These terms and conditions are the contract between you and Steep Digital (“us”, “we”, “Steep Digital” etc). By visiting or using our website, signing up or purchasing any of our products or services, you agree to be bound by the Terms and Conditions outlined on this page.
MOELLER, MARC BASTIAN – Trading as Steep Digital, registered in Western Australia, ABN 92 638 576 045.
Our address is 12 Gaby Way, Marangaroo WA 6064
You are: Anyone who uses Our Website or buys any Service from us.
Under 18 years? Sorry, but we deal only with people who are legally able to enter into a binding contract. Please ask someone over 18 to use our website and/or purchase products/services on your behalf.
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website and stop using the site and/or our Services immediately.
Website Design & Development Services
Web Design Project stages:
1. Client Questionnaire
To provide a meaningful proposal or quote we need to know the exact features, content and goals you want to achieve with your new website. This will be communicated via the questionnaire.
We provide a quote for your web design project.
3. Initial Deposit (50%)
Upon acceptance a of the quote a 50% deposit will fall due.
4. Content Map
We work with you to establish an exact plan of what content (pages, text, images) should be on your new website.
Getting clarity around your content will make the design process much more effective. Design should support your content and website goals, not the other way around.
5. Content delivery & Approval
If a copywriting service is included in the quote, we will present you with your text content and you can approve content page by page.
If you did not order a copywriting service, then you will have to provide the content (text) for your website. We will supply you with a template for each page (Google docs online document).
This stage is most common to be delayed, as clients require additional time to create content. As your web design project can’t progress without content for your website, we ask that you either consider hiring our copywriting services or only start the web design project once your text content is available. There is no point making a deposit today only to supply your text content 6 months later.
6. Website design in a graphic design tool (Photoshop)
Based on the supplied content and images, we will create a website design in a graphic design tool. Included revisions will depend on the complexity of your project. By designing your website as a graphic first, we make sure that you are totally in love with the way your site will look, before we start writing any programming code.
7. Approval of design (25% milestone payment)
Once you in love with your website design you will give us approval to go ahead and program your website based on this design. You accept that at this point any feature or design changes will incur and additional fee, as we would have started the development phase. Payment of the second milestone (25% of total) is due upong approval of your design.
8. Website development (programming/coding)
We will develop your website to look as close as possible to the graphic design. We write our code to be as efficient and safe as possible. Ensuring fast loading speeds and good security.
9. Approval of development work (25% milestone payment)
Once your website development is finished, we upload your website to a test server where you can preview your website. After some bug fixes and final revisions you can approve the development stage. At this point the final payment (25%) is due and we will move your website to your live domain name. For any delays caused by the client due to a delayed provision of content or delayed feedback on the design or programming work our terms regarding delays kick in.
Your website is online! We are genuinely excited with every website we launch.
T&C’s are just something we have to have and we don’t let it take the fun out of the creative process.
Project Commencing Date – Steep Digital considers your project as active on receipt of full deposit being paid via any of the methods outlined on the invoice, along with the completion of the project booking form and subsequently agreeing to the following terms and conditions. Completion times are generally within 4-6 weeks providing the client has supplied all images, written content and other media to be used in the site, however this time frame cannot be guaranteed. During the design process the client will need to respond to additional content and feedback requests and as such Steep Digital cannot be held accountable for delays in completion should the client be slow to respond to these communications.
Design – Steep Digital will design the website in accordance with the package chosen. Design work above and beyond the brief or that varies from original content structure supplied by the client and within supplied quote may be requested at an additional charge. Steep Digital will accept minor design changes to the project before it is published. Minor design changes will not include navigation structure changes, page reconstruction, logo re-design, animation re-design or any other major website features that form part of the design specifications. Minor changes may include colour changes, text or title re-design or image placement.
Content – It is the client’s sole responsibility to provide all content (text and images) for the website package they have chosen. Steep Digital can provide the services of a professional copywriter if required at an additional cost. Stock images can also be provided at an additional cost if required. Steep Digital is not responsible for the images and content published on the website. Please read our terms below on images, ownership copyrights and trademarks. Steep Digital aims to complete a high-quality design for their customers at a reasonable price. To ensure we can provide best service to our customers, we expect that the customers provide appropriate and definite information for all the design work. While our designs will accommodate any change requests during the designing process, we may however, need to charge for any rework that may go beyond the prescribed designing hours for each design package.
