Terms & Conditions

1. Foundation

Introduction

• Welcome to Dygiphy! Dygiphy specialises in comprehensive digital services including website design, photography, graphic design, copywriting, hosting, and support services for Australian businesses.
• Please read these Terms and Conditions ("Agreement") carefully. By accepting a proposal, paying an invoice, or using our services, you agree to be bound by these terms.
• Your continued use of our services confirms your acceptance of any updates to this Agreement.

Definitions

• "Dygiphy", "we", "us", or "our": Refers to the service provider.
• "You" or "Client": Refers to the individual or entity engaging our services.
• "Services": All products and services provided by Dygiphy, including website design, development, photography, graphic design, copywriting, hosting, and support services.
• "Agreement": These Terms and Conditions.
• "Deliverables": All final outputs, materials, or services provided under this Agreement.
• "Project Proposal": The written document outlining scope, timeline, and costs for specific services.

Acceptance

• By accepting a proposal, paying an invoice, or using our services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
• Continued use of our services indicates your acceptance of any modified Terms and Conditions.

2. Financial Terms

Project Deposits and Payments

• A 50% deposit is required before Dygiphy commences work on website design, development, photography, or graphic design projects.
• This deposit is non-refundable once work has commenced.
• The remaining 50% balance is due before final deliverables are provided, or as specified in your project proposal.
• For ongoing services such as copywriting or consultation, payment terms will be specified in the individual project proposal.

Ongoing Service Fees

• Hosting, support, and maintenance fees are payable in advance according to your selected plan.
• All invoices must be paid within 7 days of the invoice date unless otherwise agreed in writing.
• Annual hosting renewals include an option to upgrade to support credit plans at discounted rates.
• Service renewals must be processed through the designated online portal or payment link provided to ensure automated provisioning and updating of account details.
• Manual invoicing is not available for standard hosting and support renewals as acceptance of the online Terms and Conditions is mandatory for continued service.

Late Payment

• Late or missed payments may result in project delays or suspension of services.
• We reserve the right to withhold or revoke deliverables until payment is received in full.
• Overdue accounts may incur a late payment fee of 2% per month on the outstanding balance.

Additional Expenses

• Any extra expenses (e.g., stock images, premium plugins, special licensing, travel, location fees) will be approved by you in writing before being incurred.
• These expenses will be clearly itemised on invoices with supporting documentation where applicable.
• You are responsible for reimbursing all approved costs.
• Additional costs resulting from client-caused delays, scope changes, or extended timelines will be invoiced accordingly.

3. Service Delivery

Project Timelines and Client Responsibilities

• Project completion depends on your timely feedback, provision of materials, and approvals.
• We are not responsible for project delays caused by you.
• You are liable for any extra expenses we incur due to your failure to meet agreed obligations.
• Feedback must be provided in writing. Delayed feedback may incur additional costs or project delays.

Scope Changes (Variations)

• All requests to alter the agreed scope of work must be in writing.
• We will provide a written response outlining any changes to fees or timelines.
• Variations may extend project timelines, alter deliverables, or affect fees.
• We reserve the right to charge for time spent assessing or implementing variation requests.

Work Approval and Rejection

Approval Process

• You will have the opportunity to review work during development or editing.
• Approval of our work signifies your acceptance of the deliverables as complete.

Rejection Criteria

• Rejection must be based on failure to meet the specifications set out in the project proposal.
• Subjective preferences alone are not valid grounds for rejection.
• If rejection is deemed unreasonable, we may terminate the Agreement and recover payment for completed work.
• We will make all reasonable efforts to rectify genuine issues within the agreed scope.

Warranty and Defect Reporting

Warranty Coverage

• Dygiphy warrants that all completed work will perform in accordance with the specifications set out in the agreed project proposal — and no more. The warranty does not extend to features, behaviours, or outcomes not explicitly documented in that specification.
• The warranty covers defects — meaning a measurable failure of a delivered feature to perform as specified. It does not cover dissatisfaction with design choices, content, or outcomes that were accepted at approval, or issues arising from third-party software, plugins, hosting infrastructure, or client-supplied content.
• Nothing in this warranty limits any right you may have under the Australian Consumer Law that cannot be excluded by agreement.

