Terms of Service

These Terms of Service ("Terms") govern your use of the Studio Slate website (studioslate.com.au) and any web design, development, or related services ("Services") provided by Studio Slate ABN 52 202 079 312 ("we", "us", "our").

By accessing our website or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use our website or Services.

1. Our Services

1.1 What We Do

Studio Slate provides web design and development services, including but not limited to:

• Custom website design and development
• Website migrations (from platforms such as Wix, WordPress, Squarespace)
• Web application development
• Ongoing website maintenance and support
• Search engine optimisation (SEO)
• Related digital services as agreed

1.2 Service Packages

We offer tiered service packages (Presence, Performance, Platform) with defined scope and deliverables. The specific inclusions for your project will be detailed in your proposal and accepted quote.

1.3 Service Limitations

Our Services do not include legal advice, financial advice, content creation (unless quoted separately), photography, videography, or third-party software licensing (such as stock images, fonts, or plugins not included in your package).

2. Engagement and Proposals

2.1 Proposals

Following an initial consultation, we will provide a written proposal outlining:

• Scope of work and deliverables
• Project timeline and milestones
• Pricing and payment schedule
• Any specific terms or conditions

2.2 Acceptance

A binding agreement is formed when you accept our proposal in writing (including email) and pay the required deposit. The proposal, these Terms, and our Privacy Policy together form the complete agreement between us.

2.3 Changes to Scope

Any changes to the agreed scope must be requested in writing. We will provide a change order with revised pricing and timeline. Additional work will not commence until the change order is accepted.

3. Payment Terms

3.1 Deposit

A non-refundable deposit of 50% of the project fee is required to commence work. This deposit secures your project in our schedule and covers initial design and development work.

3.2 Progress Payments

For larger projects, progress payments may be scheduled at agreed milestones. Payment schedules will be specified in your proposal.

3.3 Final Payment

The remaining balance is due prior to project launch or handover. We will not deploy a website to a live environment or transfer ownership until final payment is received.

3.4 Payment Methods

We accept payment via bank transfer (EFT) or credit card. Payment terms are 7 days from invoice date unless otherwise agreed.

3.5 Late Payment

Invoices overdue by more than 14 days may incur interest at the rate of 2% per month on the outstanding amount. We reserve the right to suspend work on overdue accounts.

3.6 GST

All prices are quoted in Australian dollars (AUD) and are exclusive of GST unless otherwise stated. GST will be added to all invoices where applicable.

4. Your Responsibilities

To enable us to deliver your project on time, you agree to:

• Provide all required content, images, logos, and brand materials in a timely manner
• Provide access to existing hosting, domain, or third-party accounts as needed
• Respond to requests for feedback or approval within 5 business days (or as agreed)
• Designate a single point of contact with authority to make decisions and provide approvals
• Ensure all content you provide is accurate, does not infringe third-party rights, and complies with applicable laws

Delays caused by late provision of materials or feedback may impact project timelines.

5. Intellectual Property

5.1 Your Content

You retain ownership of all content, images, logos, and materials you provide to us. You grant us a licence to use these materials solely for the purpose of delivering your project.

5.2 Our Work

Upon receipt of final payment, we assign to you all intellectual property rights in the custom design and code created specifically for your project. You will own your website outright.

5.3 Third-Party Components

Your website may include open-source software, frameworks, or third-party tools (such as Next.js, Tailwind CSS, or libraries). These remain subject to their original licences, which are typically permissive for commercial use.

5.4 Studio Slate Tools

We retain ownership of our proprietary development tools, templates, and methodologies ("Slate Architecture"). You receive a perpetual licence to use any such tools included in your delivered project.

5.5 Portfolio Rights

We may feature your completed project in our portfolio, case studies, and marketing materials unless you notify us in writing that you prefer confidentiality.

6. Project Delivery

6.1 Timelines

Estimated timelines are provided in good faith based on the scope at proposal stage. Timelines may be affected by scope changes, delayed feedback, or late content delivery.

6.2 Revisions

Our packages include a reasonable number of revision rounds during the design phase, as specified in your proposal. Additional revisions or changes after design approval may be quoted separately.