Images and media – Please see details following on Copyright & Trademarks, and Ownership. All images used within a website or print document must comply with Australian copyright regulations.
The following is applicable to all website designs that include stock images provided by Steep Digital: Steep Digital purchases stock images that are provided with either a standard or extended license agreement. This license agreement gives Steep Digital the authority to use the image without infringing on any copyright, moral right, trademark or other intellectual property right or violate any right of privacy or publicity. The license agreement is not transferable and does not allow Steep Digital to give the images away. Should the client transfer the website to another designer, or hosting provider, or cease to continue using the services of Steep Digital for any reason, the client will be required to purchase all stock images with the license agreement.
A standard license is generally included in the purchase price of most stock images giving the owner the right to use the image on the web only. Should any image be required for printing, a higher resolution image will need to be purchased at an additional cost, and in some cases the extended license will need to be purchased which gives authority to print large quantities.
Photo Galleries –The following is applicable to all of our website packages that include a photo gallery: Steep Digital will design the initial photo gallery and upload no more than the number of images stipulated in your quote. The client is responsible for supplying all images for the galleries in correct format, size and compression (instructions for image specifications will be provided). If the specification instructions provided are not followed, Steep Digital will not be held accountable for less than desirable results. Steep Digital will not provide software and/or tutorials on how to edit the images accordingly but can provide a photo editing service for an additional fee if required.
Compatibility – While Steep Digital will make reasonable efforts to design a cross-platform compatible website, compatibility with all browsers is not guaranteed. There may be 3rd party components such as SSL certificates, plugins, scripts etc. involved in building your website. Although Steep Digital will make reasonable efforts to ensure suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control.
Paid Plugins, Themes and other 3rd party costs – If any 3rd party components are required to build your website, initial costs will either be included in the quote or it will be communicated to the client that they will be required to pay for it themselves. When developer versions of paid plugins are available this will be installed by Steep Digital free of charge however, developer versions do not come with automatic updates or support. Updates for these plugins will either have to be performed by Steep Digital or the client can purchase their own licence(s) in order to gain access to updates. If no developer version is available for any required paid plugins a fully licenced version will be purchased. If this is done by Steep Digital on behalf of the client, future renewals will be the responsibility of the client and Steep Digital’s responsibility will cease when the first subscription period has concluded.
If a paid theme is used, it will be purchased via Steep Digital’s account who will have access to updates and support for the term specified by the theme developers. When possible, a plugin will be installed and an API set-up so the client will continue to have access to theme updates via Steep Digital’s account. We will only guarantee this API integration for 6 months from the commencement date of your web design project. Continued use may extend beyond this time when possible but Steep Digital is only obligated to provide it for the aforementioned 6 month period. Should the integration be terminated after this time, it is the client’s responsibility to purchase their own licence for the theme in question.
Once the website is complete and handed over to the client, any on-going 3rd party costs are the sole responsibility of the client.
Designer Delays: Steep Digital shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. Steep Digital may extend the due date for any Deliverable by giving written notice to the Client. The total of all extensions shall not exceed  days.
Client Delays: Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by the Client will result in a day-for-day extension of the due date for all Deliverables. Unless otherwise expressly agreed, it is the client’s responsibility to provide all content (written copy, images, videos etc.) in order to create the website. This must be supplied within a reasonable time-frame, ideally within 2-4 weeks of project commencement. Delays in supplying all content required to complete the site will result in the development being put on hold. Should the project reach the 6 month mark the original quoted price will no longer be valid and should the client wish to continue a new quote will be required which the client can either accept or reject. If rejected, our cancellation and refund policies (see below) apply.
General Delays: Any delay caused be conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of God, labour disputes, riots, acts of war, terrorism and epidemics.
Proofing Stage – Once the website has reached proofing stage, the client must respond with any feedback and/or change requests within a two week period to avoid delays in the client’s and other websites currently being developed by Steep Digital being published. If the client fails to provide any feedback and/or change requests during this time, the project will be considered complete and handed over to the client as is. The client can request more time if needed but a $50/week administration fee to keep the project active will apply for each additional week requested.
Project Delivery – The website will be developed and published to the client’s allocated domain name and hosting account. Interpretation by Steep Digital of the design specification will be final. Once the project has been published on the client’s specified domain and hosting account the website is considered to be live and published designating the end of the design project. It is the Clients sole responsibility to finalise content for the website. Steep Digital is not responsible for unfinished pages after publication, additional design works after publication will incur a $60 per hour fee. The client also gives permission for a credit link to be included in the footer of the site.
