Terms and Conditions

Getting started

Last updated: 24 August 2024

These Terms and Conditions outline the rules and regulations for the use of our service and establish the legal obligations that both you and We must adhere to.

By accessing and working with us, you agree to comply with these Terms and Conditions. Our aim is to ensure a mutually beneficial relationship where We can collaborate effectively to get the best out of our interactions.

We are committed to fostering a positive and productive partnership with you. Let's agree and work together to achieve our shared goals and make the most of our relationship.

1. Definitions

1. 'We', 'Us', 'Our', or 'Service Provider' refers to Dev Wise Studio (a business name of Island Meets City Pty Ltd [ABN: 76627703511]).
2. 'Client' or 'Clients' refers to an active client(s) of the Service Provider, which we work with directly.
3. 'Agency' or 'Agencies' refers to an active client partner(s) of the Service Provider, who works directly with their Client.
4. 'Request' or 'Requests' refer to work, task(s) or project(s) to be performed by the Service Provider, including, but not limited to, requests via email, creating proposals, ad-hoc tasks, executing programming work, etc.

2. General Terms

• General Terms: These terms and conditions serve as a general framework for our working relationship. However, for specific projects or requests, there may be additional terms and conditions or agreements that are tailored to the unique nature of the solution being provided.
• Term Priority: In the event of conflict information between these general terms and any project-specific terms or agreements, the project-specific terms and agreements shall take precedence and govern the specific project or request.
• Confidentiality: We maintain strict confidentiality for all client-provided information, never sharing it intentionally with third parties. Both parties agree to maintain confidentiality indefinitely, including but not limited to, terms of engagement, our processes, project details, any proof of concepts, brainstorming and/or code produced.
• Communication: Our primary communication is via email, providing a paper trail for requests. In-person, phone, or other methods are available upon request.
• Dispute Resolution: In disputes, we aim to negotiate, mediate, or arbitrate as agreed, with legal actions in Brisbane, Queensland, Australia if deemed necessary..
• Equal Dedication: We commit to offering every client the same attention and dedication. Some requests may take longer to execute, but you too will receive the same amount of attention and dedication to resolve your issue.
• Changes: These terms and conditions may change without notice. Refer back to this document for our latest terms and conditions.
• No Guarantees: We always aim to provide the best solution given the information at hand. However we can not always guarantee success which may be impacted due to external factors, which may or may not be in our control. Rest assured we will advise along the way to ensure the best outcome possible.
• Outsourcing/Subcontractors: The client accepts that some requests may be outsourced and executed by trained subcontractors. We aim to ensure the same quality and accuracy standard as local counterparts to the project requirements.

3. Client Terms

• Communication: Effective communication is crucial for project success. We'd appreciate feedback within 5 business days.
• Content and Materials: Clients must provide content, imagery and/or any other requests necessary, and provide timely feedback as per the project scope. Clients guarantee ownership or proper permission for content/media assets supplied to us.
• Open to Change: Introducing new changes can be disrupting. The client acknowledges that migrating/upgrading processes/platforms/branding etc. may introduce some harsh feedback and/or criticism. The client understands this is part of the process to bring your business to the next level. It's not an us versus them, we're united to make sure we're both driving towards that mutual goal.

4. Service Provider Terms

• Our Response Time: Clients agree not expect immediate responses. If no response is received within 5 business days, a follow-up email is recommended.
• Third-Party Access: The client may need to provide us with full access to third-party providers to fulfil requests. We will maintain strict confidentiality regarding any access provided to third-party providers. In addition, we may set up third-party services/tools when necessary with the goal to improve the outcome of requests.
• Third-Party Outage: In the event of an outage, and if you have set up domains and hosting services with us, please note that these services are strictly in the hands of third-party providers. We will work closely with these providers as necessary to resolve any issues.
• Working with Third-Party Providers: We may charge hourly support fees for handling issues with third-party providers who we do not have an association with.
• SEO and Marketing: We cannot guarantee specific SEO and marketing results due to the dynamic nature of the online environment. Our strategies are data-driven, but outcomes can vary.
• Web Development: We retain source code rights for all our work and can be reused and modified for future use in projects, publications, or educational purposes indefinitely.
• Website-as-a-Service (WaaS): We provide website updates and maintenance, including minor content/design adjustments and bug fixes subject to fair use.
• Website Maintenance: We efficiently use tools to ensure your website is up to date and secure. Manual intervention and/or investigations may be required to resolve any issues as a result of any update and may incur additional charge.
• Design Services: Our designs are tailored to your industry, but design alone may not guarantee results. Success depends on various factors and may change over time.
• Fair Use Policy: We work to accommodate all requests but may be subjective to limitations and/or the frequency of changes. Fair use is determined at our discretion, considering factors like complexity, resource availability, and project impact.

