Terms & Conditions
Last updated: 29 Aug 2025
These Terms & Conditions (“Agreement”) govern your use of the website design services provided by Studio Ecks (“we”, “us”, “our”). By engaging our services, you (“Client”, “you”) agree to the following terms:
Built to be simple, fair, and clear.
Terms and conditions aren’t thrilling, but they keep everything clear. Here’s how we work, what’s included, how payments run, and what happens if you pause or cancel.
1. Scope & Engagement Models
1.1 Subscription Services.
Ongoing, month-to-month services per your selected plan (“Plan”). Scope is limited to the Plan inclusions; out-of-scope work requires a written change order and additional fees.
1.2 Fixed-Price Projects.
One-off deliverables performed to a written Proposal/Scope of Work (SOW) that defines inclusions, price, and milestones. Ongoing maintenance/support is separate unless expressly stated.
1.3 Multi-Location Rollouts.
First location is full setup. Subsequent locations that reuse the approved design system are billed a reduced clone + localize fee. Each store carries its own hosting/SEO/ad management.
1.4 Order of Precedence & Contract Formation.
This Agreement and any accepted Proposal/SOW form the full contract. If they conflict, the Proposal/SOW prevails for that project unless this Agreement states otherwise. A Proposal/SOW is binding once you sign, pay, or instruct us to start. Subscriptions form when you accept these Terms (via email, Stripe, Marketing Dashboard, or equivalent) and provide payment details; renewals continue under these Terms.
2. Deliverables, Approvals & Timelines
2.1 Milestones.
We may provide drafts, wireframes, or staged previews during the build, depending on the scope and project needs.
2.2 Acceptance.
Written approval (email sufficient) constitutes acceptance to proceed or launch.
2.3 Revisions.
Unless otherwise stated in a Proposal/SOW, Deliverables include up to two rounds of revisions on design drafts, requested within the feedback window (Section 2.4). Extra revisions or scope changes may be billed separately.
2.4 Feedback Windows.
If you do not respond within 7 calendar days, we may proceed with the presented recommendation to maintain schedule.
2.5 Timelines.
Schedules may extend for late content/assets/access or material scope changes. Expedited or goal-based action plans are best-effort only and do not override the binding scope, deliverables, or fees in this Agreement.
2.6 Reactivation.
Paused projects may incur a reactivation fee to restore environments/context.
3. Client Responsibilities
3.1 Content & Access.
Provide timely, accurate business information, brand assets, and account access (e.g., GA4, GBP, ad platforms).
3.2 Approvals.
Review and approve materials prior to publishing.
3.3 Accuracy of Claims.
You are responsible for substantiating claims (e.g., “sanitized every wash”), pricing, and legal compliance of offers.
4. Fees, Billing & Payments
4.1 Subscription Billing.
Billed monthly via Stripe unless otherwise agreed.
4.2 Fixed-Price Billing.
100% of the quoted fee is due prior to commencement, unless otherwise agreed in writing.
4.3 Terms.
All invoices are payable in full within 14 days from invoice. All payments are non-refundable regardless of service status or outcome.
4.4 Plan Changes.
If you upgrade or downgrade your subscription, the change will be pro-rated so you only pay (or are credited) for the difference between your current plan and the new plan for the remainder of your current billing cycle.
4.5 Hosting & Maintenance.
Website hosting and ongoing maintenance are included only if they are part of your active subscription plan. For fixed-price (lump sum) website builds, hosting and maintenance are not included and can be provided for $30 per month.
4.6 Transfer Fee.
For customers on a lifetime update (or custom) website subscription, transferring the site to your own platform at the end of your subscription or project may incur a one-time transfer fee (capped at $600 or the value of your remaining subscription, whichever is lower).
4.7 Ad Spend.
Media budgets are funded directly by you to the platforms. We do not float ad spend.
4.8 Taxes
All fees exclude applicable taxes, which are automatically calculated at checkout via Stripe based on your country. You are responsible for any sales tax, GST, or VAT (excluding our income taxes).
5. Update Fair Use
5.1 Included (Active Website Subscriptions).
Reasonable content updates and minor design tweaks (copy, images, business hours, pricing) during support hours.
5.2 Excluded.
Net-new pages, major layout overhauls, new features, or rebrands require a change order and additional fees.
5.3 One-Time Projects.
Fixed-price or one-time projects terminate upon delivery and acceptance; no ongoing updates or support are provided absent a concurrent subscription. Where specified in the contract, one-time projects may include up to two (2) revisions; further changes require a new agreement or subscription.
