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Service Terms & Agreement

Apex Studio provides Digital Design & Content services including Shopify Store Setup, Personalising Shopify Themes, Professional Branding, Web Content Generation and Optimised Copywriting.

Below is our standard agreement between the client (hereafter “the client” or “you”) and; Apex Studio (also “the agency”) with a principle place of business in Brisbane, Australia.

Section 1 / Definitions

  1. Deliverables. Includes all design work and service performed by Apex Studio for the client.
  2. Website Requirements. An order form received by the client upon purchase of our services indicating all desired design project objectives including aesthetic, brand, performance, sitemap, target audience and any other desired objective.
  3. Delivered Store. All work specified under ‘Deliverables’ or under a sub phase in Deliverables.

Section 2 / Statement of Work

Apex Studio agrees to complete the deliverables specified on our product page and within the Website Requirements collected once an order has been placed. If the requirements specified within the Website Requirements are left undefined, the agency will complete work agreed to by both parties in email or text correspondence.

Section 3 / Deliverables

You agree to provide clear Website Requirements to Apex Studio at the beginning of all services, which both parties will agree to before the commencement of work. This will be done via an order form to be completed by the client after an order is placed.

Upon completion of the service, the agency will allow you to provide feedback, in order to deliver a result which satisfies you.

To that end, you agree to have paid the agency for completed work notwithstanding your subjective feelings about the final outcome; However,
Apex Studio will provide, within reason, revisions to a delivered package of work should you be unsatisfied with the initial result, as long as this constitutes no change to the Website Requirements.

It is normal during design work that substantial new information can come to light which increases the scope and complexity of a project, or that the client might change their mind, or that the client might disclose some important information which was previously unmentioned. In this case, the agency retains the right to renegotiate the terms of the delivery in the agreement; However; a review of the submitted Website Requirements via the order form aims to mitigate against this, and the agency recommends that you provide as much information about the project as early as possible.

Apex Studio requires at least 3 full day to review a submitted order form and respond to any information that requires further clarification. Upon the commencement of a project, 5 full days are required for the completion of work. Additional days may be required depending on how much feedback the client provides upon delivery.

Urgent work can be completed for the client at short notice and after hours, at 1.5 times the usual fee rate. The agency will alert the client of any extra fees and obtain agreement for this work prior to doing any work at the higher rate.

After the completed store has been delivered, Apex Studio cannot be held responsible for any changes made to the Shopify theme code by the client, a third party or another service provider.

In the unlikely scenario that Apex Studio cannot deliver a store due to the agency's inability to commence or complete a project, a refund to the client will be issued.

Section 4 / Intellectual Property

Apex Studio cannot take any responsibility for any breach of copyright, trade marks, design registration, intellectual property, whether in Australia or overseas, made through the delivery of services for the client. The agency does not offer the professional service of trade mark search, patent search or legal advice, and recommends you retain professional services to this end. 

Section 5 / Indemnity And Risk

The aim of Apex Studio’s work is to ensure that UX (User Experience) and UI (User Interface) are desirable and valuable to the client’s target audience, however, final assessment for the value of any work remains the responsibility of the client.

Section 6 / Governing Law

This agreement will be governed by and construed in accordance with the laws of the state or territory of Queensland, Australia.

Any provision of, or the application of any provision of this Agreement which is prohibited in any jurisdiction is, in that jurisdiction, ineffective only to the extent of that jurisdiction.

Any provision of, or the application of any provision of this Agreement which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.