5. Termination

• Respectful Termination: Either party may express dissatisfaction in writing via email, aiming to resolve issues amicably.
• Notice Period: Four weeks' notice is required for termination.
• Unbilled Work: Terminating clients may be billed for unbilled work exceeding the deposit.
• Forfeiture of Unused Funds: Any unused funds, including deposits, will be forfeited upon termination, and the client accepts this condition.
• Migration Support: We may assist with migration to your new provider within reason.
• Handover: Upon termination, if requested, we will provide the client with completed non-proprietary work, excluding our intellectual property and/or proprietary processes.
• Intellectual Property: Until full payment is received, the output of work from request(s), including but not limited to design, code, graphics, and content, remains our exclusive ownership and property.
• Transfer of Ownership: Upon full payment, ownership of the output of work from request(s), excluding any intellectual property, proprietary processes, and tools used to generate the output, is transferred to the client upon request. Any excluded property remains our intellectual property indefinitely and will not be included in the transfer.
• Cancellation Policy: Clients must provide a minimum of four weeks' notice for termination. Depending on the project/retainer/service, clients may be obligated to pay for the full term of an agreement even if they choose to terminate services early.
• Refund Policy: Fees and refunds are determined based on project progress and status

6. Project Work

• Investigation Fee: A fee may apply for project investigations/assessments taking over 1 hour to investigate. This is separate from the project cost.
• Deposit: Deposits are non-refundable and typically 50% of the total proposal cost.
• Project Scope: The project scope may be in the form of email, on a mutual project management space, annotated designs, or other mutually agreed-upon methods. Only items listed in the proposal/scope of work will be executed. Out-of-scope items may be quoted separately.
• Project Delivery: We aim to fulfil project requirements but may adjust due to unforeseen issues. Additional changes may incur charges.
• Request Abandonment: If we receive no communication for four weeks, we consider the request abandoned and respectfully terminated. We may disconnect any associated infrastructure, services, subscriptions and/or products and a setup fee may be required to restore services after they've been terminated.

7. Rules of Engagement for Agencies

• Service Provider Role: We will operate as a contractor and service provider, executing tasks strictly within the agreed scope of work.
• Fair request policy: We will support minor changes to the scope of work. However any significant changes will require to be quoted separately.
• Migration backups: It is the clients'/agencies responsible for backups of existing and old websites. While we offer support and advice, further changes may incur additional costs.
• Documentation: We do not supply technical documentation. Charged discussions are available, but it is the agency's duty to provide this to clients.
• Design Requirement: All projects require completed designs before commencement, allowing both parties to understand accurate effort estimation and scope definition.
• Milestone Participation: We seek to be involved in critical milestones and technical decision-making processes.
• Billing for Additional Work: Ad-hoc tasks are billed on an hourly basis.
• Use of Outsourcing: We will bring on trusted outsourcing team members when needed to get the job done. It will be our responsibility to ensure the integrity and delivery of our work.
• Project Management: We operate under our own accounts, coordinating directly with our designated agency project manager. We will not engage with your client, and will report directly with the project manager or team, unless facilitated by the project manager.
• Proof of Concept: For projects that require proof of concept work, we can't guarantee the integrity of the solutions. We will try our best and seek out the best implementation of the work.
• Project Handover Procedure: After completing our tasks, we will formally hand over the project to the agency and assist with resolving any bugs or issues related to our work. We understand that feedback from the agency and/or their client may be delayed; while we offer some flexibility, we are committed to delivering our portion of the project within the agreed timeline to the agency, not the client. It is the agency's responsibility to manage this feedback and adhere to our agreement. Tasks or requirements that extend beyond the agreed timeline, or exceed a fair request policy, may be subject to additional charges. Our Request Abandonment clause may apply.
• Independence in Operation: We don't need to be micromanaged. Once we have the scope of work and an agreed deadline, leave it to us. We enjoy providing a reveal to you of the work we were able to achieve.
• Client Success Alignment: Your client's success reflects on us. Prompt responses and collaborative efforts are appreciated to achieve this goal.
• Content Population: We may help to build importing tools/scripts and/or migrate existing content from other platforms where available, but it is ultimately the agency/client's responsibility to enter content and ensure its accuracy.

8. Payment and Invoicing

• Payment Due Date: Invoices must be paid within 14 days of the invoiced date.
• Late Payment: Late payments may incur a 10% late fee.
• Recurring Invoices: Recurring invoices are issued one month in advance.
• Currency: All prices are in Australian dollars (AUD) and exclude GST.
• Hourly Rate: Charges are rounded up to the next 15-minute block for work under 7 minutes.
• Invoice Processing: Invoices are issued and reconciled on Sundays.
• Credit Card Payments: Credit card payments are available upon request.

9. Sharing our Success

• Promotional materials: By engaging with us and/or using our services, clients agree to allow us to use work produced for marketing and promotional purposes, and place to place footer link back to our website, unless otherwise stated in writing. We love to acknowledge and promote of our partnership.
• Feedback: As part of our feedback loop, we'd appreciate any reviews or testimonials from our work. We'll send this periodically throughout our engagement to make sure we're on track.
• Mailing List: Clients permit us to include their email address in our mailing list for updates and promotions. We do not sure your information and you can unsubscribe at any time.

10. Contact Us

If you have any questions about our Terms and Conditions, You can contact us:

• By email: hello@devwise.studio