Terms and Conditions
1. Introduction
These Terms & Conditions (“Terms”) govern the provision of services by David Ong Design Studio (“the Studio”, “we”, “us”) to you (“the Client”, “you”). By engaging our services you agree to be bound by these Terms.
2. Scope of Services
We agree to provide the services as described in our proposal, quotation or invoice (“Services”). Any additional services beyond the scope must be agreed in writing and may incur additional charges.
3. Fees, Invoices & Payment Terms
3.1 We will issue an invoice for the Services as set out in the proposal or quotation.
3.2 Payment shall be made in accordance with the payment schedule specified in the invoice (e.g., deposit, milestone payments, final payment).
3.3 No work will be carried out until full payment of the amount stated in the invoice has been received and confirmed.
3.4 If payment is not made by the due date, we reserve the right to withhold delivery of the Services, suspend work in progress, or cancel the project entirely until payment is received in full.
4. Timeline & Client Responsibilities
4.1 We will agree a project timeline or schedule with you. We will use reasonable endeavours to meet deadlines, but any dates provided are estimates only.
4.2 You agree to provide us with all necessary content, approvals, materials, and feedback in a timely manner. Delays caused by you may result in changes to the timeline or additional charges.
5. Revisions & Amendments
5.1 During the design phase, we offer the number of revisions specified in our proposal. Additional revisions may incur extra fees.
5.2 Major changes in scope (e.g., redesign, additional pages, new features) will be subject to a separate quotation and additional charges.
6. Deliverables & Ownership
6.1 Upon full payment of all amounts due, we will transfer to you the agreed deliverables (e.g., website files, book files) and grant you the rights specified in our proposal.
6.2 Until full payment is received, we retain ownership of all creative work, deliverables, source files, and rights associated with the Services, and may withhold their release.
6.3 You warrant that all content you provide is your own or you have the right to use it, and that it does not infringe any third-party rights.
7. Hosting, Maintenance & Support
7.1 Unless otherwise agreed, basic support or hosting services are provided for the first year free (depending on package), after which a separate maintenance agreement may be required.
7.2 We are not responsible for downtime, defects or issues caused by third-party hosting providers, software updates, or changes you make after hand-over.
8. Cancellation & Termination
8.1 Either party may terminate the agreement in writing if the other party breaches a material term and fails to remedy that breach within 14 days after written notice.
8.2 If you cancel the project after work has commenced, you remain liable for payment of work completed and costs incurred up to the date of cancellation.
9. Limitation of Liability
9.1 Our liability for any claim in respect of the Services (whether in contract, tort or otherwise) will be limited to the total amount of fees paid by you for the relevant Services.
9.2 We will not be liable for any indirect or consequential losses, loss of profit, loss of business, or loss of data.
10. Confidentiality
10.1 Each party agrees to keep confidential any non-public information received from the other party in connection with the Services.
10.2 The obligation of confidentiality does not apply to information which is or becomes public without breach, or which is required to be disclosed by law.
11. Intellectual Property Rights
11.1 Except as set out in Clause 6 above, all intellectual property rights in the creative work produced by us remain with the Studio until full payment is received and rights are formally transferred.
11.2 You may not reproduce or permit third parties to use our work except as expressly permitted under the agreement.
12. Warranties & Indemnities
12.1 We warrant that our Services will be performed with reasonable skill and care.
12.2 You indemnify us against any claim, damage or liability arising from your breach of these Terms, your content, or your misuse of the deliverables.
13. Force Majeure
Neither party will be liable for any delay or failure to perform its obligations where such delay or failure is caused by events beyond its reasonable control (e.g., natural disasters, strikes, pandemics, internet outages).
14. Governing Law & Dispute Resolution
14.1 These Terms are governed by the laws of Singapore.
14.2 Any disputes shall first be referred to negotiation between the parties. If unresolved within 30 days, you agree to submit the dispute to mediation. Failing resolution by mediation, the matter may proceed to arbitration or court as agreed.
15. Amendments to Terms
We may revise these Terms from time to time. We will notify you of any changes and your continued engagement of our Services constitutes acceptance of the revised Terms.
16. Acceptance
By making the required payment and engaging our Services, you confirm that you have read, understood and agree to be bound by these Terms & Conditions.