Terms & Conditions

Welcome to eSharp. These Terms and Conditions (“Terms”) govern your use of our design and marketing services, including web design, graphic design, and digital marketing services. By engaging our services, you agree to comply with and be bound by the following terms.

1. Services

We provide a range of services, including but not limited to:

Web Design and Development: new website design, website redesign, website maintenance, and related services.

Graphic Design: Logo design, branding, print materials, and other graphic design services.

Digital Marketing: Google Ads management services, Meta Ads management services, and other digital marketing services.

2. Service Agreement

2.1 Web Design

2.1.1 Responsibilities: The Designer will ensure that all design services are provided within an agreed timeframe and to a professional standard. The Client shall arrange for reasonable access to relevant individuals and documents and shall be responsible for the completeness and accuracy of the information supplied. Essential design materials, including specific images and videos, are to be supplied by the Client prior to commencement of the work. Delays in delivery of content will extend the time taken to complete the development.

2.1.2 Revisions Entitlement: The client has a maximum of three rounds of revisions available to reach the final design. If additional revision is required, additional charges will be at an hourly rate specified. Definition of one round of revisions: once a design draft is presented, the client has 5 days to provide feedback in writing. Once all of the comments, ideas, and questions are consolidated and we provide a new version, that’s the end of that round of revision. Each revision request should be specific and clear to ensure efficient processing.

2.1.3 Web Design Standard Warranty

At eSharp, we provide all our customers with a web design service warranty of 3 months. During the warranty period, we help our clients resolve the technical issues that may occur on their websites, which include:

Broken links
Website error messages
System loading problems
Website contact forms not working
Problems with website videos playing
Problems with image rendering
Browser compatibility problems
Responsive website issues
Major decreases in site speed
Website crashing issues
Website not loading issues
SSL certificate issues

Website warranty exclusions:

The warranty is forfeited if the website design, CSS or code is edited by anyone other than eSharp
Problems or errors arising with or caused by third-party integrations, servers or software
Problems or errors arising with or caused by customer error
Website development work that was not listed in the customer contract/scope of work
Redesign of the website or upgrades
Website content changes
Website marketing or search engine optimization
Website analytics

2.1.4 Extended Warranty with Maintenance Plan:
Customers who choose to subscribe to our website maintenance plan will receive a 24-month extended service warranty. The extended warranty covers the same issues as the standard warranty and provides continuous support for the covered period as long as the maintenance plan is active.

Key Terms and Conditions

Scope of Coverage:
- Covers bugs, broken links, and warnings related to the original design and development.
- This does not cover redesign requests, new feature development, or issues caused by third-party services (e.g., plugins, and hosting issues).
Maintenance Plan Subscription:
- The extended 24-month warranty remains active only while the customer maintains an active subscription to the maintenance plan. If the plan is cancelled, the extended warranty will terminate.
Service Exclusions:
- Major redesigns, new features, SEO services, or marketing elements are not included in the warranty but can be requested as additional services.
Third-Party Issues:
- Issues caused by third-party updates (e.g., plugin or API changes) are not covered unless explicitly agreed upon in the maintenance plan.

2.1.5 Maintenance and Training

Website maintenance is not included in the web design package. Should a client require website maintenance service, please order our monthly website maintenance package.

All changes and updates not included in the web design package may be charged at an hourly rate. Any changes to the site post-completion will be charged at an hourly rate. Minor changes will be assessed and provided free of charge or quoted at the hourly rate. If the client or a third party makes changes to the site without the knowledge of eSharp, and adjustments or reinstatement is requested to eSharp, then a quote for the changes at an hourly rate will be supplied.

Training for website maintenance is not included in the web design package, however, should a client require training an hourly rate will be charged.

2.1.6 Confidentiality: All terms, conditions, and materials provided during the term of the Agreement must be kept confidential by the Designer unless required by law. Unauthorized disclosure or use of this information is expressly forbidden without prior consent.

2.1.7 Intellectual Property: The Designer will utilise web content material that may be subject to trademark or copyright. These items are warranted by the Client as having the appropriate approvals and consent from the parties owning that content. Any intellectual property owned by the Designer used in the project remains the intellectual property of the Designer and may only be reproduced or copied with the consent of the Designer.

2.1.8 Authorization: The Client authorizes the Designer to record the name of the web design company, “eSharp”, on the base of the home page in small print.

2.2 Graphic Design

2.1.1 Responsibilities: The Designer will ensure that all design services are provided within an agreed timeframe and to a professional standard. The Client shall arrange for reasonable access to relevant individuals and documents and shall be responsible for the completeness and accuracy of the information supplied. Essential design materials, including specific images and brand guidelines, are to be supplied by the Client prior to commencement of the work. Delays in delivery of content will extend the time taken to complete the development.

