terms of engagement
Services

The services which we are to provide for you will be outlined in our proposal, quotation or agreement.

All work completed is subject to our Terms listed on this page. 

Engagement

Quotations are based on information provided by the client at the time of quoting.

Any subsequent work which falls outside that scope or changes in the client’s instructions from originally stated requirements may incur extra charges. These charges will be discussed with you in advance.

We do not guarantee the performance of any project or supporting advertising campaign. Estimated performance metrics are assumptions only based on data available at the time. 

Any material that must be unexpectedly collected or created at our expense to complete the work you have engaged us for may incur extra charges. 

Any later material supplied to us, or changes to the original brief, may also jeopardise any deadline that may have been agreed upon.

Client Revisions

One (1) round of revisions is included in all design elements unless otherwise specified. 


Client revisions above the included allowance will be charged at our standard hourly rate and will be discussed with you in advance. 

Variable Cost Terms & Payment

GST is applicable on all third-party costs.

Third-party fees payable to relevant platforms (for example Google or Meta) are paid directly to each platform via the client’s credit card, which must be set up before the campaign starts. 

General Terms & Payment

GST is applicable.

External costs, including hosting, subscription fees, and media spends are non-refundable.

Pricing is estimated on the specifications given.

Approval implies acceptance of our terms and conditions.

A 50% deposit is required on acceptance of all quotes by invoice. 

For websites, a 25% progress payment is required at ‘staging’.

Balance is due 14 days from the final invoice.

Retainer Terms & Payment

Retainer hours are limited to brand maintenance and advertising management as outlined in your agreement. All new job requests will be quoted accordingly.

External costs, including hosting, subscription fees, and media spends are non-refundable.

Balance is due 14 days from the invoice date.

Websites

Updates of the WordPress Framework and plugins used within WordPress websites are not included in the original website build price.

In order to keep websites functioning effectively over time, Penzo Studios OR our web development partners may contact you offering annual updates. If you require these to be updated, associated costs will be discussed with you directly.

Clients should not attempt to make these updates themselves. Doing so can create errors and incur additional costs to fix.

Copyright & Ownership

All design working files, web programming and creative imagery created for each project remain the copyright of Penzo Studios, and are licensed for use by the client and respective clients for the works and purpose for which they are intended.

Any creative concepts, including visual design and copywriting, not accepted remain the property of Penzo Studios.

Penzo Studios retains the right to freely use the creative for our own promotion.

Indemnity

Except as otherwise provided for, Penzo Studios will not be liable for any loss or damage of any kind whatsoever, arising from the supply of the services rendered by us to you, including:
Consequential loss whether suffered or incurred by you or another person; and whether in contract or tort (including negligence) or otherwise; and irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you.

You will indemnify us against all claims and losses of any kind whatsoever.

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person.

Confidential information concerning you will as far as practicable be made available only to those within our agency, and our approved suppliers engaged by our agency to provide expert services, and are providing those services for you.

We will not disclose to you confidential information which we have in relation to any other client.

Suspensions & Terminations

You may terminate our services at any time, providing 4 weeks’ notice. 

Third-party agreements may be subject to their own terms for suspension and termination, and you are subject to the terms of engagement set out by any third-party suppliers. 

We may also terminate our services to you at any time. 

For any work commissioned by the client, and subsequently cancelled or suspended for more than 30 working days, Penzo Studios will be entitled to payment in full for the portion of work completed up to the date of termination and all expenses incurred up to that date.

If a project is left stagnant by the client and Penzo Studios has not been able to do work on the project for a period of 8 weeks or more, this will incur extra charges to pick up the job again once the client is ready. This charge is to recap where the job was left and re-brief the team.

Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the person in our agency who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any other partner. Or, you can contact us at hello@penzo.com.au