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Terms and Conditions

By accepting engaging START FACTORY PTY LTD for any and all work - you agree to all Terms and Conditions below. 

GENERAL

Terms and conditions aren't always the most exciting thing to read, so we'd like to apologise in advance for the boring bits below. If you don't feel like reading the below, know that it simply entails a list of "cover-our-butts" conditions. This is just in case there's some not-so-nice humans out there who wish to take advantage of the wonderful services we offer. Seeing as we strive to only work with incredible, intelligent, ethical and driven individuals - we don't think there will be any issues. But just in case, you should read below to make sure you know what you're signing.

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CONTACTING US

Here at Start Factory, we strongly believe in embracing creativity and optimising our work environment to reach that beautiful "flow" creative state every day. Did you know that when you're distracted by something it takes an average of TWENTY-THREE MINUTES to return to the task you were doing?! What a time-sink! Despite living in a notification-loving society - we long for the days of the 90's when you could leave the house without your phone and nobody panicked!

This is why you may notice we're not the type to immediately reply to our emails or messages. We keep our desktops and phones notification free - to empower our workers to enter a flow creative state - and stay there! We hope that you will understand our lack of reply when you see the beautiful, creative work we produce for you.

There may be a case however, where you need URGENT help with your website or technology. We do offer urgent help as a service, in this case, please give us a call or text on 0407 640 518, and we'll be sure to get back to you ASAP! Please refer to the below for more information.

If you've emailed us a week ago and we still haven't contacted you - please email us again! We know more than most that technology has a tendency to be unreliable, so we want to make sure you haven't been missed along the way. If you feel like your emails aren't getting through at all - please send us a text on the above number, indicating this.

URGENT WORK

If you are having problems with your website, social media accounts, Google my business, Email account or any other number of technology issues - we can help!

Please contact us on the number 0407 640 518 by either calling or texting, and explain what it is which you need urgent help with. This service is available during our business hours as stated on Google - however, feel free to contact us outside of these times, just in case we're available and ready to help. We cannot guarantee that we will always be available no matter what - as life happens - however we do promise to do our best!

Please note that our fee for this service is $300/hour. We know, it's a lot, however this fee means we are able to drop whatever we're doing at that point in time to help you. We may have to stop working on a lucrative quote for a new client, or perhaps as simply as quality time spent with our family. We think our time is valuable no matter what we're doing, and endorse a flexible lifestyle. This $300/hr fee makes it worth our while to help you out. Please call or text us directly on 0407 640 518 if you need urgent issues fixed. If you choose to email us an urgent issue instead of contacting us on the above number, we will still treat it as an urgent issue, and the fee will still apply, however you accept that there may be a delay in us getting to it, as we are not always watching our emails.

Please note that because of the nature of urgent work - we do not take the time to reply and check that you're happy with our urgent fee. It is our understanding that as soon as you become a client of ours - that you're aware of our urgent fees. This includes if you send us a text/email indicating/implying urgency - we will still drop everything to help out. We cannot be held accountable for charging our urgent fee when perhaps you didn't really mean "drop everything now" or similarly worded emails. We will however work with you, and our intuition, to determine whether or not the situation calls for urgent work.

HIGH QUALITY, LOW COST WORK versus HIGH QUALITY, HIGH COST WORK

You may have noticed our prices are rather affordable for the high quality work we produce. The way that we can continue to offer these prices is through our clients' understanding that if something is cheap as well as high quality, then it's going to take time. Although we aim to get your website or service to you in a timely manner, the sacrifice your are making with our cheap prices, and high quality work, is that if we are incredibly busy, your website or services may take some time. We're not here to muck you around though, and we think you'll be pleasantly surprised by how little time it takes us to create such incredible AND affordable outcomes.


If you need something completed quickly, we can always discuss a rush fee. As a reference the diagram above allows you to choose two of the three outcomes, if something is cheap and good, it takes longer, if it's good and fast, it costs more and so on.

In terms of social media content, because this matter is always timely, and needs to stick to monthly or weekly schedules, we only therefore offer high quality, high cost packages. Although we kill at social media, we understand if you'd like to go elsewhere for your social media management, yet would like to stay with us for other items. In fact, we encourage you to do this!

Hourly rate outside of quoted project price is $180/hr +GST, unless negotiated prior to completed work.

WEBSITE SPECIFICS

All new build websites include 1 round of basic changes once first full draft is submitted, unless otherwise stated.

It is a policy of Start Factory that the absolute maximum number of client changes is 4 - yes, even if you pay more. After this time we are no longer able to provide basic cosmetic changes based on client preference or ‘change of mind’. Legitimate changes are accepted however.

