Terms and conditions for John Dobie Design covering client services, revision rounds, payment terms, intellectual property, portfolio use, and website use.
Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and John Dobie Design concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Intellectual Property Rights
Unless otherwise indicated, the Site is the proprietary property of John Dobie Design, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by John Dobie Design or licensed to John Dobie Design, and are protected by applicable copyright, trademark, and intellectual property laws.
The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without prior written permission from John Dobie Design.
User Representations
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and complete
- You will maintain the accuracy of such information and promptly update such registration information as necessary
- You have the legal capacity and you agree to comply with these Terms and Conditions
- You are not a minor in the jurisdiction in which you reside
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise
- You will not use the Site for any illegal or unauthorized purpose
- Your use of the Site will not violate any applicable law or regulation
Services
Client services may include, but are not limited to:
All services are subject to standard terms of service and project agreements. Specific deliverables, timelines, and pricing will be outlined in individual project proposals and contracts.
- Website Design and Development
- Branding and Identity Design
- Print and Collateral Design
- User Experience (UX) Design
- Website Maintenance and Ongoing Support
Project Work, Ownership, and Portfolio Use
Unless otherwise agreed in writing, all concepts, drafts, working files, and deliverables created by John Dobie Design remain the intellectual property of John Dobie Design until the full project fee and any outstanding invoices for the project have been paid in full.
No rights, title, or licence in the work transfer to the client until full payment has been received. Once the full project fee has been paid, the client may use the final approved deliverables for the agreed project purpose, unless otherwise stated in writing.
John Dobie Design may display completed or approved project work in portfolios, case studies, social media, award submissions, and other self-promotional materials unless otherwise agreed in writing.
Standard Terms
Payments
A 50% deposit is required before commencement, with the remaining balance due prior to launch.
Content Requirements
All required content, including copy, imagery and brand assets, must be supplied before the project begins. Copywriting can be arranged as an additional service and should be completed before development starts.
Website Maintenance
Ongoing maintenance is recommended to support performance, security and content updates. The Business Website package includes 3 months of standard maintenance.
Payment Methods
Payment is accepted via bank transfer, credit card, and approved digital payment platforms. All payments are processed securely through encrypted channels.
Late Payments
Late payments may be subject to a fee of 1.5% per month on any outstanding balance. John Dobie Design reserves the right to pause or terminate work on projects with overdue payments. Any fees, charges, or third-party services reasonably required to recover an outstanding balance will be added to the original project fee and remain payable by the client.
Refund Policy
Due to the custom nature of these services, deposits are non-refundable once work has commenced. Refunds for completed work are evaluated on a case-by-case basis and are at the sole discretion of John Dobie Design. If the work does not meet expectations, please get in touch to discuss potential solutions.
Project Revisions
Revision and refinement rounds are included as stated in the selected package or project proposal.
Each revision round covers a reasonable amount of consolidated changes that stay within the agreed scope of work.
Revision rounds beyond the included amount, or requests that materially expand the agreed scope, will be billed at John Dobie Design's hourly rate. Major scope changes may also require an updated proposal or variation.
Prohibited Activities
You may not access or use the Site for any purpose other than that for which the Site is made available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by John Dobie Design. Prohibited activities include:
- Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users
- Use the Site to advertise or offer to sell goods and services without permission from John Dobie Design
- Circumvent, disable, or otherwise interfere with security-related features of the Site
- Engage in unauthorized framing of or linking to the Site
- Trick, defraud, or mislead John Dobie Design and other users
- Make improper use of support services or submit false reports of abuse or misconduct
- Engage in any automated use of the system
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
- Attempt to impersonate another user or person or use the username of another user
- Use any information obtained from the Site to harass, abuse, or harm another person
Limitation of Liability
In no event will John Dobie Design or its directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site, even if John Dobie Design has been advised of the possibility of such damages.
Indemnification
You agree to defend, indemnify, and hold John Dobie Design harmless, including its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms and Conditions; (4) any breach of your representations and warranties set forth in these Terms and Conditions; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Termination
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms and Conditions, John Dobie Design reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation.
Modifications and Interruptions
John Dobie Design reserves the right to change, modify, or remove the contents of the Site at any time or for any reason at its sole discretion without notice. However, there is no obligation to update any information on the Site. John Dobie Design also reserves the right to modify or discontinue all or part of the Site without notice at any time.
John Dobie Design will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. The Site cannot be guaranteed to be available at all times. Hardware, software, or other problems, as well as maintenance related to the Site, may result in interruptions, delays, or errors.
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws applicable in the jurisdiction in which John Dobie Design operates, without regard to its conflict of law principles.
Dispute Resolution
Any legal action of whatever nature brought by either you or John Dobie Design shall be commenced or prosecuted in the state and federal courts located in the applicable jurisdiction, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. John Dobie Design reserves the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
The Site is provided on an "as-is" and "as-available" basis. You agree that your use of the Site and these services will be at your sole risk. To the fullest extent permitted by law, John Dobie Design disclaims all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Changes to Terms
John Dobie Design reserves the right, at its sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material, reasonable efforts will be made to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of John Dobie Design. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised terms.
Contact
If you have any questions about these Terms and Conditions, please get in touch:
John Dobie Design
Email: [email protected]
Location: Sydney, Australia