The following are the service provider Sims Design terms and conditions to ensure we are able to meet clients expectations. Please read thoroughly prior to accepting the contract to avoid any confusion with a project.
Specifications of work
The estimate is based on the original job brief and specifications as provided by the client. The estimate is subject to change should any alteration occur to the client specifications (eg. Number of pages of an annual report) or brief (ie design requirements) or updating of content of your website.
Estimates
An estimate supplied by the provider SIMS Design is valid for 30 days from the stated date.
Sign off work
The client is required to sign off on all completed design work. Sign off is the clients indication that the job has been approved and will not require any further amendments. Larger jobs may require sign off of design and development during various stages of the project.
Alterations
Content submitted to Sims Design by the client at the start of the project is considered ‘final’. Any revisions or alterations provided by the client after commencement will be charged at the appropriate variable rate.
Content
All content is assumed to be supplied in the following digital formats to ensure a high project quality. Additional charges may be incurred if these are not available.
Text/tables/copy Word and Excel format (in correct order)
Images High resolution (300 dpi) Tiff/Jpeg format
Logos Vector format (Illustrator/AI EPS files)
Diagrams and maps (Illustrator/AI EPS files), if these formats are not supplied additional costs may be charged.
Deposits
Sims Design reserves the right to request a 50% deposit to be paid upon engagement of the project. Full payment is to be made on delivery of printed documents or on a project completion.
Terms of Payment
Final invoices will be provided to the client upon completion of the work and are due upon receipt but no later than fifteen (15) days from date of invoice. Accounts paid after (14) days will be considered in default and will be assessed, a service charge in the amount of 4% per month of the total amount due. SIMS Design may at any time and from time to time alter the terms of payment and such altered terms of payment shall apply in respect of all transactions taking place after notification of such alterations. Additionally, the client agrees to pay reasonable expenses, including legal fees and third party agencies.GST refers to Goods and Services Tax charged at 10% of the price. All prices are ex GST unless otherwise stated.
Travel
Any travel and accommodation charges will be charged separately and estimates supplied. Should the client have any current arrangements with suitable accommodation locations, SIMS Design agrees to utilise current commercial arrangements, where practicable.
Confidentiality
All works in progress, ideas, strategies and other intellectual property must be held in strict confidence by the client and only made available to these parties.
Sims Design will make every effort to protect the confidentiality of all information supplied by their clients.
Cancellation
If cancellation occurs after approval to proceed of design work may be cancelled or varied if agreed and accepted by SIMS Design in writing. SIMS Design will be compensated against any costs or loss (including but not limited to loss of profit) incurred.
Websites designed and built by SIMS Design use multi licenses to keep costs to a minimum for schools, the agreement may be cancelled, licenses cancelled, hosting service and SSL cancelled, the school has advised of a new supplier. All code, design, and licenses related to any website developed, maintained, or provided by SIMS Design remain the sole property of SIMS Design unless otherwise agreed. Unauthorised reproduction, distribution, or modification of the website code is strictly prohibited.
Variable components of a project
The following summarises most of the variable components of work. Such costs, as incurred, will be passed on to the client unless specifically stated as included in the estimate.
Authors alterations
Copy/test alterations $120.00/hour
High end design, artwork and visualisation $110.00/hour
Website/Interactive
High end work including programming $155.00/hour
General work including HTML authoring $110.00/hour
Photography/Digital photography (includes development and assistant) $160.00/hour
(Travel costs outside of the metropolitan area to will be paid by the client, includes airfares and accommodation). Photo manipulation $90.00/hour
Management Art direction/Project management $110.00/hour
Print Management $90.00/hour
Miscellaneous
Stock photography/illustrations Market rate
Collation of files to electronic file transfer $20.00 each
Courier Market rate
All estimates exclude GST.
Copyright
Copyright is all unfinished works authored by Sims Design remain the property of Sims Design until full payment has been received. On occasion when multiple options are presented to the client, all options except for the chosen design remain the property of Sims Design. Working files (eg. Indesign, photoshop, AI) will NOT be supplied to client and remain the intellectual property of Sims Design. Only final print ready PDF files of projects will be provided, unless otherwise stated in specifications or agreed with the client and provider.