2.1.2 Revisions Entitlement:

Unlimited revisions are offered for all graphic design projects, including but not limited to logos, brochures, business cards, social media graphics, and report designs.

A revision is defined as a modification or alteration to the existing design concept. This includes changes to text, color, layout, and imagery as requested by the client.

Revisions do not include the creation of new design concepts or starting from scratch after a concept has been approved. If a new design concept is required, it will be treated as a new project and billed accordingly.

Definition of one round of revisions: once a design draft is presented, the client has 5 days to provide feedback in writing. Once all of the comments, ideas, and questions are consolidated and we provide a new version, that’s the end of that round of revision. Each revision request should be specific and clear to ensure efficient processing.

Limitations of unlimited revisions:

Unlimited revisions are provided within the scope of the original project brief. Requests that significantly deviate from the original brief or require substantial changes will be evaluated on a case-by-case basis and may incur additional charges.

The unlimited revisions offer is valid for a period of 30 days from the delivery of the initial design draft. After this period, any further revisions will be billed at the standard hourly rate.

2.2.3 Approval and Final Delivery

Once the client approves the final design, any subsequent changes will be considered additional work and may incur extra charges.

Final design files will be delivered in the agreed-upon formats after client approval.

File Retention: Upon completion of the project and final files provided, the client is responsible for downloading and saving all design files promptly. We will retain the files for a period of 30 days after completion. After this period, we will not be responsible for storing or providing access to the design files.

2.2.4 Proofreading Liability

The client is responsible for thoroughly reviewing all text and content within the design for any spelling, grammar, and typographical errors before the final approval. The client’s approval of the final design signifies that all text and content have been reviewed and are free of errors.

While the designer may point out obvious errors, the primary responsibility for proofreading lies with the client. The designer will implement revisions based on the client’s instructions, including corrections of any errors identified by the client.

The designer is not liable for any spelling, grammar, typographical, or content errors that are present in the approved design. It is the client’s responsibility to ensure that all content is accurate and complete before giving the final approval. Any errors or discrepancies identified after the finalisation of the design will be corrected free of charge if it is our designers’ mistake. However, it is essential for the client to print a proof sample for confirmation before proceeding with mass production.

The client agrees to indemnify and hold the designer harmless from any claims, costs, or expenses resulting from any errors or omissions in the final approved design. By approving the final design, the client acknowledges that they have reviewed and are satisfied with the accuracy and completeness of all text and content.

We will not be liable for any losses or damages incurred due to printing errors or issues in the final printed products. It is the client’s responsibility to ensure the accuracy of the final design before authorizing mass production.

2.1.5 Confidentiality: All terms, conditions, and materials provided during the term of the Agreement must be kept confidential by the Designer unless required by law. Unauthorized disclosure or use of this information is expressly forbidden without prior consent.

2.1.6 Intellectual Property: The Designer will utilise web content material that may be subject to trademark or copyright. These items are warranted by the Client as having the appropriate approvals and consent from the parties owning that content. Any intellectual property owned by the Designer used in the project remains the intellectual property of the Designer and may only be reproduced or copied with the consent of the Designer.

2.3 Digital Marketing

2.3.1 Purpose and Scope: The engagement of eSharp is to provide Google Ads and Meta Ads Pay Per Click Advertising Services (PPC) as described in this Agreement. eSharp will target specific keywords and audiences to direct traffic to the client’s website. By entering into this agreement, you give us permission to access your Google Ads and Meta Business Manager account for the purposes of managing and optimising your Google and Meta advertising. This engagement is limited to one website and one business entity.

2.3.2 Account Setup: The account setup services will include:

Setting up new Google Ads account and Facebook Business Account if required
Google conversion tracking and Facebook pixel setup
Creating Google Analytics account and Google Tag Manager account if required
Linking to Google Analytics with Google Ads
Review and suggestions on the landing page design
Keyword research, audience research, and competitor analysis
Writing ad copies
Setting up new campaigns
Creating bidding strategy

2.3.3 Ongoing Management: eSharp’s PPC Services will include (but not limited to):

Researching keywords and phrases to select appropriate, relevant search terms.
Writing, A/B testing, and continuously improving ad copies.
Analysis and recommendations on optimal targeting audiences based on interests, demographics, interaction with your website, etc.
Review and refine the campaigns on an ongoing basis to improve click-through rate, improve quality scores, save on cost per click, maximize conversions, and optimize the PPC investment.
Monitoring and analysis of your competitors’ ranking to apply appropriate bidding strategy.
Monthly reporting.

