CONTENTS
TERMS OF SERVICE
These Terms and Conditions (“Terms”, "Terms of Service") constitute a legally binding agreement entered into by The Libby Link (“we,” “us,” or “our”) and You the Client (“you” or “your”). By visiting our site and/ or engaging our services, you agree you have read, understood, and agree to be bound by the following Terms, including any additional Terms and policies we may reference or link to.
Please read these Terms carefully before accessing or using our website or services. If you do not agree to all the Terms then you may not access the website or utilise our services.
SERVICES
Scope of Services
We offer a variety of freelance web design, visual design, and software consultancy and configuration services, based on the needs of each individual client. When you engage our Services, your Service inclusions will be outlined in our Services Agreement.
Availability of Services
Our advertised Services and pricing are subject to change without notice. We reserve the right at any time to modify or discontinue an advertised Service (or any related part or content) without prior notice.
How we Provide the Services
When you engage our Services, you are securing a fixed, designated period of time in our calendar. Our work to deliver the Services is time-based and occurs only between the Project Start and Project End Dates outlined in our Services Agreement.
How we Deliver the Services
We will communicate with you by email on the Project End Date to handover any deliverables due as part of the Services. We may include links to deliverable files or instructions for how to access your deliverables as part of a handover pack, exit email, or launch guide.
How we Communicate
We operate on an exclusively digital basis, and will communicate with you by email , with meetings (where required) taking place virtually. You may also contact us by email at any time by messaging gday@thelibbylink.com.au and we will seek to respond within one (1) business day. To streamline any requests for information we may require from you, we may utilise tools such as client portals and online forms to collect content, assets, or approvals, access to which will be made available to you by email.
The Relationship Between us and You
We operate exclusively as an independent contractor and engaging our Services does not create any partnership, joint venture, or similar business or employment relationship between us and you.
INCLUSIONS, EXCLUSIONS, AND LIMITS OF SERVICES
Service Inclusions
We offer a variety of freelance Website Design, Visual Design, and Software Configuration Services, which may include the following features (as outlined in our Service Agreement):
Our Web Design Basic Package is a one week web design and branding intensive and includes: (i) the design, development, and mobile optimisation of up to five (5) informational sections across one website page (ii) creative direction (colour palette, and typography) (iii) two (2) rounds of design revisions (iv) basic Search Engine Optimisation (page titles, meta descriptions, URL slugs, and image alt text), (v) website content planning resources (vi) 14 days of post launch guidance.
Our Web Design Pro Package is a one week web design and branding intensive and includes: (i) one (1) sixty (60) minute virtual strategy call (ii) the design, development, and mobile optimisation of up to five (5) informational website pages (Home, About, Offers, Results, Contact), (iii) creative direction (colour palette, typography, wordmark logo design and favicon design) (iv) two (2) rounds of design revisions (v) basic Search Engine Optimisation (page titles, meta descriptions, URL slugs, and image alt text) (vi) website content planning resources (vi) 14 days of post launch guidance.
Our Web Design Premium Package is a one week web design and branding intensive and includes (i) one (1) sixty (60) minute virtual strategy call (ii) the design, development, and mobile optimisation of up to five (5) informational website pages (Home, About, Offers, Results, Contact), one (1) long form sales page, and one (1) link in bio page (iii) integration and configuration of the Wix Blog Business Solution, and one (1) additional Wix Business Solution of your choice (Bookings, Stores, or Portfolio) (iv) creative direction (colour palette, typography, wordmark logo design and favicon design) (v) two (2) rounds of design revisions (vi) basic Search Engine Optimisation (page titles, meta descriptions, URL slugs, and image alt text) (vii) website content planning resources (viii) 14 days of post launch guidance.
General Exclusions
The following services are not included in any of our Services, but may be available on request and separately as an add on or variation to the Services (subject to an additional fee): (i) copywriting or content writing (ii) image sourcing or selection (iii) photo manipulation or editing services (iv) additional revisions beyond the inclusions stated in our Service Agreement (v) resolutions or additional work due to changes or updates made by you or a third-party acting on your behalf (vi) overtime, out of hours, or additional work required to complete the Services due to a delay caused by you, or due to your non-compliance with these Terms.
