all content provided to Proto Designs for use in your project.
– For Social Content, you are solely responsible for the actual posting of all content to your social media platforms, scheduling, and community engagement.
– Provide all required content (text, images, brand assets) by requested deadlines.
– Respond to all approval requests within 3 business days.
– Communicate clearly and promptly throughout the project.
– You warrant that you own or have the necessary licenses for all content provided to Proto Designs for use in your project.
– For Social Content, you are solely responsible for the actual posting of all content to your social media platforms, scheduling, and community engagement.
5. Fees and Payment
5.1 General Payment Terms All projects will have a clear quote.
– Deposit: 50% of total cost, payable before any work begins.
– Balance: 50% of total cost, payable within 14 days after project completion and approval.
– Deposit: 50% of total cost, payable before any work begins.
– Balance: 50% of total cost, payable within 14 days after project completion and approval.
5.2 Website Care Plan
– The first monthly fee is invoiced with the final 50% website build payment.
– Subsequent fees will be invoiced starting from the date your website went live, according to your chosen billing cycle (monthly, quarterly, biannually, or annually).
– Payment is due within 14 days of the invoice date.
– The first monthly fee is invoiced with the final 50% website build payment.
– Subsequent fees will be invoiced starting from the date your website went live, according to your chosen billing cycle (monthly, quarterly, biannually, or annually).
– Payment is due within 14 days of the invoice date.
5.3 Late Payments A 20% late fee will be applied to all overdue invoices not paid within 14 days. If an invoice remains unpaid after 21 days, Proto Designs reserves the right to suspend all services, including turning off the website or ceasing content creation, until full payment is received.
5.4 Payment Method Bank transfer only.
5. Fees and Payment
6.1 Revisions and Change Requests The number of revisions included in each service is specified in Section 2. Revisions are limited to design and layout. Major functionality changes or new features are billable. After launch, additional changes will be quoted and billed separately at our standard hourly rate of $80 per hour.
6.2 Site Migration If you choose to move a website to another hosting provider, a $200 migration fee applies. This includes packaging the website and assisting with transfer support. All outstanding accounts must be settled before migration.
6.3 Termination Either party may terminate this agreement with written notice at any time. You must pay any outstanding balances before termination takes effect. If you initiate termination of a Website Care Plan, the next fee will be charged as a final termination fee. All services will cease after that billing period. Deposits for one-time projects are non-refundable.
6.4 Ownership and Intellectual Property Upon full payment, you will own all intellectual property and rights to the final, approved work. This excludes third-party plugins or licensed software which are owned by the original vendors. Proto Designs may showcase the work in its portfolio unless otherwise requested in writing.
6.5 Indemnity You agree to indemnify Proto Designs from any claims or losses arising from the content you provide (e.g., copyrighted images or text) or your use of the final work.
6.6 Governing Law This Agreement is governed by the laws of Victoria, Australia. Any disputes shall be resolved in the courts of that jurisdiction.
6.7 Entire Agreement This document reflects the entire understanding of both parties. No oral or written representations outside of this document shall apply unless formally amended in writing.
6.8 Severability If any section is found unenforceable, the rest of the agreement remains valid.
6.9 Waiver Failure by either party to enforce a clause does not constitute a waiver of rights.