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Terms & Conditions

 
By using Launch By Monday, the Client agrees, without limitation or qualification, to be bound by and to comply with these Terms & Conditions.


 By signing this agreement, you (“Client”) agree to retain Lollipop Creative Studio (“Service Provider”) to proceed with branding & design services for a 6-hour intensive, packaged under VIP Design Intensive , and agree to the terms and conditions as set forth in this Agreement.

During this intensive, Service Provider agrees to devote 6 hours on assignments to be determined by Client, as well as a 30-minute pre-intensive strategy call,  1 hour for post-intensive “fix” support and 30 days of post-intensive email support. 30 days of post-intensive email and messaging support. Work will be performed at the offices of the Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of the Client. Work will normally occur between the hours of 9:00 am – 3:00 pm AEST on weekdays.

Payment for these services will be to Service Provider at the rate of $1600 and a 50%  the deposit will be required to secure the booking. The remaining balance must be paid at least 24 hours prior of the appointment date. Alternatively, the client may choose to pay the full amount upon booking.

Design services in addition to the intensive will be made available by Service Provider at the current daily or half-date rate, and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, web hosting and 3rd party application services.

As a bonus to the all-day intensive, you will also receive 30 days of support following our intensive, starting with the day after the intensive. You will be able to email or message me with any questions or concerns you have about the work that was performed during our intensive, and you will receive a reply via email, message or video tutorials.

This support does not cover additional design or website work that exceeds what was done in our day together. If you have additional work that needs to be performed, you will have the option to book another day or a half-day intensive.

Rescheduling & Cancellation

Your payment secures the slot in my calendar and allows me to give you my undivided attention. This also means I can’t take other work. No refunds are available from the time of booking. Additionally, no refunds are considered during or after the project period.

As a one time courtesy, you can reschedule your VIP Day  at least 7 days prior with written notice. The new date needs to fall within the 90-day timeframe of your purchase. If you need to change your design date after the 7 day period, or after you have rescheduled once, we still love you! However, we charge a 25% rescheduling fee of the current price at the time of the rescheduling.

We reserve the right to deem the current project canceled if you don’t reschedule your day within 2 weeks after the cancellation and you will be required to rebook a new day at full price & a new contract.

Getting Down to Nitty Gritty

Deliverables
It’s important to note when you book your VIP Design Intensive, you’re booking me to work on your project for a day, not a set of deliverables.

The results of any final work performed by Service Provider for Client, including original creative work, will remain the property of the Client. The client may use this material in any way deemed appropriate.

We remain the owners of all rights of all other drafts as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in the future.


Done For You Plans
You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats in which we ask. You’ll review our work, provide feedback and approval promptly. You also agree to stick to the payment schedule set out at the end of this contract. We have the experience and ability to do everything we’ve agreed with you, and we’ll do it all in a professional and timely manner. We’ll endeavour to meet every set deadline, and further to that, we’ll maintain the confidentiality of everything you give us.

Do It Yourself Plans
You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You’ll complete the project on your own using the template chosen at check out and using the tools provided.


Legalities
We’ll carry out our work following industry practice and at the standard expected from a suitably qualified person with relevant experience. However, we can’t guarantee that our work will be error-free. 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, even if you’ve advised us of them.
Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if we’ve advised you of them.
If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.


Intellectual Property Rights
Intellectual Property Rights means 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.
You guarantee that all elements of text, images or other artwork you provide are either owned by you or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that we either own all elements of the work we deliver to you or we’ve obtained permission to provide them to you. Provided you’ve paid for the work, and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:
You’ll own the website we design for you plus the visual elements that we create for it a 12-month term. If after the 12month term you choose to utilise our service no longer, we’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.
We’ll own any intellectual property rights we’ve developed before or developed separately from this project and not paid for by you. We’ll own the unique combination of these elements that constitutes a complete design, and we’ll license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.


Payment schedule

We’re 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 payment schedule outlined on the pricing page of this website.

Hosting & Care Plans are pre-paid. We will deduct the subscription fee at the time you subscribe using the credit card details you have provided, and then automatically at the beginning of each subscription period until your subscription is canceled or terminated.

The subscription fee and subscription periods will be described in the subscription offer, and you can check these by clicking on “My Account”. It is your responsibility to provide valid credit card details and an email address and ensure those are kept up to date at all times. 

If we are unable to contact you or take payment for a subscription, we will retry for a maximum period of 14 days, after which time your subscription will be canceled, and we will be forced to recoup losses through a collection agency. We reserve the right to change the timing of our billing, particularly if your method of payment fails at any time.