Defect Reporting Window

• All defect reports must be made in writing within 30 days of the relevant feature or deliverable going live or being delivered to you, whichever is earlier.
• Defects reported within this 30-day window that are confirmed as failures to meet the agreed specification will be remedied by Dygiphy at no charge.
• After the 30-day reporting window has elapsed, all remedial work — including work that may relate to the original specification — becomes billable at the prevailing casual support rate, regardless of the cause. This is because the elapsed time makes it impractical to reliably distinguish between original defects, content changes, third-party updates, and user-caused issues.
• The 30-day window begins from the date the deliverable is made available to you in a live or staging environment, regardless of whether you have actively used or reviewed it.
• You are responsible for reviewing all delivered work promptly and thoroughly within the reporting window. Delayed review does not extend the reporting period.

4. Website Design Services

Browser and Device Support

• Our pricing includes optimisation for mainstream browsers and devices at the time of development (used by at least 10% of users).
• Optimisation for obsolete or uncommon browsers or devices may incur extra fees.
• Mobile responsiveness is included unless otherwise specified.

Search Engine Optimisation

• We design your website to be discoverable by search engines, but do not guarantee specific rankings.
• Separate SEO services can be arranged under a different agreement.

E-Commerce Solutions

• All e-commerce features must be agreed upon in writing.
• You are responsible for compliance with laws regarding payment processing, taxation, data protection, etc.
• We are not liable for issues related to payment gateways, third-party service integrations, or regulatory compliance.

Project Specifications and Revisions

• If a detailed written specification is provided, the project is costed accordingly. Any changes or omissions once implemented are billed on a time and materials basis.
• If no formal specification is provided, design revisions beyond the quoted amount are billed separately.
• You must ensure you have the necessary permissions and rights for any content, images, or media you provide.

Website Signature and Uptime Monitoring

• All websites designed by Dygiphy include a discrete 'site by dygiphy' signature logo placed in the footer area of the website.
• This signature contains specific technical markup that serves as a monitoring signature for Dygiphy's automated uptime monitoring systems.
• The uptime monitoring service is provided as part of Dygiphy's ongoing website maintenance and support services, helping ensure your website remains accessible and performs optimally.
• If you remove, obscure, modify, or relocate the website signature, you acknowledge that:
  • Dygiphy's uptime monitoring service will be automatically discontinued
  • Associated performance monitoring and proactive maintenance alerts will cease
  • Dygiphy will no longer be responsible for monitoring website performance, availability, or uptime
  • Any hosting service level expectations related to uptime monitoring may be affected
• Restoration of uptime monitoring services after signature removal requires re-implementation of the monitoring signature and may incur additional charges.
• The website signature and monitoring markup remain the intellectual property of Dygiphy and are licensed for use as part of the website design service.

5. Photography Services

Image Rights and Usage

• Upon full payment, you receive a non-exclusive, non-transferable licence to use final images as agreed.
• Unless otherwise agreed in writing, we retain copyright to all images.
• You may not resell or redistribute images without our prior written consent.
• We reserve the right to use images for our own promotional purposes unless otherwise agreed.

Photoshoot Logistics

• You are responsible for obtaining any necessary permissions, permits, or releases for photoshoot locations and subjects.
• Appropriate model or property releases must be secured where relevant.

Rescheduling and Cancellation

• Rescheduling must be requested at least 48 hours in advance.
• Cancellations less than 48 hours prior may result in forfeiture of the deposit.
• Dygiphy reserves the right to reschedule due to unforeseen circumstances (e.g., severe weather, equipment failure) and will notify you promptly.
• Weather-related rescheduling for outdoor shoots will not incur additional charges.

6. Graphic Design and Copywriting Services

Design Rights and Usage

• Upon full payment, you receive a non-exclusive licence to use final design materials for their intended business purpose.
• Unless otherwise agreed in writing, Dygiphy retains copyright to all original design elements and creative works.
• You may not resell, redistribute, or sublicense design materials without prior written consent.
• Source files (e.g., Adobe Creative Suite files) remain the property of Dygiphy unless specifically included in the project agreement.

Content Creation and Copywriting

• All copywriting and content creation is based on information, materials, and direction provided by you.
• You are responsible for reviewing and approving all written content before publication or final delivery.
• Dygiphy is not liable for factual errors in content based on information you have provided.
• You warrant that all information provided is accurate, legal, and suitable for the intended purpose.