2.3.4 Timeframe for Initial Setup: eSharp endeavors to set up your PPC campaigns as quickly as possible. The normal time required is 7 to 10 business days. The timeframes we prescribe are reliant upon your full cooperation for the supply of final materials and information. The client will be required to review and approve certain aspects of the campaign setup to progress the campaign to subsequent phases. eSharp takes no responsibility for the Client’s inaction or not approving ad copy, ad design, keywords, or budgets for their PPC campaigns.

2.3.5 Approval of PPC Campaigns: On completion of the initial setup of the client’s PPC campaign, the client will be notified in writing and will have the opportunity to review the PPC campaign details. The client can notify eSharp in writing of any unsatisfactory information within 7 days of the notification. Any information not deemed to be unsatisfactory within the 7-day review period will be deemed to be approved.

2.3.6 Responsibilities and Disclaimers: For the purposes of receiving professional PPC services, the client agrees to provide the following:

Administrative/backend access to the website for installation of the tracking codes and analysis of user interaction with the website.

Administrative access to the Google Analytics, Google Tag Manager, Facebook Business, Facebook page accounts (we will create the accounts for you if you haven’t got them set up before).

Unlimited access to existing website traffic statistics for analysis and tracking purposes.

Providing feedback on the leads and sales for refinement of the campaigns.

Authorisation to use client pictures, logos, trademarks, website images, pamphlets, content, etc., for any use as deemed necessary for PPC advertising purposes.

The client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to eSharp for inclusion in the ads or on the website above are owned by the client, or that the client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend eSharp and its subcontractors from any liability or suit arising from the use of such elements.

As a fully certified Google partner, eSharp will ensure that all services are provided to a professional standard, and we will endeavor to drive the best possible marketing results for the client. However, the client acknowledges that eSharp makes no guarantee that PPC will provide any increase in sales, business activity, profits, or any other type of improvement to the client’s business because the final results depend on many factors that are beyond our control.

To the fullest extent permissible by law, eSharp will not be held liable to the client for any damages, including without limitation any direct, indirect, special, punitive, incidental, or consequential damage (including but not limited to damages for loss of business profits, business interruption, loss of information, loss of profits or goodwill or loss of use of facilities or equipment), or any other damages.

The client agrees to indemnify and hold harmless eSharp, its affiliates, subsidiaries, agents, officers, and other partners and its respective employees from and against all damages, liabilities, actions, causes of action, claims, suits, losses, demands, costs, and expenses (including without limitation reasonable legal fees, disbursements, and court costs) arising from or in connection with the client’s information, and the client’s use of eSharp’s PPC services.

2.3.7 Confidentiality: In conducting this engagement, information acquired by both parties during the engagement is subject to strict confidentiality requirements. The marketing cost, ad spend, and sales data will not be disclosed to other parties except as required or allowed for by law, or with your express consent. All fees, services, documents, recommendations, and reports are confidential.

2.3.8 Authorisation: The client authorises eSharp to record the PPC performance data such as but not limited to changes in CTR (click-through-rate), changes to conversion rate, changes to CPC (cost per click), ad creatives associated with the above, etc., which may be used and retained by eSharp for the purposes of delivering better services, case study, or marketing.

2.3.9 Fees: The client understands that there are various costs involved in undertaking this Google and Meta advertising PPC service.

Setup Fee: Paid to eSharp in the amount confirmed in the proposal before work commences.
Weekly or Monthly Agency Management Fees: Paid to eSharp in advance on a weekly or monthly basis in the amount confirmed in the proposal.
Monthly Advertising Spend: Charged by Google Inc. and Meta directly. Please refer to the information provided by Google and Meta.
New campaign setup fee: The new campaign setup is not included in the management services. It is charged at $150 per new campaign.

The client agrees to pay for any additional services which are not included as part of this PPC Service Agreement including but not limited to website changes, landing page design, ad creatives design, 3rd party software, stock images, video edits, or other unrelated expenses. The client can be charged an additional fee for constructing agreed content based on the hourly rate of $100/hr to $150/hr plus GST (depends on the level of skills required) or as otherwise quoted.

The PPC services will begin when the first payment is received.

2.3.10 Temporary Pause of the Campaigns: To get the best results, we don’t recommend pausing the campaigns from time to time. Having a consistent bidding strategy on Google or Meta is essential to maximize your reach and conversion. Refunds are not applicable if you prefer to pause the campaign for a few days during the week. For some B2B campaigns, we may recommend running the campaigns from Monday to Friday. Note that management fees remain the same because the same amount of work is required.

2.3.11 Client Responsibilities for Third-Party Platform Payments:

It is the client’s responsibility to ensure that all payments to third-party platforms, such as Google and Meta, are made promptly and smoothly. If any campaigns are paused by these third-party providers due to payment issues, eSharp will not be held responsible for any disruptions or consequences resulting from these pauses.