Additional paid plug ins required paid by client. These are usually very affordable, one-off payments. We try to let you know in advance which plugins are needed - however occasionally you may find that we need an extra plugin we had not previously thought of. In ALL cases - the cost of a plugin is to save you in the costs of us manually coding these elements of your website. We wouldn't be using the plugin if it didn't save time and money.

Ongoing management of plugins and subscriptions paid by client. Start Factory can manage this process on request for a small admin fee.

With the Divi theme and any pre-purchased website templates - please note that the licence is held by Start Factory. This may also be the case for a plugin - and is at our discretion to decide whether the account should stay with you, or with us, unless you've previously negotiated this. This is so that we can purchase the theme, templates or plugins in bulk, and pass the savings onto you. You will not have access to any updates from any of these services if you are no longer hosted by Start Factory. We reserve the right to cancel your Divi builder and/or any other theme/plugin/template API codes if you are no longer hosted by us. We cannot be held responsible for any errors which occur as a result of this.

Stock images and stock video footage is paid by client unless sourced from free stock image/footage sources. Quotes include our time spent to source these images/footage - as we believe this is key to delivering a high quality website. We would love to be able to credit the free source images/footage we use, however as a default we do not include this in the cost of your website.

We believe in helping artists wherever we can - so we'd encourage you to take us up on the small fee of $100/website to credit the work to its owner. This fee will only cover the first 10 images - however, we'll donate the next 10 images FOR FREE, and perhaps several more after that which we feel like we can take the time to do!

Ongoing website changes can be made available at a charge of $180/hour, for outside of scope changes. Your monthly website management fee includes 3 hours of support per month. This is to help update the website as it stands when we hand it over to you. This may be to change a bit of text here and there, or adjust a bit of code which is misbehaving. What this doesn't include is creating content for your website - including written copy or image creation.

Please note that your website does not include any SEO optimisation. We try to use key phrases and key words as we go along, and we use the Yoast SEO optimisation plugin, which helps to maximise your Google-friendliness. If you would like us to go through and add key words to all your images and elements, then please just let us know, and we'll quote you separately for this.

Should you require more frequent communication throughout the process outside of the project scope, this will be charged hourly. This includes time it will take us responding to frequent emails.

We can provide a hand-over session for your website, please ask us to include this in your quote if you require this. We choose not to include this from the outset, to keep prices low.

BRANDING/RE-BRANDING SERVICES SPECIFICS

We provide 1 round of revisions for all branding services, unless otherwise stated.

As a general rule of thumb - if you have signed up to a "branding package", this includes 3 font options and 3 colour combination options. The fonts will include a minimum of 1 font (used in differing ways) and a maximum of 3 differing fonts unless otherwise stated/discussed with us. The colour combinations are a combination of 5 colours only. Sometimes we will offer more - if we are having a creative day and felt like going all out. This is purely at our discretion though.

If you wish to have a few more colours or fonts thrown into the mix - please note that this will be an extra fee. It's difficult enough to colour-match 5 colours perfectly to each other, even 6 can be a stretch. If you come to us wanting 10 different colours and 5 different fonts - we're going to tell you to calm down. Your 5 different colours can be used at different transparency levels to give you a large selection of colours - so we would never recommend more than 5 unless there was specific need for it.

Your branding is likely to change over time, it may even change throughout the website process as we learn that certain colours just don't work for certain elements. We reserve the right to apply the colours in slight variations, and not have to re-do your entire branding guide because of this. Our branding guide is done by a graphic designer, so if you wish for these colours to be updated at any point in time, we're happy to arrange this at our hourly rate.

FACEBOOK ADS

As much as we believe that Facebook ads are an integral part of your business's path to success - we cannot be held accountable nor guarantee that they will always "work". We brandish ourselves as reliable folk here at Start Factory - however we can't always guarantee the same when it comes to the fickle world of advertising. We would STRONGLY encourage you to create an offer which people simply cannot refuse when it comes to your advertising campaign. If you choose not to, your ads are less likely to perform - no matter how much money you throw at them.

INTELLECTUAL PROPERTY 

All ownership of work completed by Start Factory rests with Start Factory until FULL payment has been received. Once Start Factory have received your final payment, you will own all visual elements that Start Factory has created for you, for the project. 

You guarantee that all elements of text, images or other artwork you provide are either owned by you, or that have you permission to use them.  

Start Factory is not responsible for any legal issues that may arise as a result of your images or content infringing on someone else’s intellectual property rights. 

You should supply graphic files and photographs in a high-resolution, appropriate digital format. 

If you choose to buy stock photographs, Start Factory is able to suggest stock libraries and purchase images at an additional cost to you. 

We reserve the right to display any work we have created for you in any and all of our marketing/advertising collateral on any of our platforms - including but not limited to our website and social media platforms. We have gone to great lengths to create beautiful work for you - we just want to show it off. We hope that you'll enjoy the free advertising for your business. If you wish for some or all of the work we do for you to remain private - this is fine, however, please note there will be an additional fee as we work this into our pricing.

