TERMS & CONDITIONS

1. Retainer PAID | CANCELLATIONS

The retainer you pay is non-refundable in money or in credits, regardless of cancellation notice time. What this means is that you, the Client, and ourselves, Lala For Business/the Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Once written or verbal cancellation is given, you are responsible for payment for any and all expenses incurred and work done towards the completion of your project, determined by Lala For Business. In the event of cancellation, Lala for Business retains complete ownership of any and all copyrights and original work created.

2. CHANGE OF MIND ON DESIGN

You are welcome to change your mind on your website design, but with a little bit of a caveat – you can only do this up until the mid-way point. This is when the final design/prototype of your site is supplied to you. Change-of-minds are not included in the price you pay or in the quote we’ve provided. Every time you change your mind on the design that we’ve agreed to, there will be extra charges applied to cover our design time. Your timeline will also be rescheduled to accommodate the time needed to complete these changes and delay your go-live date. We will always confirm the extra charges and time needed to do this before we actually go ahead with any of the changes you request. It’s important that you communicate with us at all times – while we are very good at what we do, we can’t always read your mind. We do reserve the right to ask for payment before we proceed any further with your work.

3. CHANGE OF MIND ON scope of work

Just like changing your mind on design, you are welcome to change your mind on scope WITH a few small caveats. Again, you can only do this up until the mid-way point; until then, we’ve got some leeway in the structure and coding. After the mid-way point, most of the bones of your website will be in place and any technical changes or additions in scope will require us to start from scratch. Change-of-minds are not included in the price you pay or in the quote we’ve provided. Every time you change your mind on the design that we’ve agreed to, there will be extra charges applied to cover our design time. Your timeline will also be rescheduled to accommodate the time needed to complete these changes and delay your go-live date. And just like design change-of-minds, we will always confirm the extra charges and time needed to do this before we actually go ahead with any of the changes you request. It’s important that you communicate with us at all times – while we are very good at what we do, we can’t always read your mind. We do reserve the right to ask for payment before we proceed any further with your work.

4. REVIEW RESPONSIBILITY

As outlined on the previous page, we’ve set a timeline in place for you to review your website prototype. It is your responsibility to get back to us with your review comments (any site tweaks, changes, corrections etc) by these dates. We do not proceed with the next stage until you’ve sent your changes through. We ask that you check every little detail as we don’t take responsibility for checking your information – after all, it’s your business, and only you know if your phone number is correct. Keep in mind as well that we will not finalise your build or go live with your website without both your written approval and the payment of your final balance owing. The longer you take to approve and clear that balance owing, the longer it takes for us to go live.

5. THE BUILD/REVIEW PROCESS

We try and keep your build and review process as streamlined as possible. The process is as follows;
• Website Brief (starting point)
• Submission by you of your To-Do list items before or on the date we’ve scheduled in for you.
• We create a prototype of your homepage, which you review by the First Review date that we have scheduled in for you.
• Mid-way point: we provide a final prototype for you to review one last time, with the changes, tweaks etc requested in your review all made to your build. No further design changes or scope changes can be made from this point onwards.
• Final check and approval – we’ll need this by the date we’ve scheduled for you.
• Final payment made on any outstanding balance or monies owing to Lala For Business.
• Website then goes live

6. RUSH JOBS

Due to client delays (for example, no communication, missing deadlines for supplying lists or reviews), we reserve the right to charge a rush fee in order to complete your job on time. The rush fee is 35% of your total build cost.

7. What happens if there’s an error or typo?

Up until what we’ve called the Mid-way point, we’ll fix that up for you immediately. However, if you’ve approved your site and paid your balance and we’re going live, we’re sorry but you will be charged a fee for us to change that. This fee will cover the time needed to fix that error or typo and ensure your site is updated and working properly. Once your website is live, we’ll be on hand for 2 months for technical and functionailty assistance within reason, at no extra charge – such as fixing minor glitches that come from automatic updates on plugins, or if an error happens due to no fault of you or your clients. However, if we determine that the fault, glitch or error is due to an action you’ve attempted, we do reserve the right to charge you for the time required to repair the damage and ensure your website is reset back to the state in which we supplied it. “Within reason” does not cover changes of mind in design, scope, completely restructuring or adding additional elements, pages or items to your website that were not a part of your original agreed-upon brief, and we will supply a quote for the associated costs for you to accept and pay before we go ahead with changes of mind or additions of this nature. After this 30 day grace period, any fixes, updates and corrections will be charged for and need to be paid in full beforehand.

8. IF YOU NEED TO POSTPONE YOUR BUILD

Just let us know straight away once you’ve made the decision to postpone. If you’ve approved but we haven’t gone live yet, or if you’re still in the reviewing stages, that’s not a problem at all. We’ll pop your job on hold for 6 months to take some of the stress off. However, if you’ve approved and we’ve gone live, you are still liable for any and all outstanding costs or payments still due to us in a timely manner as originally agreed on with us. We’ll reschedule and confirm new dates once you’ve gotten in touch and let us know that you’re ready for us to start work on your website build again.

9. HOSTING & 3RD PARTY APPS/PLUGINS

Hosting costs, 3rd party application costs, and all associated website plugin fees are billed to you and you will be responsible for any ongoing payments, subscriptions or maintenance costs.