Web Design Exclusions
The following Services are not included in any of our web design services but may be available separately as an Add On or Variation to the Services subject to an additional fee: (i) complex design features (ii) advanced integrations (iii) custom code (iv) complex databases, datasets, or Content Management Systems (v) customisation of automated client emails (vi) customisation or design of Wix Business Solution pages beyond the default settings (vii) setup or configuration of a physical product store (viii) ongoing website monitoring or maintenance.
Variation to Services
Any variations to the Services (as outlined in the Service Agreement) must be agreed in writing and a fee will apply for additional work requested by you. The amount of the fee will be communicated to you and is required to be paid before we will begin any additional work included as part of the Variation.
PAYMENTS AND REFUNDS
Deposits
To reserve our time and creative output, we require a non-refundable deposit to secure your Project Start Date. For smaller projects this may be equal to the total project Price. The amount of the deposit will be outlined in our Services Agreement and is required to be paid within three (3) days of the date on which you sign the Service Agreement, by the payment methods outlined in our Invoice.
Payment Schedule
Where a payment schedule applies, it will be outlined in our Service Agreement. We require full payment of the Price before handover of any deliverables, accounts, ownerships, or digital assets.
For smaller projects where the deposit is equal to the total Price, upfront payment of the total Price is required before we will begin to provide the Services.
Payment methods
We accept payment by the methods nominated in our invoice which include bank transfer and credit card. Should you wish to pay by credit card please contact us to arrange a payment link.
Currency
Unless otherwise stated, all prices are quoted in AUD Australian Dollars.
Refunds: Due to the nature of our Services, all payments are strictly non-refundable except where stated otherwise in these Terms, or where required by law and chargebacks are not permitted.
CANCELLATIONS
Rescheduling
We understand sometimes the unexpected occurs. You can request to reschedule the Project Start Date (as outlined in the Service Agreement) once, by providing at least 14 days written notice to our email address gday@thelibbylink.com.au and we will work with you to find another appropriate date based on availability.
If you request to reschedule the Project Start Date more than once, or request to reschedule the Project Start Date with less than 14 days written notice, we require a rescheduling fee equal to 20% of the total project Price (as outlined in the Service Agreement) as we are unable to rebook replacement Projects at short notice. The amount of the fee will be communicated to you and is required to be paid to secure the new Project Start Date, and before we will begin to provide the Services.
Cancellations
We understand there may sometimes be cases where one party cannot or is unable to proceed with the Services.
You can cancel within 48 hours of signing the Service Agreement (provided your Project Start Date has not passed) by providing written notice to our email address gday@thelibbylink.com.au and receive a full refund to your original payment method of any monies paid, subject to our receipt of your payment. Due to the nature of the Services including exclusive time reserved and preparations that we undertake prior to the Project Start Date, cancellations more than 48 hours after the date you sign the Service Agreement are strictly non-refundable except required by law.
We reserve the right at our discretion to suspend or cancel the Services in the event that (i) a deposit or installment payment has not been received by the due date (ii) you have expressly told us you will not be proceeding with the Project (iii) you fail to reasonably participate under these Terms. Where we elect to cancel as permitted by these Terms, any deposits or installments paid prior to us cancelling the Service strictly non-refundable, we will provide you with any work completed up to the date of cancellation.
YOUR OBLIGATIONS
Communication
Due to the express nature of our Services, you will need to be readily available to respond to any emails, feedback forms, approvals, and Contribution requests during the Project duration. Responding within 3 business hours will help us to maintain momentum ensuring the Services can be completed by the Project End Date.
Contributions
We will require you to provide various content, assets, and materials, and may require you to complete various actions such as scheduling virtual meetings, completing questionnaires and approvals, and creating or connecting third-party accounts both prior to the Project Start Date, and during the duration of the Services.
Due to the express nature of our Services, we require final versions of all Contributions prior to the Project Start Date and before we begin to provide the Services. The required Contributions will be outlined in your Proposal and communicated to you by email as part of our welcome or onboarding pack.
If the Services are unable to be completed by the Project End Date because of non-compliance with these Terms or a delay caused by you, we reserve the right at our discretion to either: (i) deliver the work completed to date, which may be partially complete and not suitable for live use or (ii) deliver a near-final product using placeholder content.
Quality of Information
You are responsible for ensuring the quality and accuracy of all content you supply to us and for ensuring the accuracy of any content we upload, implement, change, or otherwise input on your behalf. While every effort will be made to accurately process the content supplied by you, you must thoroughly review all content during the revision phase, and notify us of any errors, inaccuracies, omissions, or issues that require amendment.
