T&C’s 2025
1. STANDARD TERMS AND CONDITIONS
These terms apply to all contracts and work undertaken by Floreo for its clients, including but not limited to website design and development, brand concepts, graphic design, workshops, upskilling, and private lessons.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the work. The remaining 50% shall be due in increments at set Goal Marks, subject to the terms of the “Approval of Work” and “Rejected Work” clauses.
We reserve the right not to commence any work until the deposit is paid in full. The deposit is non-refundable unless we have not fulfilled our obligations to deliver the work under the agreement, or if work has not commenced. It is also non-refundable if the client terminates the contract through no fault of ours or if the client has been repeatedly unresponsive or abusive over a period of 3 months.
3. SUPPLY OF MATERIALS
You must provide all materials and information required for us to complete the work as per the agreed specifications. Delays in delivering materials will lead to delays in the work, and deadlines may be extended accordingly.
A grace period of 3 months will typically be allowed. If materials are not provided and work is delayed, we reserve the right to invoice for completed work.
4. VARIATIONS
Design revisions are welcome, but we reserve the right to limit the number of design proposals to a reasonable amount. Additional designs beyond the original specification may incur a charge of $100 per hour. If the scope of the work changes, the same hourly rate applies to additional hours needed.
5. PROJECT DELAYS AND CLIENT LIABILITY
Project timelines depend on your full cooperation, including the provision of timely feedback and content. We require a single point of contact on your side for efficient communication.
Delays caused by the client (e.g., failure to provide content or approval) may lead to a restart fee or other charges as outlined.
6. APPROVAL OF WORK
Upon completion, you will have 7 days to review the work. Any unsatisfactory points must be notified in writing within 7 days. Work not reported as unsatisfactory within this period will be deemed approved.
Once approved, no further revisions can be made without additional charges.
7. REJECTED WORK
If you reject the work within the review period, or if subsequent work to remedy issues is rejected without reasonable cause, we may terminate the contract and recover payment for the work completed.
8. PAYMENT
The balance due upon project completion will be invoiced after the 7-day review period. Any outstanding amounts must be paid within 14 days of the invoice date.
9. INTELLECTUAL PROPERTY RIGHTS
You warrant that you have obtained all necessary permissions for the use of any materials provided to us (e.g., copy, logos, images). You indemnify us against any legal claims related to your provided content.
10. LICENSING
Upon full payment, we grant you a license to use the completed website, designs, and related software for the life of the website.
11. SEARCH ENGINE OPTIMIZATION (SEO)
We do not guarantee any specific search engine rankings. Basic SEO will be implemented according to best practices, but ongoing SEO efforts may require separate agreements.
12. CONSEQUENTIAL LOSS
We are not liable for any loss resulting from delays, errors, or completion issues, except in cases of negligence on our part.
13. DISCLAIMER
To the extent allowed by law, we disclaim any other warranties or conditions, either express or implied, including but not limited to implied warranties of fitness for a particular purpose.
14. SUBCONTRACTING
We reserve the right to subcontract any part of the services as needed, but remain responsible for the quality of the work performed.
15. NON-DISCLOSURE
We agree not to disclose your confidential information to third parties, except as necessary to perform our services or as required by law.
16. ADDITIONAL EXPENSES
You agree to reimburse us for any expenses not included in the original proposal (e.g., stock photos, software, fonts, domain registration).
17. BACKUPS
You are responsible for maintaining your own backups. We are not liable for data loss except in cases of negligence.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will provide you with access to any domain names or web hosting accounts purchased on your behalf once reimbursement for these expenses has been made.
19. GOVERNING LAW
This agreement is governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.
20. CROSS-BROWSER COMPATIBILITY
We ensure compatibility with modern browsers (e.g., Firefox, Chrome). However, third-party extensions or features may not be supported on all browsers.
21. E-COMMERCE COMPLIANCE
You are responsible for ensuring compliance with all e-commerce regulations. You indemnify us against any legal action related to your use of e-commerce functionalities.
22. BRAND CONCEPTS, WORKSHOPS, AND UPSKILLING
In addition to our design and development services, Floreo Creative offers brand concepts, workshops, upskilling, and private lessons. The following specific terms apply to these services, including cancellation policies and fees:
Brand Concepts: A deposit of 50% of the total fee is required upon booking. The remaining balance is due upon completion of the project or at set Goal Marks as agreed in the initial proposal.
Workshops:
Booking Confirmation: A deposit of 50% is required to confirm your booking. The remaining balance is due before the workshop begins.
Cancellations:
•Cancellations made 7 or more days before the scheduled workshop date will receive a full refund of the deposit.
•Cancellations made within 7 days of the scheduled workshop date will incur a 50% cancellation fee, and the remaining 50% of the deposit will be refunded.
•Cancellations made within 48 hours of the workshop will incur a 100% cancellation fee (no refund).
Upskilling & Private Lessons:
Booking Confirmation: A deposit of 50% is required upon booking, with the remaining balance due before the lesson begins.
Cancellations:
•Cancellations made 7 or more days before the scheduled lesson will receive a full refund of the deposit.
•Cancellations made within 7 days of the scheduled lesson will incur a 50% cancellation fee, and the remaining deposit will be refunded.
•Cancellations made within 48 hours of the scheduled lesson will incur a 100% cancellation fee (no refund).
Important Notes:
•Cancellations must be made in writing via email or another confirmed communication method.
•In the event of a no-show, the full amount will be charged, and no rescheduling will be offered without a valid reason and mutual agreement.
•If Floreo Creative needs to cancel or reschedule any session due to unforeseen circumstances, we will provide a full refund or reschedule at no additional cost to you.
23. RESTART FEE
A $150 restart fee will apply if work is paused or delayed due to circumstances beyond our control, which impact the progress and completion of the project. The restart fee will cover the administrative and operational costs associated with re-engaging with the project and resuming work after a delay. This includes time spent reviewing prior work, re-aligning with project goals, and coordinating with any third-party resources involved.
The restart fee applies in the following situations:
Lack of Content: If the client fails to provide required content (copy, images, logos, etc.) within a reasonable timeframe, and this leads to delays. This is because significant time is often spent preparing for content, and the delay requires us to re-organize or reschedule project workflows.
Payment Delays: If the client fails to meet payment deadlines as agreed upon in the contract or during Goal Marks.
Lack of Communication: If there is a delay in communication from the client for over 3 weeks, leading to a halt in the project’s progress. This is necessary to maintain a consistent project timeline and avoid wasted resources.
Unresolved Revisions or Direction: If the client is unresponsive or indecisive in providing final approval or feedback that is crucial for moving forward, the restart fee will cover the cost of revisiting and re-aligning the project.
Why the Restart Fee is Necessary:
When a project is paused or delayed for an extended period, we have to reallocate resources, review previous work to ensure it aligns with current instructions, and re-engage with stakeholders, which can lead to additional time and effort. The restart fee is not a penalty but a necessary fee to ensure we can move forward with your project promptly and efficiently.