10. OUR WORKING/RAW GRAPHIC, FONT, IMAGE or PHOTO FILES

These are the design files we build for your brand and work with, and are not included in the price that you’ve paid. We don’t hand any of these over to you. The reason is that we earn money from our creativity, experience and skill and the ongoing work this creates. With the fonts and images used we have to pay hefty commercial rights in order to use them. The work we do for you is also a representation of our brand, and allowing you or someone else to alter what we have created essentially alters our work and brand. If you want to own these files, ask us and we can provide a price for you. If you want to own the fonts that we have used for your brand, we are more than happy to show you where to purchase the rights/user license and files for it; we can also facilitate a purchase on your behalf, with the cost of that item to be covered by you and added to your invoice. Any images you have supplied to us to use, however, remain yours and yours alone unless otherwise stated by the photographer/artist – make sure you double check their terms of use!

11. COPYRIGHT & INTELLECTUAL PROPERTY

Once you have paid your account with us, you will then own the site that we’ve created for you that you have chosen, approved and accepted. If you have not paid your account in full/if there are outstanding monies owed to us, we retain full ownership, copyrights and intellectual property rights to everything we have created on your behalf, and legal action will be taken for any breach or violation of our copyright, intellectual property rights or ownership rights. You do not own and are unable to use any logos, website concepts or design work that you rejected/did not choose/did not accept. These logos, website concepts and related design work remain our intellectual property and under our copyright. You may not have them recreated by any other designer, agency or acquaintance without our express written permission; violations and breaches to our copyright, intellectual property and ownership rights for these items will be met with legal action. While we’ll customise your website to your specifications, keep in mind that websites generally have a common structure and basis and do follow trends. We continue to own any and all
template designs we’ve created prior to this agreement, and any and all template designs we may create as a result of this agreement.

12. ADVERTISING & MARKETING

Your website will bear a very discreet Lala For Business mark at the bottom of each page. We are proud of our work and love to show it off. If by some chance you don’t want your work shown in our socials, website or marketing, please let us know when signing these T+C’s. Privacy is paramount and is always respected.

13. Confidentiality

During the course of your website build, there’s going to be times where it’s going to be necessary for you to share proprietary information (industry knowledge, trade secrets, confidential info) with us in order for your website build to be completed in it’s full and final form. We will not share any of this info, and in legalese, we will not use it for our personal benefits or gains, even after we’ve completed the build and it’s safely in your hands. Any information you share with us is secured during the build, and once your website is finished, it’s archived safely using top-notch data storage and security measures.

14. the “legals”

If, during your build, we find that there are legal issues – for example but not limited to items you’ve supplied for us to use (copy, products, photography, etc) that are infringments upon copyright, licensing or usage laws/misleading or dangerous, we will refer the complainant back to you and will not be able to proceed until this issue is solved. We are not liable for any responsibility for intellectual property rights, copyrights or image licensing infringements, nor for misleading or dangerous information in any circumstances and cannot be held accountable for any debts or costs incurred because of this or because of any delays while the issue is being rectified by yourself.

15. TECH ISSUES

In the very rare case that we experience technical issues that are out of our control (including but not limited to hardware failure, software failure, loss of electricity) we will notify you immediately of the cause and give you an ETA on when we can resume work and if it will cause any delays in going live. If you experience technical issues or errors because you have attempted changes to your website yourself, we can fix it, but it will be at your cost. Price will be advised before we go ahead but after we have inspected and gauged the extent of the problem.

16. COVID

2020 gave us upheaval after upheaval as the pandemic started and took root, and the years following have been similar with the occurrence of outbreaks and mutated strains. It is because of these reasons that we included a Force Majeure clause in order to protect all parties involved. For now, we have decided to keep it in as it does protect both us and you in the case of the ongoing pandemic and other world-changing events.

17. force majeure

Neither Party will be liable to the other Party for failure to perform any of its obligations under this Agreement to the extent such performance is hindered, delayed or prevented by Force Majeure (except for failure to make payments hereunder). Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to an outbreak, disease, epidemic, pandemic, quarantine restriction, or other public health or government restriction or advisory, fire, floods, embargoes, war, acts of war (whether war is declared or not), insurrections, riots, civil commotions, strikes, lockouts or other labour disturbances, acts of God or acts, omissions or delays in acting by any governmental authority; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure. The parties shall mutually seek a resolution of the delay or the failure to perform as noted above.

18. WEBSITE MAINTENANCE PACKAGE ADD-ON

Your website needs regular maintenance for a number of reasons. Firstly, trends are always changing and it doesn’t take long before a beautiful website can begin to look dated. Secondly, websites that aren’t maintained regularly are more susceptible to hacking and having outdated plug-ins. This can lead to your website not functioning properly and cause your Google Rankings to drop dramatically. We offer maintenance packages to remove the stress and burden of managing your website,
so your time is free to focus on running and growing your business. Our maintenance packages focus on two things: keeping your software and plug-ins up to date, and adding new and updated content. The base package includes 3 hours of website maintenance per month, which is billed monthly. Billing is done at the end of the month and due to be paid by the 1st of the following month. We will begin maintenance on your website after receiving any copy that you want to update your website with, preferably by the following week. We will contact you midway through the month about how many hours you have remaining. The unused hours can be rolled over to the following month and expire after 6 months.
Total Cost: $210/month (ex. GST)

Phew! That’s everything – we know it’s been a massive read, and thank you so much for getting through it all.

It may be awkward, and it may have been pretty heavy in parts, but it does need to be said and protects both yourself and us in the aforementioned events, as well as outline our responsibilities to each other in the process of building your amazing website.

While our T+C’s look a little scary, we really want to assure you that they’re designed to protect both you and ourselves and keeps us all on the same page. We’d rather get the awkward talk out of the way and keep you informed about what rights and responsibilities you have towards us, and what rights and responsibilities we have
towards you from the start – and for us, it gives you a chance to ask any questions and open up a discussion about anything that might be a bit confusing. And never hesitate to ask – we love a good chat and we want you to be confident that you know exactly what you’re getting and that you’re looked after.