Website
All code of a website remains the property of Sims Design and must be managed by Sims Design on a yearly basis to maintain functionality, licenses and security. All our websites are designed and produced with the agreement one of our WE CARE packages is included on an ongoing yearly basis while we have a working relationship with your school. We believe this is the best way to maintain a good functioning website, keep costs to a minimum for the school and support school staff in a changing world.
Website Maintenance packages
Website Maintenance Agreement is made by and between the provider SIMS DESIGN and the Client. The Agreement is effective upon written approval and applies to the ongoing maintenance of the website designed and built by SIMS DESIGN for the Client. The Scope of work agreed is outlined in the maintenance package selected Basic, Intermediate or Advanced. SCOPE The scope fo work may include (subject to the package): Regular updates to website content (text, images, videos, etc.), Software and plugin updates to ensure security and functionality, Bug fixes and troubleshooting, Security monitoring and vulnerability patching, Backup and restoration services, Performance optimisation, Minor design and layout adjustments, Technical support and consultation. EXCLUSIONS Major redesigns or overhauls, Custom development beyond standard updates, SEO, marketing, or advertising services, Hosting services unless specifically included, Third-party licensing fees.
SERVICE LEVEL AGREEMENT (SLA) Regular maintenance updates will be performed on a regular basis. Critical security updates will be applied when released. Support requests will be addressed within one business day where possible. Uptime monitoring will be provided, but the Service Provider (SIMS Design) is not responsible for third-party hosting issues. CLIENT RESPONSIBILITIES Request and Supply necessary content updates in a timely manner without demand, Notify the Service Provider (SIMS Design) of any issues, Ensure compliance with any third-party software terms. FEES AND PAYMENT The Client agrees to pay the specified amount per each year for the maintenance services. Payment is due on or before the date of each billing cycle. Late payments may result in service suspension until payment is received. TERMINATION The maintenance package agreement will commence upon written approval and continue on yearly basis until the Client terminates and moves to a new provider. Either party may terminate the Agreement with 60 days’ written notice. No refunds will be issued for any payments already made. Upon termination, the Service Provider SIMS Design is not responsible for any issues arising from the cancelled service, all work is removed from the hosting service provider and cancelled.
LIMITATION OF LIABILITY The Service Provider SIMS Design shall not be held liable for any consequential damages arising from website downtime,
Cyber-attacks or hacking incidents despite reasonable security measures, Third-party software malfunctions, Any consequential damages arising from website downtime.
Photography /Videography/Film
All photographs taken by the provider SIMS Design are copyright to the school. Permissions Permissions of students photographed or filmed are the responsibility of the school, if a permission changes, SIMS Design will act in a timely manner to ensure these images are removed as instructed by the school staff. Consent and Permissions The Client (“Client”) must ensure that all photography and videography comply with the school’s policies and the Department of Education’s guidelines. The school will obtain written consent from parents or legal guardians before any child is photographed or recorded. SIMS Design must not capture or use images of students without proper authorisation from the school administration. Purpose and Usage of Media Photographs and videos may only be used for the intended and approved purposes, outlined by the school administration. Back ups and security. Images and videos are securely kept for 12 months and deleted, all images and videos upon completion of the agreed service unless otherwise agreed with the school are supplied to the school for storage. External Photographers/videographer Any subcontractors or third-party personnel engaged by the provider Sims Design must comply with these terms and be approved showing a valid WWCC to be approved to work on the grounds of the school. The provider SIms Design and the sub contractors must follow school policies, staff directions, and all relevant health and safety regulations. The client agrees to keep Sims Design indemnified against all liability, losses or expenses incurred in connection with any breach of copyright in materials supplied by the client
Acceptance
If you are in agreement with the estimate and all the term and conditions stated, please forward an email back with your purchase order to Sims Design. Written approval is required by Sims Design before work is initiated. Should you have any questions, please do not hesitate to contact Sims Design. These Terms and Conditions are subject to updates as necessary.
We are passionate about creating the face of your community to represent your values and services – your visual representation.