6. Intellectual Property & License
6.1 Your IP.
Client-provided logos, text, photos, and data remain your property.
6.2 Our IP.
Our designs, templates, layouts, systems, and custom assets remain Studio Ecks IP.
6.3 License During Term.
While subscribed and paid up, you have a limited, non-exclusive, non-transferable license to use Deliverables for your business.
6.4 Post-Transfer License.
After full payment and transfer, you receive a non-exclusive, non-transferable license to use the site for your business.
6.5 Assets.
We may use third-party or open-source components (such as code, fonts, or design elements). These remain subject to their original licences and to our IP. You may use them only as integrated into your Deliverables.
6.5 No Replication/Resale.
You may not resell, redistribute, or reuse our design system for third parties without prior written consent.
6.6 Credit.
We may request removal of “Site by Studio Ecks” if post-transfer edits substantially alter quality.
7. Websites (Build, Performance & Hosting)
7.1 Build.
We deliver modern, mobile-first, conversion-minded sites tailored to laundromats.
7.2 Maintenance.
While subscribed to our hosting or update services, we provide routine updates, security, and performance optimisations. These obligations cease upon cancellation, though Studio Ecks reserves the right to make changes at its discretion where access remains.
7.3 Uptime/Externalities.
We are not liable for outages or performance issues caused by third-party hosts, ISPs, platforms, or force majeure events.
7.4 Go-Live.
Written approval triggers launch and acceptance of scope. Studio Ecks may deploy sites prior to approval for testing purposes.
8. Local SEO & Listings
8.1 Inclusions.
GBP optimization, directory consistency, keyword research, and reporting per plan.
8.2 Variability.
SEO outcomes are inherently variable; timing and positions are not guaranteed.
8.3 Location Strategy.
Each store requires its own GBP/NAP consistency. We mitigate cross-store cannibalization via unique service-area pages and differentiated content.
9. Paid Ads
9.1 Inclusions.
We provide strategy, setup, creative, tracking, and optimization in accordance with your selected plan.
9.2 Ad Spend.
You are solely responsible for funding ad accounts. We do not advance, guarantee, or reimburse media spend.
9.3 Attribution.
We implement tracking for platform-reported conversions (calls, forms, online orders) where technically feasible. Offline or walk-in attribution requires your POS/operational data and is your responsibility.
9.4 Policy/Platform Changes.
We are not liable for ad disapprovals, suspensions, policy changes, or enforcement actions by Google Ads or other platforms. Our obligation is limited to reasonable remediation efforts within the scope of the plan.
10. Branding Services
10.1 Inclusions.
Logos, colour/typography systems, messaging, and print/digital assets delivered in line with your selected plan.
10.2 Usage.
Licensed for your business only; no resale or transfer without written consent.
11. Data, Access & Privacy
11.1 Account Ownership.
Where practicable, marketing accounts are client-owned with Studio Ecks as manager. If we create accounts, we will, upon request and after full payment (and any applicable transfer fee), transfer admin access to you.
11.2 Tracking.
You consent to implementation of reasonable analytics and tracking (e.g., GA4 events, call tracking) to measure performance.
11.3 Privacy.
We process client data per platform policies and applicable law. We do not sell client data.
11.4 Tag Removal.
Blocking/removing our tags/pixels may impair reporting; we are not liable for resulting data loss.
12. Reporting, KPIs & Shared Responsibility
12.1 Baselines.
We establish initial baselines (GBP impressions/calls/directions, site traffic, tracked conversions) within 2–4 weeks post-launch.
12.2 Metrics.
We report leading indicators (visibility, CTR, CPC/CPA) and lagging indicators (bookings/revenue proxies). Low-volume markets may require longer windows or greater budget.
12.3 Attribution Limits.
Reports are based on platform-tracked data. We are not responsible for discrepancies between systems (e.g., Google Ads, GA4, CRM/POS) or for incomplete attribution of offline/walk-in sales.
12.4 Shared Responsibility.
We deliver qualified traffic and measurable conversions. Final business outcomes depend on your in-store execution (pricing, staffing, turnaround, customer service) and remain your responsibility.
13. Support
13.1 Hours.
Support is available Mon–Fri, 9am–5pm AEST. We aim to respond within 1–2 business days.
13.2 Async-First.
We prioritise async communication (Marketing Dashboard) to keep approvals, assets, and progress centralised and clear.
13.3 Emergencies.
Emergency/after-hours support is not included unless expressly agreed.
