Terms & Conditions Web Design & Development
Below are Livid Rhino standard terms and conditions. It is vital that you (The Client) please take time to read through and ensure you fully understand these terms and conditions and their implications before you commence any project with Livid Rhino. Please also note that from time to time Livid Rhino may need to alter these terms and conditions without notice. Please contact us if you do not understand any of the terms and conditions in this document.
Commencement of Work
Agreement to work with, submission of statement-of-work and payment of a deposit (if applicable) to Livid Rhino constitutes agreement to these terms and conditions.
“The client” agrees to pay a 50% deposit of the quoted amount to commence any project, with the balance payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by “The Client,” this deposit is non-refundable. Livid Rhino endeavours to provide content and creative services that meet and exceed a client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by “The Client”, the initial 50% deposit is forfeited, plus a pro-rata payment based upon the time spent.
If the work time exceeds 4 calendar weeks in duration, “The Client” (if applicable) agrees to a progress payment of 50% of the balance per month until the conclusion of the project, with any outstanding amount payable in full upon delivery.
Work Case Studies & Design Samples
“The Client” agrees to allow Livid Rhino to showcase any/all work created in the course of a project as part of the Livid Rhino portfolio. Livid Rhino acknowledges the confidential nature of the projects and agrees to only display project work once product/service has been publicly launched.
Livid Rhino will first end an email to “The Client” requesting approval to do so. Under no circumstances, Livid Rhino will publish content without “The Client” consent.
Livid Rhino shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Livid Rhino. Including but not limited to war, natural disasters, strikes, lockouts, industrial disputes or unrest, shutdowns, pandemics, government lock downs, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.
Scope of Work
Livid Rhino may make any changes to the Scope of Work, design, materials or functionality of the deliverables or provision of the Services: (a) which are required to comply with any applicable legal or regulatory requirements; (b) are required or advisable to prevent the services and/or deliverables infringing third party rights, including Intellectual Property Rights; or (c) which in Livid Rhino’s reasonable opinion, do not materially affect the quality or performance of the Services.
If at any time “The Client” wishes to make any alterations to all or any part of the services including the Scope of Work, and/or Customer Materials and/or data then “The Client” will provide Livid Rhino with full written specifications of such alterations and with such further information as Livid Rhino may require.
Livid Rhino will either decline to undertake such alterations or will submit to “The Client” a quotation for such alterations specifying what change (if any) will be required to the services including fees and the deliverables.
Upon receipt of such quotation “The Client” will either (a) accept such quotation, in which case the services will be deemed to be amended accordingly; or (b) withdraw the proposed alterations in which case the agreement will continue in force unchanged.
Fees for Service
It is agreed that the fee for service shall be the cost estimates provided via email or other media, unless work undertaken exceeds the work outlined. If work undertaken exceeds the items specified in the quote, “The Client” agrees to pay appropriate fees for the excess work, outside the scope of the original agreement. “The Client” will be notified of increases in the scope of the project, a new statement-of-work will be issued and written approval must be obtained from “The Client” before new work commences.
Where Livid Rhino is supplied with Customer Materials or is requested to use specific material by the Customer when undertaking the Services:
- Livid Rhino will not be liable for any delay in or inability to perform the Services or for any additional costs incurred in the performance of the Services or for any defect or error in the Services or Deliverables or errors in or additional costs associated with their delivery to the extent that such delay, inability, costs, defect or error were caused by defects in or unsuitability of the Customer Materials or specified materials, or the Customer’s failure to supply the Customer Materials to Livid Rhino in the manner (including regarding format and method of delivery) directed by Livid Rhino, if being noted and agreed that Livid Rhino may not be able to identify defects in the Customer Materials or specified materials, or the unsuitable nature of the Customer Materials or specified materials until production has commenced, and where additional costs are incurred by Livid Rhino such costs shall be recoverable from the Customer.
- Livid Rhino may reject any of the Customer Materials or specified materials which in its opinion are unsuitable;
- Livid Rhino may, if the Customer Materials or specified materials are found to be unsuitable during production or have been supplied to Livid Rhino otherwise than in the manner (including regarding format and method of delivery) directed by Livid Rhino, charge the additional production costs incurred by Livid Rhino to the Customer after notifying, where possible, the Customer in writing of the unsuitability of the Customer Materials or specified materials; and
- Livid Rhino accepts no responsibility for imperfect work caused in or unsuitability of the Customer Materials or specified materials.
Legal Authorization for Publications
The Customer is responsible for obtaining, at its own cost, all necessary consents, clearances, and authorisations which may be required by all applicable law and any regulatory and other authorities or commercial providers in respect of its receipt of the Services and use of the Deliverables. In particular, the Customer agrees that it, and not Livid Rhino, is responsible for ensuring the use of the Customer’s own and any third party photographs, images, sounds and text in the Deliverables does not infringe third party Intellectual Property Rights, whether those third party materials are sourced by the Customer or by Livid Rhino on the Customer’s behalf.