We reserve the right to charge interest on all overdue debts at the rate of 10% per month or part of a month.


Displaying our work
We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and books.

We reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and books.
Client understands that any written statements, images, audio recordings, or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicising and promoting the Service Provider. Client authorises the Service Provider to use their name, brief biographical information, and the written or recorded statements.
If you would prefer to stay anonymous or if you prefer us to hold until you launch, please let us know and we would be happy to comply.


Development
We develop websites that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS. You’ll have one opportunity to review our work and provide feedback on a development site within the development stage of the project.
You will have a day to o review and give feedback on text,  images and colours. If you have not provided feedbacks within your Done for you Day, we will move on to the next project phase and launch your website.


Text content
For copywriting, all pages except the home page have a maximum word count of 500 words.
Text content must be supplied by you through the online form, we will endeavour to design the placing of the content appropriately for the website. However, we do not guarantee the quality of the content.


Graphics and photographs
You should supply graphic files in an editable, vector digital format. You should provide photos in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate.


Browser Testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
We test our work in current versions of major desktop browsers, including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera. We will not test in other older browsers unless we agreed separately. If you need an enhanced design for an older browser, we can provide a separate estimate for that.


HTML, CSS and JavaScript
We deliver pages developed from HTML mark-up, CSS stylesheets for styling and unobtrusive JavaScript for behaviours.


Mobile browser testing
Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our sites in:
iOS: Safari and Google Chrome
We will not test in Android: Google Chrome, Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.


Support
All subscriptions include access to support via the support portal. “Support” means the ability to make requests for technical support assistance via the support portal with reasonable efforts to respond within 2-3 business days.
The number of support requests will be determined by the subscription plan you have chosen, a “Support Ticket”  is a single request that requires Launch By Monday to alter, change or maintain your website over and above standard maintenance schedules. 

A support ticket may not require additional work in excess of 30 minutes in duration, if your website, through no fault of Launch By Monday, requires additional design or development that will exceed 30 minutes in duration, we will provide a separate estimate for this.

Technical Support
You may already have professional hosting and you might even manage that hosting in-house; if you do, great. If you don’t, we can set up an account for you at on one of our hosting servers.  Unless you are hosting your website with us,  we don’t offer support for website hosting, email or other services relating to your external hosting. We will set up your site on a server, then, the updates to, and management of that server will be up to you.  We can provide an estimate for this.

Third Party Plugin/Extension Licenses & Support for Websites
When developing your website it is likely we will need to utilise 3rd party plugins to achieve the desired functionality.

We maintain a library of premium plugin/extension licenses for use exclusively with our client projects. If a premium 3rd party plugin is required for your project is in our library, we will issue a license from our library. Lollipop Creative Studio owns the licenses for these plugins/extensions that we provide in a site build unless otherwise stated, until such time as we are no longer in business or that the license is no longer valid.

As long as you sign up with our care plan we will keep these premium plugins updated. If they are not in our care plan, it is your responsibility to obtain your own licenses. The existing project will remain intact but outdated software and plugin might affect your website’s load time, downtime and security without the updates. 

We will make every effort to offer support for any premium plugin/extension issued from our library. You understand that support for these plugins/extensions is provided via the plugin/extension developers, and as such, we are subject to their support response times when attempting to resolve plugin/extension related issues.

We do not provide additional website support beyond these premium plugins unless the client is actively on one of our WP hosting/care plans.


Search engine optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the pages that we develop are accessible to search engines. If you’d like us to work on increasing your ranking, we will provide a separate estimate for this.


Speed Optimisation
We will do everything to make sure your website functions at high speed with a GT-Metrix Score of C or higher. This involves image compression and resizing, caching of files and limiting server requests to increase load times.


Hosting
We work with a recommended website hosting company and therefore offer support for your website hosting, we’re not an IT service provider, so we don’t provide support for email or other services relating to hosting. We will host your website on our preferred hosting provider with ongoing support and maintenance.
Hosting is limited to your website and website content; no additional media will be hosted on the web servers. Maximum usage limits apply.


Domain
Access to the DNS of your domain is required for domain transfer and configuring where this points to.
If you do not have a domain, we can purchase one for you and you will be invoiced separately, you will need to make sure you notify us on the domain you would like and make sure it is available to purchase.


SSL Certificate

SSL certificate is allocated to your website only, no configuration of third-party servers, apps or web platforms.


CRM & Booking System Integrations
Our website CRM & Booking System integration products are created with the assumption that you will be setting this up on your own with our third-party plugin  system. We don’t customise or provide additional features from our booking platform, and provide this for our Launch By Monday customers as it is.