Please note that our management fees are non-refundable, regardless of any issues arising from third-party payment failures. As the billing user, clients will receive notifications directly from the third-party providers regarding payment issues or any required actions. It is the client’s responsibility to address these issues as soon as possible. eSharp does not assume the responsibility to remind clients about payment issues. However, we may send a reminder if the issue remains unresolved for an extended period.

3. Level of Support

Unlimited Email Support: We are committed to responding to all our clients’ emails as soon as possible. The normal response time is within one business day. In rare situations, there might be delays. If you don’t hear back from us within 2 business days, please resend your email. It is most likely your email was not delivered.

WhatsApp Support: We offer support through WhatsApp for both urgent inquiries and normal communication. You can reach out to us via WhatsApp during our business working hours. Our goal is to respond within one hour for urgent inquiries and within two hours for normal communication.

Emergency Phone Support: Although email is the best way to contact us, we provide phone call support in urgent situations.

Regular Zoom Meetings: A complementary one-hour quarterly meeting is included for premium plans. A complimentary one-hour monthly meeting is included for ultimate plans. It is charged at $150/hour plus GST for standard and enhanced plans if required.

4. Payment Policy

We offer the following payment options for your convenience:

Direct Debit through GoCardless: There are no transaction fees for payments made via direct debit. Your payment is protected by the GoCardless Guarantee. For more details, please visit the GoCardless Guarantee.
Card Payment through Stripe: A 1.75% transaction fee, charged by Stripe, applies to payments made via credit or debit card.

New Orders
For new orders, work will only commence once the payment has been successfully processed. Please note that direct debit payments may take up to one to two business days to be completed.

Renewal Orders
For renewal orders, if a payment fails, we will automatically retry the payment after 12 hours. If the payment fails after multiple retries, the subscription will be considered cancelled, and all associated services will be terminated. To renew the subscription, a new order must be placed.

5. Refund Policy

Please refer to the refund policy here.

6. Termination of Subscription Service

There is no lock-in contract. Customers can unsubscribe from the recurring service at any time, and the termination will be processed accordingly, with the service ending at the conclusion of the current billing cycle. There are no cancellation charges or penalties for unsubscribing from the service. Customers can terminate their subscriptions without incurring any additional fees or charges.

eSharp will pause all the running campaigns on the last working day of the current billing cycle and will hold no liability for any changes or charges by Google or Meta after the cancellation of your advertising service. Additionally, we will provide account details once all overdue payments have been settled.

eSharp reserves the right to refuse or terminate service.

7. Exclusive Offer for Ryde Businesses

Eligibility:

This offer is available exclusively to businesses with a physical storefront in Ryde or a registered business address in Ryde, Sydney.
PO Box addresses are not eligible for this offer.
Proof of eligibility may be required, such as a valid business registration document or a utility bill displaying the business address.

Discount Offer:

Eligible businesses will receive a 5% discount on all eSharp services, including Website Design, Graphic Design, Google Ads Management, Social Media Advertising, SEO, and Content Marketing.
The discount applies to both new and existing clients within the Ryde area.

Free Callout Fee:

Eligible businesses are entitled to onsite support with a free callout fee, limited to one free callout per quarter.
Onboarding customers are also eligible for a one-time free callout during the initial setup and consultation phase.
The free callout covers travel and attendance fees only and does not include a free meeting or consultancy session.
During the onsite visit, the service fees apply.

Free Consultation Offer:

Following the initial 15-minute discovery call, if both parties determine a good fit and that eSharp can effectively support the business’s growth, we offer a one-time, 45-minute onsite consultation for free.
This consultation provides an opportunity to explore tailored strategies, discuss specific needs, and build a personalised plan to help the business thrive.

General:

The offer is non-transferable and cannot be combined with other promotions or discounts unless explicitly stated.
eSharp reserves the right to modify or withdraw this offer at any time without prior notice.

8. General Provisions

8.1 Force Majeure: No party under this agreement shall be liable for any breach of any provision of this contract arising from an act of natural disaster, terrorism, war, or any other occurrence beyond the control of any party.

8.2 Amendments: We reserve the right to update or modify this terms and conditions at any time. Any changes will be effective immediately upon posting on our website. We encourage you to review this policy periodically to stay informed about our terms and conditions.

8.3 Assignment: eSharp reserves the right to subcontract any services that are agreed to perform if required.

8.4 Severability: If any provision of this policy is found void, the remaining provisions will remain in force.

9. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:

eSharp

Mailing Address: Suit 1007, 7 Eden Park Drive, Macquarie Park NSW 2113

Phone: 02 8817 0419

Email: [email protected]

10. Acceptance

By engaging with eSharp for services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.