This is defined as any work involving additions to the list of items defined in the Estimate of Services or changes to all pieces of finished work after sign-off by an authorised representative of “The Client”. From time to time “The Client” will require extra requirements during a project, or extra files upon completion of a project. The client will be informed that the alterations or changes requested fall outside the scope of the original statement-of-work. If the client wishes these alterations to be made, a new statement-of-work will be issued by Livid Rhino addressing the new requirements and the associated cost. Work can only commence once statement-of-work has been signed off.
Publication and/or release of work performed on behalf of the client by “Livid Rhino” may not take place before cleared funds have been received.
Any booking fees, delivery fees, design commencement fees, or progress payments are non-refundable once work has commenced if the contract is terminated by the client, after work has commenced.
Liability & Litigation
It is agreed that all work and materials provided for “The Client” by “Livid Rhino” will be free and clear of all liens and encumbrances and may be lawfully used by “The Client” without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.
It is agreed that “Livid Rhino” indemnify and hold “The Client” harmless from and against all claims for injury or death to persons or damage to property (including cost of litigation and legal fees) caused by, arising from or incidental to the services to be performed during the performance of the work outlined, except any such claims which are caused by the negligence of “The Client” or its employees, and it is agreed that we shall notify “The Client” in writing of full details of any such claim.
Under no circumstances shall Livid Rhino be liable to “The Client” for an indirect or consequential loss suffered by “The Client” relying on the information included in the supplies prepared by Livid Rhino including (without limitation) loss of profit, loss of contracts or pure economic loss. Any liability is strictly limited to the direct losses associated with remedial costs of the supplies only, not to include claims for delays, out of sequence working, non-productive overtime, an award of costs, etc. Liability to any third party for any reason is specifically excluded unless separately agreed in writing.
Approval of Final Work
While Livid Rhino takes all care to avoid errors, Livid Rhino accepts no responsibility for typographical errors, spelling mistakes, or incorrect information on any project committed to print or production. It is “The Client’s” responsibility to proofread and approve all final copy before the production of work. The email verification of the Client’s representative shall be conclusive as to the approval of all deliverables prior to their release for printing, implementation or installation. No refunds or reprints are given after a final approved deliverable has gone to print due oversights by “The Client’s” proofreading.
Livid Rhino retains full ownership of design concepts and materials it produces. Once a final concept is delivered to a client and full payment is received, complete ownership rights to the concept transfer to the client. Unused concepts remain the property of Livid Rhino. Livid Rhino may still use paid-for concepts in its promotional materials and in its design portfolio. Unless the client requests otherwise, Livid Rhino retains the right to display a small byline claiming design credit on works it produces, except for corporate stationery.
This granting of copyright does not extend to the use of design proposals and concepts submitted to but not approved for the work outlined. Until the final payment, Livid Rhino retains ownership of all the work produced. Livid Rhino reserve the rights to certain elements used to create your projects including RAW files, fonts, patterns, stock images, textures, colour palettes, and other non-exclusive items.
Livid Rhino reserve the right to use stock images in the creation of designs if required. Costs of this will be outlined to the client prior to purchase if not included in the proposal quote.
Other than for the promotional use of Livid Rhino all services provided shall be for the exclusive use of the client’s said purposes only. Designs may not be used for other promotional items, website or printed materials without permission. Upon payment of all invoices, reproduction rights for all approved final designs created by Livid Rhino shall be outlined in the Project Proposal. For additional usage, the price will be assessed as needed.
In accordance with the Australian Copyright Act (1968), ‘licensing of copyright is subject to a mutual agreement made between client and designer’. Copyright will remain property of Livid Rhino till such time an agreement is in place. As part of Livid Rhino terms of business, the copyright licence is automatically released to the client on receipt of the final payment for the commissioned work. Livid Rhino reserve the right to use all artwork produced, concepts produced in the course of the project (including those concepts not selected) and revisions for the purposes of promoting Livid Rhino in print or digital media portfolios, social media, and blogs, except where the client has specifically requested in writing otherwise.
This proposal assumes goodwill from both Livid Rhino and “The Client” regarding:
What can reasonably be achieved in a given time frame
Making the best use of resources to achieve the most effective outcomes
Resending Uploading Files
If a client loosed or accidentally deletes the files delivered by Livid Rhino upon completion of the project, Livid Rhino can re-upload to DropBox, Google Drive, etc for a fee of $200 per request (plus GST). Providing the request from the “Client” has been made within 2 years from the date of completion.
Livid Rhino will not archive projects older than 2 years from completion unless requested by “The Client” in which charges may apply.
Artwork on DVD or USB Drive
If any client artwork is required on CD/DVD, an administration fee of approximately – $100 plus courier/ postage will be payable.
From time to time circumstances beyond the control of either party may result in the need for project cancellation. In the event of the client cancelling a project after a project has commenced, the advance payment (deposit) will be forfeited in lieu of compensation to Livid Rhino. This is to cover design and administration time spent, resources purchased and allocated, research time and administration costs. If the project is more than 50% completed (this is determined by Livid Rhino and the client by negotiation) a pro-rata payment is payable for time spent up until cancellation notice, at an hourly rate of $200 per hour plus GST.