If we have created written collateral for you such as a marketing plan, marketing collateral or general content - we reserve the right to maintain the IP for the information unless otherwise agreed upon. When writing blogs - we often come up with new and inventive ideas which set us apart from the crowd. The exact content we produced for you - remains yours. However, we reserve the right to re-write an article/content with the same concept and use it in our own marketing collateral, or in another client's. We're not in the business of duplicating work, so please do not be concerned. This is simply our way of saying if we have a great idea, we may use it a few times over the years.

If we have created a marketing plan or similar for you - we reserve the right to use this content for other clients. Marketing is something which all businesses should partake in, and just by writing it in your marketing plan, doesn't mean we won't suggest a similar approach to someone else. All suggestions and ideas remain the IP of Start Factory, unless otherwise agreed upon. We have a strong belief that ideas are fluid and designed to be as such. We don't intend to hold ideas at ransom, however, it's likely that over the years we may unknowingly repeat a similar concept to another client. Please know, we will do our utmost to make sure that those items which become "sacred" to your brand, remain solely with your brand. We have plenty of ideas, and any replication of such is likely to be accidental.

PRIVACY POLICY

Start Factory collects your personal and business information with your consent for the purpose of accessing your digital platforms with the intent to market your business, or help you with technical issues along the way. We will not use your personal or business information, nor share it with a third party for any other purpose.

The information we collect includes:

  • your personal details
  • email addresses
  • physical addresses
  • business details including ABN and ACN
  • passwords for various online platforms and software
  • on occasion access to your Stripe or Paypal account for set-up/tech help only (we do not manage your payment systems for you).
  • We create and access digital and social media accounts on your behalf and retain the login and password details until such time that we are no longer working together. Passwords you provide to us are stored in a secure online vault. Start Factory uses LastPass for this purpose.

    When we create a new account or change a password on your behalf, we share all login and password information with you. If you've lost this information, please ask us as we generally keep this information on hand, however please know after handing over a new password we are not legally obligated to keep track of it - we just do it because we're kind.

    On occasion we use Start Factory phone numbers or email addresses to verify accounts when logging in for the purposes of speeding up the project process. We ask for your help in this wherever possible, including marking our browser as safe so that we can easily access your account again if needed.

    Where credit card details are required we do not retain in our systems the credit card numbers, expiry dates nor CVV details from the back of the card. We do however use Stripe, which stores the details securely once you have put them in yourself. If we're using your credit card details for a service such as plugins which auto-renew annually, it is your responsibility to keep track of this, and give us at least a months warning if you wish to turn off the auto-renew. This also applies to your domain or website hosting with us, which is auto-renewed with our credit card details - you will still have to pay for this if you haven't given at least a months notice.

    Where necessary, our project team may include outsourced web specialists, content providers, graphic designers, and other professionals. Please note we will only add these individuals to your account if they are part of our most trusted circle of professionals - aka our usual developer Jay, our SEO guy Heath, our graphic designers Elise or Lauren and our social media expert Brianna. Mostly however, we have generic Start Factory accounts which we can use, which keep your account safe. If you feel safer and would like to request to work only with our Director, Meg, for these items, please just advise us as and we'll make this happen for you wherever possible.

    COST ESTIMATES AND CHARGES 

    Rates are confirmed in writing before work commences. By accepting the proposal, you are accepting the rates quoted. Quoted rates are an estimate and are subject to change. 

    Please note that any credit card fees or processing fees will be passed onto you, the client. In most cases we have included this in the cost of our services, however sometimes it may come out separately.

    Ongoing monthly rates will be reviewed after 12 months and may be subject to a change.

    Please note that our cheap prices are based on the fact that we hope that you will keep you website hosted with us for the first 6 months at least (12 months for SquareSpace websites). You can upgrade or down-grade your monthly amounts from hosting and management VERSUS hosting only. This is only relevant for WordPress websites.

    All ongoing monthly projects are invoiced and to be paid one month ahead of time. Payment must be made prior to work commencing. 

    Start Factory reserves the right to adjust project rates should the scope of the project change, or the amount of work required at our end.

    Should there be any new, foreseeable charges, Start Factory will notify you and obtain your permission before proceeding. Such additional charges will be billed in the next invoice.  

    Payment must be made within 7 days of invoice receipt, or within 7 days of accepted proposal. If you wish to adjust this timeframe, please let us know in advance - before signing this document and we will change the above clause to match your needs (and ours). Work will begin once we have confirmation of your payment either through our bank account or Stripe. If you are transferring the amount directly, we suggest taking a screenshot to show the amount has been transferred successfully, so that we can commence sooner.