Revisions and Modifications

• The number of included revisions will be specified in your project proposal.
• Additional revisions beyond the agreed amount will be charged at the prevailing hourly rate.
• Major changes in creative direction or scope may require a new project proposal and additional costs.
• Rush jobs or expedited timelines may incur additional fees as specified in the project proposal.

7. Hosting Services

Hosting Plans

• All hosting fees are payable in advance according to your chosen plan.
• While Dygiphy strives for high uptime, uninterrupted service is not guaranteed due to factors beyond our control.
• If you migrate to another provider or engage a third-party developer, hosting and support services may be terminated immediately.
• Dygiphy may update or modify hosting services with reasonable notice to improve performance or security.

Service Level Expectations

• Dygiphy aims for 99.9% uptime but does not guarantee uninterrupted service.
• Scheduled maintenance will be performed during off-peak hours where possible, with advance notice provided.
• Emergency maintenance may be performed without notice to address security or performance issues.
• Service credits are not provided for downtime caused by factors outside Dygiphy's control.

Email Services

• Server-side email support is provided as part of hosting services.
• You are responsible for configuring your own devices and email software.
• Security measures such as spam filters and firewalls may be in place; compliance with these measures is required.
• Misuse of email services, including spam or malicious activity, may result in immediate suspension.
• Email storage limits and bandwidth restrictions apply as specified in your hosting plan.

Software Updates and Security

• Regular software updates are essential for security and performance of hosted websites.
• Updates may be performed automatically for critical security patches to protect all hosted sites.
• Major updates requiring client approval will be offered during hosting renewals with associated costs outlined.
• Dygiphy is not liable for security vulnerabilities or performance issues arising from outdated software you choose not to update.
• Custom modifications may be affected by updates; additional charges may apply to restore or modify custom functionality.

Domain Names

• If Dygiphy manages your domain name, renewals and technical DNS changes are handled as part of hosting services.
• If you manage your own domains externally, additional support may be required and charged separately.
• You retain full ownership of domain names registered on your behalf.
• Dygiphy is not liable for domain availability, disputes, or issues arising from external domain management.
• Domain transfer procedures must be initiated by you and may require additional verification steps.

8. Support Services

Support is a Chargeable Service

• All support services provided by Dygiphy are chargeable. There are no free support services. Unless a specific exemption is explicitly stated in writing in a signed project proposal or service agreement, every support request will be billed.
• Support is billed either at the prevailing casual hourly rate in 15-minute increments, or at the discounted pre-purchased support credit rate in 5-minute increments. Both rates are available on request and are set out in your hosting or support plan documentation.
• By submitting a support request, you acknowledge that you have read and understood this clause and that you accept the applicable charges. Submission of a support request constitutes agreement to pay for the time spent addressing it.
• If you are uncertain whether a request will incur charges, ask before submitting. Dygiphy will advise you of the likely cost before proceeding where practicable.

Service Scope

• Dygiphy provides technical support for websites, applications, and services that have been developed or are maintained by Dygiphy.
• Support services include website functionality assistance, content management system support, troubleshooting, and guidance on services originally provided by Dygiphy.
• Support does not include client-side technical assistance for personal computers, mobile devices, or software not directly related to Dygiphy's services.
• Support is limited to products and services originally provided by Dygiphy and may not extend to third-party modifications or integrations.

Support Credits

• Support credit can be purchased in bulk at significantly discounted hourly rates compared to casual billing.
• Support credits do not expire as long as you continue hosting with Dygiphy and maintain current hosting fees.
• Support credits are non-refundable except in the event that Dygiphy ceases trading, in which case unused credits will be refunded in full.
• Support credit holders benefit from more precise billing in 5-minute increments rather than standard 15-minute blocks.

Response Times and Availability

• Support requests are handled during standard Australian business hours unless otherwise agreed in the service agreement.
• Dygiphy aims to respond to support requests within 2 business days, though response times may vary based on complexity and current workload.
• Urgent support requests may be prioritised based on the severity of the issue and impact on business operations.
• Support response times are targets, not guarantees, and may vary based on the nature and complexity of the request.
• Emergency support outside business hours may be available for critical hosting issues affecting website availability.