6.3 Acceptance

Upon completion, we will present the project for your review. You will have 7 days to identify any issues. If no issues are raised within this period, the project is deemed accepted.

6.4 Launch

We will deploy your website to the agreed hosting environment upon final payment and acceptance. Domain configuration and DNS propagation may take up to 48 hours.

7. Warranties and Guarantees

7.1 Our Guarantees

We stand behind our work with the following guarantees:

• Performance Guarantee: We aim for 90+ on Google PageSpeed Insights for Performance, Accessibility, Best Practices, and SEO
• Satisfaction Guarantee: Unlimited design revisions during the design phase until you are satisfied
• Delivery Guarantee: If we miss an agreed deadline due to our fault, your first month of retainer is free

7.2 Warranty Period

We provide a 30-day warranty from launch date for bug fixes relating to functionality we developed. This does not cover issues arising from your modifications, third-party software, hosting problems, or changes to external APIs.

7.3 No Other Warranties

Except as expressly stated, we make no warranties regarding specific business outcomes, search engine rankings, lead generation, or revenue results. Website performance depends on many factors beyond our control.

8. Limitation of Liability

8.1 Cap on Liability

To the maximum extent permitted by law, our total liability for any claim arising from or related to our Services is limited to the fees actually paid by you for the specific Services giving rise to the claim.

8.2 Exclusion of Consequential Damages

We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, even if advised of the possibility of such damages.

8.3 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) or any other applicable law that cannot be excluded.

9. Indemnification

You agree to indemnify and hold harmless Studio Slate from any claims, losses, damages, or expenses (including reasonable legal fees) arising from:

• Content you provide that infringes third-party rights
• Your breach of these Terms
• Your use of the delivered website after handover
• Any claims by third parties relating to your business operations

10. Termination

10.1 Termination by You

You may terminate the engagement by providing written notice. You will be responsible for payment of all work completed to the termination date. The deposit is non-refundable.

10.2 Termination by Us

We may terminate the engagement if:

• Payment is overdue by more than 30 days
• You breach these Terms and fail to remedy within 14 days of notice
• Continuing the project would require us to act unlawfully or unethically

10.3 Effect of Termination

Upon termination, we will provide any completed deliverables for which payment has been received. Incomplete work remains our property until paid for.

11. Retainer Services

11.1 Monthly Retainers

Retainer services are billed monthly in advance. Each tier includes specified hours and services as detailed in your retainer agreement.

11.2 Unused Hours

Unused hours do not roll over to subsequent months. Additional hours beyond your allocation will be quoted separately.

11.3 Retainer Cancellation

Either party may cancel a retainer with 30 days written notice. There is no penalty for cancellation.

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the engagement. This obligation survives termination and does not apply to information that is publicly available or independently developed.

13. Dispute Resolution

13.1 Good Faith Negotiation

If a dispute arises, both parties agree to first attempt to resolve it through good faith negotiation for at least 14 days.

13.2 Mediation

If negotiation fails, either party may refer the dispute to mediation administered by a mediator agreed upon by both parties or, failing agreement, appointed by the Resolution Institute.

13.3 Litigation

If mediation does not resolve the dispute within 30 days, either party may pursue litigation in accordance with Section 14.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts of appeal from them.

15. Website Use

15.1 Permitted Use

Our website and tools (such as the Mockup Generator and Site Audit) are provided for legitimate business enquiries and evaluation purposes.

15.2 Prohibited Conduct

You must not:

• Use our website or tools for any unlawful purpose
• Attempt to interfere with, disrupt, or gain unauthorised access to our systems
• Scrape, harvest, or collect data from our website through automated means
• Submit false, misleading, or fraudulent information through our forms
• Use our AI-powered tools to generate harmful, offensive, or unlawful content

15.3 AI-Generated Content

Our Mockup Generator uses AI to create preview designs. These mockups are for demonstration purposes only and may not reflect the final delivered product. Mockup images are provided "as is" without warranty.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any accepted proposal, constitute the entire agreement and supersede all prior discussions or representations.

16.2 Amendments

We may update these Terms from time to time. The current version will always be available on our website. Material changes will be communicated to active clients.

16.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force.

16.4 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

16.5 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights to a successor or affiliate.

17. Contact Us

If you have questions about these Terms, please contact us: