Terms & Conditions
The following terms constitute an agreement between you as the user / client and Hot Lizard Designs.
HOT LIZARD DESIGNS WILL:
Perform the work agreed within the scope with a professional manner; and endeavour to ensure that the work is completed within the agreed timeframes.
THE CLIENT WILL:
Will give all reasonable assistance to enable the designer to perform the work by: giving clear instructions; and providing all information such as copy, preferred colour scheme and fonts, artwork (logos, high resolution images, icons, etc.), to Hot Lizard Designs in a timely manner.
Quotations for services along with a scope of work are generated on the basis of the brief provided by the client. Quotes are valid for thirty (30) business days, after which Hot Lizard Designs reserves the right to amend prices.
All bookings for Hot Lizard Designs services are confirmed once a 50% non-refundable deposit has been paid. The deposit is non-refundable as Hot Lizard Designs has agreed to set aside specific time for the design, and may have rejected other clients for the same time slot.
Payment of services will be in the agreed currency and payable via Paypal or Internet Bank Transfer. Payment details are stated on all client proposals. Once payment has been made, clients will receive an invoice with confirmation of deposit paid.
COMMENCEMENT AND TERMINATION
This agreement shall begin when the client accepts a quote and pays the corresponding deposit invoice for a Hot Lizard Designs service, and shall continue until all services are complete and delivered, or until the agreement is terminated.
Either party may terminate this agreement at any time in writing. In the event of termination, the client agrees to pay Hot Lizard Designs for all services performed up until the point of termination.
Client shall use all reasonable efforts to provide Hot Lizard Designs with the information, materials, approvals and feedback in a timely manner to maintain the smooth progress of the project within the agreed timeframe.
The client understands that any delay will result in a day-for-day extension of the due date for all deliverables, and that each party shall use reasonable efforts to notify the other party, in writing, of a delay.
The client is to refer to hosting and domain name providers for queries regarding the following services: domain names, hosting and registration, email addresses and email hosting. Hot Lizard Designs holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the client’s email account details are obtained and used to send spam or malicious material.
Hot Lizard Designs design websites on the Squarespace platform to the best of their knowledge at the time of completion. Hot Lizard Designs will not be held responsible and is not liable for any loss of income to arise from the client’s website “going down”, being hacked or otherwise.
Hot Lizard Designs will endeavour to optimise the in-built SEO on the client’s website, but does not guarantee an higher Google search ranking, or increased internet traffic. The client is responsible for additional external SEO improvements such as Google My Business, local online business directories, and employment of a specialist SEO agency depending on client requirements.
Intellectual property rights is defined as all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, Internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
The client guarantees that all elements of text, images or other artwork provided to Hot Lizard Designs are either owned by the client, or that the client has permission to use them. As such, the client agrees to protect Hot Lizard Designs from any claim by a third party that their intellectual property rights have been infringed.
Hot Lizard Designs guarantees that all elements of the work delivered to the client are either owned by Hot Lizard Designs or we have permission to provide them to the client. As such, Hot Lizard Designs agrees to protect the client from any claim by a third party that their intellectual property rights have been infringed.
Once payment has been made in full for the agreed services, the client will own the brand or website design provided by Hot Lizard Designs. The client owns all intellectual property rights of text, images, site specification and data that has been provided, unless stated otherwise.
Hot Lizard Designs will own any intellectual property rights that were developed prior to, or developed separately from this project and not paid for by the client.
The client agrees to allow: (a) Hot Lizard Designs to add a small credit on the client’s website. This will be in the form of a small line of text located in the footer section of the web page; (b) Hot Lizard Designs to place its designs and work, along with a hyperlink to the client’s site on Hot Lizard Designs’ own website for self-promotional services, unless agreed to the contrary in writing by both parties. The client understand that Hot Lizard Designs does not take any responsibility for trademarking of any kind and that it is the client’s responsibility to check trade-marking laws and existing trademarks for availability.
Hot Lizard Designs will provide the client with two (2) rounds of minor refinements at no extra cost within seven (7) days of submission to the client for review. Requests for minor changes are to be made in writing via email, and include: colour changes; font changes, small layout adjustment to a single page, the additional or removal of a graphic element. If a client has not requested any minor changes within seven (7) days of the review period, it is assumed that the client has accepted the original draft with no changes, and that payment of the final 50% of the invoice is then due.
Any additional revisions to the website once launched are supported at the hourly rate of US$55.00 / AU$75.00
CHANGES TO PROJECT SCOPE
If client wants to change the scope of work after acceptance of this agreement, the client shall send confirmation of acceptance of additional work in writing (via email) to Hot Lizard Designs. The client understands that additional fees and changes to delivery dates may apply in addition to the originally agreed price. As such, Hot Lizard Designs will notify the client of any additional charges within a new proposal and scope of work in advance of work taking place.
If the client rejects the proposal for the amended project scope from Hot Lizard Designs, Hot Lizard Designs Designs is not obliged to perform any services beyond those in the original agreement. Hot Lizard Designs reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes.
If the client requires design work expedited (outside of project scope and agreed upon time frames), Hot Lizard Designs will try to accommodate the request where possible. It is understood that the client may incur additional fees to compensate working outside regular business hours and on public holidays. Hot Lizard Designs will notify the client of any additional fees in advance, and the client will provide written agreement to those fees before work commences.
All material considered confidential by either party shall be designated as confidential.
RELATIONSHIP OF THE PARTIES
No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. Hot Lizard Designs and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.
INDEMNIFICATION AND LIABILITY
Client shall indemnify the designer from any and all damages, liabilities, costs, losses, expenses or attorney fees arising out of any claim, demand, or action by a third party due to materials included in deliverables at the request of the client. The services and the work product of Hot Lizard Designs are sold “as is”, and the client has the final responsibility to check all content on the site before signing off on the completed project. In all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of the designer. In no event shall the designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorney's’ fees and costs in any dispute resolved by binding arbitration or litigation.
If you have any questions about these terms, please contact us.
Last updated: 1 June 2018