Support Limitations

• Support does not include training on third-party software, general computer literacy assistance, or troubleshooting of personal devices.
• Dygiphy is not responsible for issues caused by unauthorised third-party modifications, plugins, or integrations not implemented by Dygiphy.
• Support for legacy systems, discontinued services, or severely outdated technology may be limited or unavailable.
• Additional charges will apply for support requests that fall outside the originally agreed scope of service, require extensive research, or involve third-party systems not originally implemented by Dygiphy.
• Support does not include data recovery from external sources or recovery of data not backed up through Dygiphy's systems.

9. Rights and Responsibilities

Intellectual Property Rights

• Dygiphy retains all intellectual property rights in original materials, methodologies, and creative works developed before or during the provision of services, unless otherwise agreed in writing.
• Upon full payment, you are granted a perpetual, non-exclusive licence to use the final deliverables for their intended business purpose.
• You may not reproduce, resell, sublicense, or distribute the deliverables to third parties without Dygiphy's prior written consent.
• Source files, development tools, and proprietary methodologies remain the exclusive property of Dygiphy unless specifically transferred in the agreement.
• Any pre-existing intellectual property you provide remains your property, though you grant Dygiphy licence to use it for the agreed project purposes.

Data Protection and Privacy

• Dygiphy collects and processes personal information in accordance with Australian Privacy Principles and applicable data protection laws.
• You are responsible for ensuring any personal data you provide has been collected lawfully and with appropriate consent from data subjects.
• In the event of a data breach affecting your services, Dygiphy will notify you promptly and take appropriate remedial action in accordance with legal requirements.
• You retain ownership of your content and data; Dygiphy acts as a processor under applicable data protection regulations.
• Data backup and recovery services are provided as specified in your hosting plan, though you remain responsible for your own data security measures.

Confidentiality

• Both parties agree to keep confidential any proprietary or sensitive information disclosed during the project.
• This obligation continues beyond the termination of this Agreement.

Client Responsibilities

• You must provide timely feedback, materials, approvals, and access as required for project completion.
• You are fully responsible for the accuracy, legality, and appropriateness of all content, materials, and information you provide.
• You must ensure you have all necessary permissions, rights, and licences for any content, images, or media you provide for use in the project.
• You are responsible for maintaining backups of your own data and files not stored within Dygiphy's hosting environment.
• You must promptly notify Dygiphy of any changes to your contact information, business circumstances, or project requirements.
• You are responsible for compliance with all applicable laws and regulations relating to your business and the use of services provided.

10. Service Management

Communication

• All formal communications, project variations, and approvals must be provided in writing via email to ensure clear documentation.
• Dygiphy will acknowledge receipt of important communications within 2 business days during normal business operations.
• You are responsible for maintaining current and accurate contact information with Dygiphy.
• Verbal instructions or approvals must be confirmed in writing to be considered valid for project changes.
• Emergency communications outside business hours should be clearly marked as urgent in the subject line.

Client Conduct Standards

• Both parties agree to communicate professionally, constructively, and respectfully throughout the engagement.
• Dygiphy is committed to delivering services to the standards described in this Agreement and will address genuine service failures promptly and in good faith.
• Complaints and concerns must be specific, provided in writing, and reference the agreed project specifications or service standards set out in this Agreement. A complaint that cannot be linked to a measurable failure to meet those agreed standards is not considered a valid complaint under this Agreement.
• Subjective dissatisfaction, general expressions of unhappiness, or complaints relating to matters outside the agreed scope of services do not constitute valid service complaints and are not grounds for withholding payment or requesting remedial work.
• A persistent pattern of repeated unsubstantiated complaints — meaning complaints not supported by evidence of a failure to meet the agreed specifications — places an unreasonable burden on the service relationship and on Dygiphy's ability to deliver services effectively.
• Using the complaints process, or expressions of dissatisfaction, as a mechanism to avoid or dispute payment for services where the applicable charges were clearly communicated in this Agreement or in a written project proposal prior to those services being provided is not a valid complaint and constitutes bad faith conduct.
• Requesting paid services — including but not limited to support, maintenance, or consultation services explicitly described as chargeable in this Agreement — without acknowledging their chargeable nature, and subsequently disputing invoices for those services, constitutes deliberate non-cooperation. This applies regardless of a claim of not knowing the services were chargeable, given that charges are set out clearly in this Agreement which you agreed to prior to engaging those services.
• By engaging any support, maintenance, or consultation service provided by Dygiphy, you acknowledge that you have been informed of the applicable charges and that your request for that service constitutes agreement to those charges.
• Before invoking any termination right on the basis of conduct, Dygiphy will issue a formal written warning identifying the specific conduct of concern and allow a reasonable period for the conduct to be remedied.

