Terms of Service
These Terms of Service (the Terms) govern the supply of professional business and consulting services by Lania Design Studio Pty Ltd (ABN 81 703 567 382) of Melbourne VIC, Australia (Lania Design Studio, we, us or our) to you (the Client or you). By engaging us, accepting a quotation, or using our website at https://laniadesignstudio.online, you agree to be bound by these Terms.
1. Our Services
We provide professional business and consulting services, including advisory, planning, analysis and related support services. The specific scope, deliverables, timelines and fees for any engagement will be set out in a written quotation, proposal or statement of work agreed between us and you. Any services not expressly described in that document are excluded from the engagement.
2. Quotations and Engagement
- Quotations are valid for 30 days from the date of issue unless otherwise stated in writing.
- A quotation is an estimate based on the information available to us at the time it is prepared. If the scope of work changes, or if information provided by you proves incomplete or inaccurate, we may issue a revised quotation for your approval before proceeding.
- An engagement commences only when you accept our quotation in writing (including by email) or we otherwise confirm the engagement in writing.
3. Fees and Payment
- Fees are as set out in the applicable quotation or statement of work and are quoted in Australian dollars (AUD) unless stated otherwise. GST is payable in addition where applicable.
- Unless otherwise agreed in writing, we invoice on completion of milestones or monthly in arrears. Invoices are payable within 14 days of the date of issue.
- We may require a deposit or upfront payment before commencing work, as set out in the quotation.
- If an invoice remains unpaid beyond its due date, we may suspend work, charge interest on overdue amounts at a reasonable rate, and recover reasonable costs of recovering the debt.
- Disbursements and third-party costs reasonably incurred in delivering the services may be on-charged at cost with your prior approval.
4. Client Responsibilities
You agree to: provide accurate, complete and timely information and access reasonably required for us to deliver the services; respond to requests for feedback or decisions within a reasonable time; ensure that any materials, data or records you supply to us are lawful, and that you hold all necessary rights to provide them; and comply with all laws applicable to your business and use of our services.
5. Intellectual Property
- Ownership of deliverables created specifically for you and paid for in full passes to you on receipt of full payment, subject to the following.
- We retain all rights in our pre-existing materials, methodologies, frameworks, templates, tools and know-how. Unless otherwise agreed in writing, we grant you a non-exclusive, perpetual, royalty-free licence to use any such materials embedded in your deliverables for your internal business purposes.
- You retain all rights in materials you supply to us. You grant us a limited licence to use, adapt and reproduce those materials solely as needed to deliver the services.
- We may reference the engagement in our marketing materials, subject to any confidentiality obligations.
6. Confidentiality
Each party must keep confidential all non-public information disclosed by the other party in connection with an engagement, and use it only for the purpose of performing the engagement, except where disclosure is required by law or the information is publicly available through no breach of these Terms. This obligation survives completion or termination of an engagement.
7. Liability
- To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss or damage, loss of profits, loss of revenue, loss of data or loss of business opportunity, however caused, arising out of or in connection with our services.
- To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you to us for that engagement in the three (3) months preceding the event giving rise to the liability.
- You are responsible for the decisions you make based on our advice. Our services are advisory in nature and do not constitute financial, legal, taxation or accounting advice unless expressly agreed in writing.
8. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that you may have under the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot lawfully be excluded, restricted or modified. If we fail to comply with a consumer guarantee that cannot be excluded, then to the extent permitted by law, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.
9. Suspension and Termination
- Either party may terminate an engagement, or these Terms in respect of an engagement, by giving 14 days' written notice, or immediately if the other party commits a material breach that is not remedied within 7 days of written notice, or becomes insolvent.
- On termination, you must pay us for all services performed and expenses incurred up to the date of termination. We will deliver to you any completed or in-progress work for which you have paid.
- Termination does not affect any rights, remedies or obligations that have accrued before termination, including payment obligations and confidentiality.
10. Privacy
We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy. Our Privacy Policy forms part of these Terms.
11. Third-Party Links and Content
Our website may contain links to third-party websites or resources. Those links are provided for convenience only and do not signify endorsement. We are not responsible for the content, accuracy or practices of any third-party website.
12. Force Majeure
We are not liable for delay or failure to perform our obligations where the delay or failure is caused by an event beyond our reasonable control, including natural disaster, pandemic, industrial action, government restriction, utility or internet failure, or the act or omission of a third party. Where such an event continues for more than 30 days, either party may terminate the affected engagement without liability beyond payment for services already performed.
13. Amendments
We may update these Terms from time to time by publishing a revised version on our website. The Terms in force at the time an engagement commences will continue to apply to that engagement unless we and you agree in writing to apply revised Terms. Continued use of our website after publication of revised Terms constitutes acceptance of those revisions.
14. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision is severed and the remaining provisions continue in full force. Our failure to enforce any right or provision is not a waiver of that right or provision.
15. Governing Law
These Terms are governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the courts of appeal from them.
16. Contact Us
Questions, notices or complaints regarding these Terms may be sent to ceo@laniadesignstudio.online, or by post to Lania Design Studio Pty Ltd, Melbourne VIC, Australia. We aim to respond to correspondence within two business days.
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