    Start Factory reserves the right to suspend any websites or services should bills be outstanding beyond 60 days.

    We are committed to working closely with our clients to provide outstanding content and satisfactory – no, bedazzling! – outcomes. However, it’s worth noting that maximum changes and hours of work are written into our contracts. After the limit is reached, or unreasonable changes are requested, our “pain-in-the-arse client” tax kicks in. This means that hourly rates will be added to the work, ensuring our talented staff are appropriately compensated for their hard work. 

    While we understand sometimes cash flow can be difficult for small business', as a small business ourselves we are unable to carry costs for our clients - no matter how much we love them. This includes, but is not limited to cost of advertising, software purchased, and our own design and development fees. Therefore legal advice will be consulted should you negate to settle an outstanding account within 60 days of the invoice due date. After 60 days, we reserve the right to refer your case to a debt collector. Debt collection is a nasty business, so let's avoid this wherever possible - we can always offer payment plans if money has suddenly dried up.

    We understand that sometimes errors can occur when clients make changes to their website and we're always happy to help your repair your website. Please be aware that if you are using a platform other than WordPress, on our hosting platform, then you will not be able to "revert changes" back to what was previously there. Specifically we've noticed that SquareSpace can have issues with this, and we really want to guard you against "blowing up" you're whole website just because you wanted to change a colour here or there. Please learn from other's mistakes, in that the cost of us making minor changes to your website is a hell of a lot less than re-building your entire website over again. All extra work is charged on an hourly basis, unless you request a quote for a large amount of updates/changes, ahead of time.

    CANCELLATION POLICY 

    Should you decide to terminate a project during our contracted term, the full quoted cost of the project still applies. Please note that you do not have to have clicked "accept" on this document for this to still ring true. If we have heard back from you that you wish to go forward with the services you have selected, then you are liable for the entire payment.

    Should you choose to cancel a monthly service, a 30 day notice period applies. If you cancel within the first 5 days of a month you will not be charged further fees. Should you cancel after the 6th of the month, the following month’s fees will still apply. Please note that cancelling your monthly website management and hosting fees means that your website will no longer be live. Should you wish to download your website to keep, this will incur a $1000 fee.

    If you are on one of our 12 month plans, and wish to cancel, you will be required to payout the remainder of the contract IN FULL. If you have fallen upon desperate times - we are not monsters - please just email us to explain your situation and we'll work out a payment plan for the outstanding work.

    If you have asked us to pause your monthly subscription due to financial hardship - these amounts will still be due. Even after your 12 month contract is up - the outstanding amount will still remain, for you to settle with us. We are happy to negotiate the terms of your repayment, however you need to know that there may be a fee incurred to cover our administration costs.

    CONSEQUENCES OF WORK 

    Start Factory cannot guarantee that our work will always be error-free and therefore cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental consequential or special damages arising out of the operation of or inability to operate social media accounts, websites, emails or online profiles, even if you have advised me of the possibilities of such damages.  

    Start Factory cannot be held responsible for issues or errors that arise as a result of changes/additions made to websites or social media profiles, or database by someone other than ourselves and our nominated team. 

    Start Factory cannot and will not remain liable for any of our advice which you take, and does not end up turning out for the best. We live in a digital world, and what is great advice today, isn't always the best advice tomorrow. Our business consulting services are what we think is best - however it always pays to get a second opinion, and we'd encourage you to do so. If you want to pay 3 times as much for the same advice, then who are we to stop you?

    In the rare case that you should have a disagreement with one of our team members, perhaps over pricing, expected outcomes or due date - then there are a few things you should be aware of. Firstly, we know that in any disagreement, most of the time both parties are a little bit right, and a little bit wrong. We will endeavour to find a middle ground where both parties can come to an agreement - by engaging us for work, you are promising to do the same. If a middle ground cannot be met, then a non-partial third party will be employed to work out the differences, at the expense to both parties (halved).

    We also just wanted to mention that we are indeed human. Although we think we're pretty perfect, we have to admit that there is a super small chance we might get it wrong one of these days. If we do happen to make a mistake with your work, or with how much we've quoted for your work, then we know you may be a bit cranky. What we wish to ask for is that you wait until your boiling blood has fizzled to a gentle simmer before penning an email or calling us. We promise that we will endeavour to do the same, and then we can all address the issue calmly. Please know that if we do stuff up, we aim to be self-aware when it comes to admitting fault, and we always aim to resolve the issue wherever possible. We intend on treating you with respect, and we genuinely want you to walk away from your experience with a smile on your face. So let's agree now to treating each other with kindness and respect no matter the issues which come up.

    These terms and conditions are subject to change without notice. Any changes that do occur we will do our best to inform you, however are not liable to do so. You can request the current terms and conditions at any point in time from admin@startfactory.com.au