Subcontracting

• Dygiphy reserves the right to subcontract any portion of the Services to qualified third-party providers when beneficial for project delivery.
• All subcontractors will be appropriately qualified and experienced to perform their assigned tasks.
• Dygiphy remains fully responsible and liable for all subcontracted work and deliverables.
• Subcontractors are bound by the same confidentiality and quality standards as Dygiphy.
• You will be notified if subcontracting significantly affects project delivery or if you have specifically requested otherwise.

Force Majeure

• Neither party is liable for delays or failures to perform due to circumstances beyond reasonable control, including natural disasters, government actions, pandemics, cyber attacks, or technical failures of essential third-party services.
• Dygiphy will notify you promptly of any force majeure events that may affect your services or project timelines.
• Both parties will make reasonable efforts to minimise the impact of such events and resume normal service as quickly as possible.
• If force majeure events continue for more than 30 days, either party may terminate the affected services with reasonable notice.

Termination of Services

Termination by Dygiphy

Dygiphy may terminate services immediately if you:

• Impede or repeatedly delay project progress without reasonable justification
• Materially change the project scope without proper written agreement and payment adjustment
• Engage in unacceptable behaviour including harassment, abuse, deliberate non-cooperation, or a persistent pattern of unsubstantiated complaints as described in the Client Conduct Standards section above, following a formal written warning
• Repeatedly request services explicitly described as chargeable in this Agreement and subsequently dispute or refuse to pay invoices for those services without valid grounds, following a formal written warning
• Fail to pay invoices within the specified timeframe after reasonable notice
• Breach any other material term of this Agreement after being given reasonable opportunity to remedy

Termination by Client

• You may terminate services at any time by providing reasonable written notice.
• All fees for work completed up to the termination date become immediately due and payable.
• Deposits are non-refundable regardless of the reason for termination.
• You remain liable for any additional costs or expenses incurred up to the termination date.

Consequences of Termination

• Dygiphy is not liable for any damages or losses arising from termination resulting from your breach or failure to meet contractual obligations.
• All licences and rights granted to you under this Agreement are immediately revoked until full payment is received for all services provided.
• You remain responsible for all outstanding payments and any additional costs incurred up to the termination date.
• Termination does not affect any accrued rights or liabilities of either party prior to the termination date.

Changes to Terms and Conditions

• Dygiphy may modify these Terms and Conditions at any time to reflect changes in services, legal requirements, or business practices.
• You should review the current Terms and Conditions before each service renewal or new project commencement.
• Continued use of services after changes are published indicates your acceptance of the updated terms.
• Significant changes affecting existing service agreements will be communicated with reasonable advance notice where practicable.

11. Legal Framework

Limitation of Liability

• We are not liable for indirect, incidental, or consequential damages, including lost profits or data.
• Our total liability is capped at the total fees paid by you for the specific service giving rise to the claim.
• You agree to indemnify us against any third-party claims arising from the materials you provide or your use of the deliverables.

Disclaimer

• We exclude all express or implied warranties and representations to the fullest extent permitted by law.
• Nothing in this Agreement excludes, restricts or modifies consumer guarantees or other rights and remedies that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
• To the extent permitted by law, any liability that cannot be excluded is, at our option, limited to re-supply of the services or the cost of re-supply.

Dispute Resolution

• In the event of a dispute, both parties agree to first attempt resolution through good faith negotiation.
• If negotiation fails, disputes will be submitted to mediation before proceeding to litigation.
• The costs of mediation will be shared equally between the parties.

Governing Law

• This Agreement is governed by the laws of Victoria, Australia.
• Disputes are subject to the exclusive jurisdiction of the courts of Victoria.
• The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Severability

• If any provision is found unenforceable, the remaining provisions remain effective.
• The unenforceable provision will be replaced with a valid one that closely matches its original intent.

Entire Agreement

• These Terms and Conditions constitute the entire agreement between us and you, superseding all prior discussions.
• Any amendments must be made in writing and signed by both parties.

By engaging Dygiphy or paying any invoice, you confirm having read, understood, and agreed to these Terms and Conditions.