14. Compliance
14.1 Claims Substantiation.
We may request substantiation for promotional claims. You are solely responsible for legal compliance of offers and content.
14.2 Accessibility.
We follow WCAG-informed best practices; full compliance is not guaranteed unless explicitly scoped and contracted.
14.3 Platform Policies.
Content/ad policies are controlled by platforms; enforcement is outside our control.
15. Confidentiality
15.1 Obligation.
Each party will keep the other party’s non-public information confidential, using at least reasonable care, and will use it solely to perform under this Agreement.
15.2 Exclusions.
Information already public, independently developed, or rightfully obtained from a third party without duty of confidentiality.
16. Portfolio & Publicity
16. Portfolio.
You grant Studio Ecks a non-exclusive, royalty-free license to display your site/branding/content/results in our portfolio, website, social media, case studies, or proposals. This includes the right to showcase the original design if later edits materially affect intent.
17. Warranties
17.1 Mutual Warranty.
Each party represents it has the right and authority to enter this Agreement.
17.2 Client Warranties.
You represent and warrant that (a) all content, materials, data, and instructions you provide are accurate, lawful, and do not infringe the rights of any third party; (b) you have obtained all necessary rights, licenses, and permissions to use and provide such materials to us; and (c) you will comply with all applicable laws, regulations, and platform policies in connection with your business and use of the Services.
17.3 Our Warranties.
We warrant that the Services will be performed in a professional and workmanlike manner consistent with industry standards.
17.4 Disclaimer (to the extent permitted by law).
Except as expressly set out, all other warranties (express, implied, statutory) are disclaimed, including merchantability, fitness for purpose, and non-infringement. We do not guarantee specific outcomes (traffic, rankings, ad performance, conversions, or revenue) given factors outside our control.
17.5 Australian Consumer Law.
Nothing in this Agreement excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law that cannot be excluded.
18. Limitation of Liability
18.1 No Indirect Damages.
To the maximum extent permitted by law, we are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages (including loss of profits, revenue, goodwill, data, or business opportunities), even if we have been advised of the possibility of such damages.
18.2 Cap.
If an issue does arise, our total responsibility will never exceed the fees you’ve paid to Studio Ecks in the three (3) months prior to the event in question. This keeps things fair and proportionate for both sides.
18.3 Force Majeure & Third Parties.
We are not liable for delays, failures, or damages caused by events beyond our reasonable control, including but not limited to third-party platforms, service providers, ISPs, hosting providers, or force majeure events.
18.4 Essential Basis.
These limitations form an essential basis of the bargain between the parties and apply notwithstanding any failure of essential purpose of any limited remedy.
19. Term, Cancellation & Termination
19.1 Term.
This Agreement continues while Services are active.
19.2 Cancellation (Subscriptions).
Cancel anytime with 5 business days’ notice prior to the next billing cycle.
19.3 Fixed-Price Projects.
Non-cancellable once commenced; amounts paid are non-refundable.
19.4 Termination for Cause.
Either party may terminate for material breach not cured within 10 business days of notice. We may suspend/terminate for non-payment.
19.5 Post-Cancellation.
Hosting/maintenance cease upon cancellation. Transfer is available per Section 4.6.
20. Relationship
20.1 Independent Contractor.
We act as an independent contractor. No partnership, joint venture, or agency is created.
20.2 Assignment.
You may not assign this Agreement without our prior written consent. We may assign in connection with a merger, sale, or reorganization.
21. Governing Law
This Agreement is governed by the laws of Victoria, Australia, without regard to conflict-of-laws principles. Parties will attempt good-faith negotiation prior to formal proceedings.
22. Amendments & Notices
22.1 Amendments.
We may update these Terms anytime. Continued use constitutes acceptance.
22.2 Acknowledgement.
You are required to confirm your acceptance of this Agreement when engaging our services, accessing your account, or using related tools. Each confirmation constitutes a legally binding acceptance of the then-current terms, and your continued use of the services reaffirms your ongoing agreement.
22.3 Notices.
Notices may be sent via email to xavier@studioecks.com (email sufficient).
23. Miscellaneous
23.1 Entire Agreement.
This Agreement (plus any signed order/proposal) is the entire agreement and supersedes prior discussions.
23.2 Severability.
If any provision is unenforceable, the remainder remains in effect.
23.3 No Waiver.
Failure to enforce any provision is not a waiver of that provision.
Questions?
Email xavier@studioecks.com and we’ll get right back to you.