Third Party Services
We may recommend, configure, or integrate third-party services or solutions in order to provide the Services. You are responsible for: (i) all third-party costs including but not limited to domain name and transfer, website hosting, subscriptions, licences, and payment processing fees, (ii) maintaining any accounts, subscriptions, plans, or domains (iii) accepting any transfers of ownership or invitations to manage third-party accounts we arrange after the Project End Date (iv) complying with the terms of use of any third-party provider.
Legal and Compliance
You are solely responsible for obtaining and verifying all necessary rights, licenses, and permissions for any content submitted for use in your Project, and for ensuring compliancy with all applicable laws, regulations, and industry standards relevant to your business or location.
REVISIONS
Our Services may include Revisions (as outlined in our Service Agreement) which provide the opportunity to request refinements to your draft design.
Revision Limitations
Revisions are intended for minor changes which may include updates to colours, fonts, or images, or minor layout adjustments such as the order of sections. Due to the express nature of our Services, major changes including structural or functional redesigns, the addition of new elements, or changes that significantly alter the original design direction or purpose are not included.
Revision Rounds
A Revision Round refers to a single consolidated set of changes that you submit at one time. We will provide you with an online feedback form with guidance on providing clear and efficient feedback to ensure you make the most of any revision rounds included with the Services. Multiple emails, staggered requests, or changes submitted in parts will be considered as an individual round, and additional rounds of revision that exceed the Services inclusions will require a Variation to Services.
Unused Revisions
Once a revision phase has completed (marked by you approving a design or project phase), any unused Revision Rounds are considered forfeited and are not able to be used at a later date.
DISCLAIMERS
No Guarantee of Results
We do not guarantee any specific outcomes, business results, visibility, ranking, or performance as a result of engaging our Services.
Non-Exclusivity
We do not guarantee exclusivity to any design structure, visual layout, format, or process and due to the express nature of our Services, designs are likely to contain templated, pre-existing, or standardised elements that are customised to align with your brand and business.
Compliance and Legal
While we may offer general information about compliance or direct you to online legal templates, any recommendations we make do not constitute legal advice. We advise you seek independent professional advice regarding your legal obligations before your Project Start Date.
Third Party Limitations
We may recommend, configure, or integrate third-party services or solutions (including but not limited to website hosts, domain registrars, payment processors, business tools, or plugins) as part of the Services. We are not responsible for the performance, availability, accuracy errors, changes, or privacy practices of any third-party service.
Third Party Costs
Introductory third-party service rates are often discounted or reduced and may increase upon renewal; we accept no responsibility or liability for future pricing changes.
INTELLECTUAL PROPERTY
Intellectual Property Rights
We own and retain all Intellectual Property Rights for all Intellectual Property licensed, developed, adapted, modified or created by or on behalf of us and nothing in these Terms constitutes a transfer or assignment of any of our Intellectual Property Rights unless expressly stated. Nothing we design or produce may be resold, or repurposed.
Marketing, Promotions, and Portfolio Rights
We reserve the right to display, publish, and otherwise use the work produced for you (including screenshots, videos, designs, and project descriptions) for our own marketing, promotional and portfolio purposes, both online and offline and during and after the defined Project Start and Project End Date.
We may request your feedback or testimonial regarding our Services and by engaging in a feedback opportunity, you expressly grant us permission to use your first name or business name, profession, and comments in full or part for marketing, promotional and portfolio purposes. You may provide written notice to our email address gday@thelibbylink.com.au at any time if you do not wish your feedback to be published or attributed to you, or you wish to associate your feedback with a pseudonym.
FORCE MAJORE
Neither party shall be held liable for any failure or delay in performing their obligations under these Terms due to causes or events beyond their reasonable control. This includes but is not limited to acts of God, natural disasters, pandemics, government actions, power outages, internet failures, labour disputes, civil disputes, or personal emergencies such as serious illness, injury, or bereavement.
If either party is affected by such an event, they must notify the other as soon as reasonably possible. Both Parties will make reasonable efforts to agree on a suitable extension, rescheduling, or Variation of the Services.
CHANGES TO TERMS
We may update or modify these Terms from time to time and without specific notice. Any changes will be posted on this page indicated by the Last Updated date. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your engagement of the Services or continued use of our website after the date on which the revised Terms are posted.