Steep Digital will aim to customise your design to the maximum extent and in keeping with your business branding, profile, logos, commentary, colour themes and images etc. Steep Digital will provide regular communication via email throughout the entire design process.
Right to Service – Steep Digital reserves the right to refuse service, especially if the requests are not aligned with our business operating principles and policies, or are outside of the general scope and design style of Steep Digital.
Indemnity – You will indemnify and hold Steep Digital, its licensors, content providers, service providers, employees, agents, officers, directors and contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms and Conditions or any other terms, conditions, policies or procedures contained on the web site, including, without limitation, any use of content other than as expressly authorised in these Terms and Conditions. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Web site.
Severability – The provisions of these Terms and Conditions may be exercised and are applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render these Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of these Terms and Conditions are held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions thereof shall apply with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Waiver – No failure or delay on the part of Steep Digital to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by Steep Digital preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by Steep Digital to any breach of or default in any of these Terms and Conditions shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
This Agreement – This agreement constitutes the sole agreement between Steep Digital and the client regarding the project. Any additional work not specified in the design specification or any other amendment or modification to the package must be authorized by a written request signed by both client and Steep Digital. Unless otherwise stated all prices specified are quoted in Australian Dollars and attract goods and services tax (GST).
Legal Notice – Notwithstanding anything to the contrary contained in this contract, neither Steep Digital nor any of its employees warrant that the functions contained in the service will be error-free. The entire risk as to the quality and performance of the service is with the client. The client agrees to defend, indemnify and hold Steep Digital harmless from any and all liability, proceedings, actions, loss, damages or claims or other events, which may arise from the service and that such indemnity survives termination of this contract. In the event of an act of major catastrophe such as theft, terrorism, earthquake, riot, civil disorder, flood, fire, storm or other major disaster Steep Digital reserves the right to suspend all its obligations under this contract or void the contract at its option. In any event the client fully agrees that Steep Digital’s maximum liability will be limited to the fees actually paid by the client to Steep Digital less any reasonable costs incurred to date. This contract is governed by the laws in force in the state of Western Australia in the Commonwealth of Australia.
Website Maintenance & Support – Steep Digital will provide free maintenance/updates and technical support for one month ONLY after the website has been published. After this time, any additional work and/or support is billable. Additional fees apply for any site maintenance or extra design work, subject to acceptance. A full quotation will be provided before any design or maintenance works commence.
Responsibility after Publication – After publication and/or once the support period has expired, Steep Digital will not perform or store backup sets of your website. It is the client’s sole responsibility to perform and store backups of their own website files and databases. Steep Digital will also no longer store the website files used to create the site. These files will be provided to the client in a zip folder at which point it is their responsibility to store. Steep Digital will not be held responsible for any loss of valuable files or data due to server malfunctions, account user interference, intentional or unintentional misuse or any external interference such as hacking. Once the website has been installed and published, Steep Digital is not responsible for any future content, changes or technical problems that may result from updates made by the website owner or any other party. Client accepts full responsibility and absolves Steep Digital from any responsibility for the website after publication.
Ownership – Unless advised otherwise, the person or legal entity who purchased the design package is the exclusive owner of the website design content which includes the uploaded files that are stored within the allocated web server providing full payment has been received. This does not include: any code source files, any original stock images, any photoshop (.psd), illustrator (.eps or .ai), inDesign (.indd), or any flash (.fla) source files – these original source files remain the property of Steep Digital.
Copyrights and Trademarks – Steep Digital is not responsible for the images and content published on the designed websites. It is the client’s responsibility to ensure that all images, fonts and content published on their website conform to the Copyright Act 1968 . If any of the images and content are not lawfully owned or licensed by the website owner, explicit permission to use them must be obtained by the client.
Hosting – If we provide hosting services for the Website, those hosting services are governed by our Hosting Terms and Conditions which can be found on our website.
Website Design & Development Project Cancellations & Refunds – Either party may terminate the project at any time upon giving written notice to the other via email or registered post. In the event of termination, all indemnities shall continue. The deposit payment and any milestone payments already received are non-refundable in all circumstances and additional payment may be required in the amount of a prorated portion of the total fees due to compensate for all hours expended on the project up to the date of termination.
Cancellation of a design agreement, ceasing to continue with services provided by Steep Digital, or failure to make payment releases the client of any ownership rights.