If a project is cancelled by Livid Rhino, due to unforeseen circumstances, the deposit will be refunded in full to the client in a timely manner.
In the event of cancellation of the project by the client, ownership of all copyrights and the original artwork and disks shall be returned and retained by the Livid Rhino.
Website design credit
“The Client” agrees to allow “Livid Rhino” to place a small credit on printed material exhibition displays, advertisements and/or a Livid Rhino on the “Client” website. This will be in the form of a small logo or line of text placed towards the bottom of the page.
“The Client” also agrees to allow “Livid Rhino” to place websites and other designs, along with a link to the client’s site on “Livid Rhino” own website for self-promotional purposes.
Website design post- completion alterations
Once web design is complete, “Livid Rhino” will provide the customer with the opportunity to review the resulting work. “Livid Rhino” will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to the placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to “Livid Rhino” by e-mail and confirmed by post. “Livid Rhino” will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period. An hourly fee after this time for tweaks and amendments is payable of $200 per hour plus GST if applicable.
It is agreed that employees of “Livid Rhino” shall not at any time either during the continuance of the work outlined or thereafter, except in the course of their duties, divulge any of the confidential affairs of “The Client” or any of its clients or associated companies to anyone whatsoever without the previous consent in writing of “The Client”.
Late payments & Default
Accounts that are not paid within 15 days will incur a late administration fee of $50 + GST. Accounts which remain outstanding for 30 days after the date of invoice will incur an additional late payment fee equivalent to 7% of the project costs for each week payment is outstanding.
An account shall be considered in default if it remains unpaid for 30 days from the date of invoice or “The Client” has stated expressly that they do not intend to pay an invoice by “Livid Rhino” unless prior arrangements have been made. “Livid Rhino” shall at its sole discretion suspend any and all services provided to “The Client” by “Livid Rhino” or its subsidiaries (including but not limited to research, findings, hosting, websites designed files, concepts, artwork, reports, insights, and email) and employ debt collection measures until the total outstanding balance has been fully paid. This includes any and all unpaid accounts due for services ordered, including, but not limited to design, hosting, domain registration, search engine submission, maintenance, subcontractors, printers, photographers and libraries plus bank interest calculated daily for each day payment is overdue.
Suspension of such services does not relieve the client of its obligation to pay the due amount. Files on external servers, such as hosted e-commerce solutions will be removed and held until payment is made or for 30 days until the client has paid for their invoices in full.
“The Client” whose account is in default agree to pay “Livid Rhino” reasonable legal expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.
“Livid Rhino” retains all copyright for work performed until full project costs have been paid. “Livid Rhino” reserves the right to reuse or resell work undertaken in the case of a payment default.
“Livid Rhino accepts no liability or responsibility for loss of income or damage to the client for work removed from third party servers, as a result of non-payment and “The Client” will not take legal action for any situation arising from invoice disputes or removal of the disputed work in such cases.
Amendments to these Terms and Conditions|
All and any amendments to the terms and conditions outlined in this submission must be provided in writing by “The Client“ and signed by an authorised representative of “Livid Rhino” prior to the commencement of the work outlined in this submission.
Freelance contractors and confidentiality
All contractors employed by “Livid Rhino” are held to a strict confidentiality and nondisclosure agreement. Contractors of “Livid Rhino” are also bound by a strictly enforced non-solicitation agreement for a period of 36 months after the conclusion of their work with “Livid Rhino”. If this was to be breached by the contractor “Livid Rhino” will take swift and preparatory measures to ensure “The Client” is made aware that the contractor in question is no longer a representative of “Livid Rhino” and acting independently.
Furthermore, the unlawful contractor will be prosecuted through legal channels to the full extent of the law in such cases.
“Livid Rhino” aims for the complete security of our clients and if we select contractors it is based upon previous work, references, and global checks with previous employers, as well as compliance with strict “Livid Rhino” guidelines of professional behaviour and ethics.
Research, insights, data, design, strategy, photography, TVC, illustration, writing and marketing are all highly creative and subjective art forms. As such “Livid Rhino” takes every possible care with professional advice offered and any suggested creative concepts and/or their implementation, however “Livid Rhino” cannot be held responsible for variations between expectation and outcome.
All information contained in our website is intended for general information purposes only. The information is provided by “Livid Rhino”. We try to keep the information up-to-date and ensure that it is correct, however, we make no warranties of any kind concerning the accuracy, completeness, suitability, reliability, or availability of the information contained in this website, or any products, services, links, or graphics that may be found on this website. Use this information at your own risk. “Livid Rhino” will not be held liable for any loss or damage, or loss of data from your use of this website, or in connection with this website. This includes indirect or consequential loss or damage. “Livid Rhino” has no control over websites that are linked to on this website.
Those third-party websites are under the control of their owners, and “Livid Rhino” will not be held liable for your use of those websites. By linking to these sites, we are not endorsing or recommending any information or views expressed in the content on those sites.