template terms and conditions

LAST UPDATED ON 18TH OCTOBER 2023

1. SUMMARY

These terms outline the agreement entered into by ‘Love, Carli’, and ‘you’—the purchaser and/or user upon purchase of our products and services.

2. SCOPE OF WORK

2.1 Services and Deliverables. Love, Carli will provide you with the following Services and Deliverables on a one-time basis:

  • One (1) x single-page scrolling wedding website template

  • Customisation of template including:

    • Input of provided wedding details

    • Uploading of supplied imagery, photographs, and/or videos (includes resizing and optimisation for web)

    • Changing of colour and font preferences

    • Arranging section choices

    • Set up of RSVP form/questionnaire

  • 2 rounds of revisions

  • Browser and device testing and optimisation

  • Purchase and connect domain name

  • 12 months of website hosting (Business Plan)

  • A .com domain name of your choice (subject to availability)

  • One (1) x coordinating digital invitation/announcement (includes 2 rounds of revisions)

  • Up to one (1) hour of email support for up to ninety (90) days post-launch

2.2 Changes in Scope. Any Services or Deliverables beyond what is specified above are considered outside the scope of work and will incur additional costs. All additional costs will be charged accordingly in addition to the purchase amount, and invoiced in a timely manner.

2.3 Proofs and Revisions. Two (2) rounds of revisions are included in the purchase cost. Revisions include minor changes only —the definition of which will be determined at Love, Carli’s sole discretion. Any major revisions that fall outside the scope of work specified in these terms will be charged at Love, Carli’s hourly rate.

Minor revisions may include things such as:

  1. Fixing small technical or functionality errors

  2. Updates to wording or changes to correct spelling, grammar, details or information

  3. Swapping images

  4. Re-ordering existing sections

Major revisions may include things such as:

  1. Changes that require additional development and/or design

  2. Additional image sourcing, or illustration

  3. Adding more pages or sections

  4. Changing the entire colour palette

2.4/ Post-Launch Support. Love, Carli offers up to 1 hour of support for up to 90 days from the date of your website launch. Within this period, you are entitled to a reasonable amount of support—the definition of which will be determined at Love, Carli’s sole discretion.

Support includes assistance for the following areas of concern:

  1. Minor changes and updates

  2. Coding updates due to Squarespace updates

  3. General troubleshooting for forms, bugs, and links

Support does not cover the following:

  1. Additional development and/or design

  2. Additional web pages or new sections

  3. Changes to the overall design/layout of templates

  4. Compatibility with third-party services or plugins

  5. Correcting issues from modifications of custom code or functionality made by you

Requests for additional support or further updates and changes will be charged at Love, Carli’s hourly rate.

3. SCHEDULE

3.1 Schedule. Love, Carli will prioritise the performance of services as necessary and make commercially reasonable efforts to perform them within the timelines identified on our website. You acknowledge and agree that Love, Carli’s ability to meet schedules is entirely dependent upon your prompt supply of assets and timely communication and feedback, and that any delays caused by you and/or any changes to the scope of work may delay the schedule. Any such delay caused by you shall not constitute a breach of these terms by Love, Carli. 

4. PAYMENT TERMS

4.1 Payment Schedule. Full payment of purchase cost is to be made at the time of checkout.

4.2 Charges. Love, Carli uses a third party to process payments. By purchasing from Love, Carli, you agree to the following terms:

  1. Any payment information you provide is true and complete

  2. Charges incurred by you will be honored by your bank, credit card company, or e-commerce company (e.g. PayPal)

  3. You will pay the incurred charges at the agreed-upon prices.

  4. You give Love, Carli permission to automatically charge your debit card, credit card, or e-commerce account

  5. If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharges

4.3 Expenses and additional costs: You agree that additional expenses not included in the purchase cost of the templates or scope of work may occur. Such expenses may include, but aren’t limited to: 

  • Major design/layout/functionality changes to the template

  • Additional web pages or sections added to the template

  • Custom illustration

  • Stock image/photography sourcing

  • Additional revision rounds

  • Custom font, stock image/photography, and/or plug-in licenses

  • Third-party subscriptions

  • Email hosting

  • Additional domain and website hosting beyond 12 months of the launch date

All additional costs will be charged accordingly in addition to the purchase amount and invoiced in a timely manner.

Upon completion of Love, Carli’s services you agree to be responsible for managing any ongoing expenses relating to domain hosting, website hosting, any licenses, or third-party subscriptions. In turn, it will be your responsibility to cancel these expenses once they are no longer required. 

4.4 Hourly Rate: Love, Carli’s hourly rate for additional Services and Deliverables that fall outside of the scope of work in these terms is $120.00 per hour. Minimum time increments are recorded at 30 minutes meaning the minimum cost is $60.00. 

4.5 Invoices. All invoices for additional expenses and costs incurred must be paid within 7 calendar days of the date of issue. 

4.6 Late Payments. Love, Carli reserves the right to cease your access to our Services and Deliverables if payment of an invoice is not received within 7 days of the payment due date. You will still be held liable for the full cost of the offering. Unpaid invoices will incur a late fee equal to 1.5% of the outstanding amount per month until Love, Carli receives full payment. If Love, Carli has made reasonable attempts to notify you of your outstanding balance, and your balance remains unpaid or partially paid, then Love, Carli shall have no further obligation under these terms and reserves the right to send you to collections for any and all outstanding payments. You agree to pay for all Love, Carli’s reasonable collections, and legal costs encountered while attempting to collect against you.

4.7 Refunds. Due to the non-tangible, digital nature of Love, Carli’s offerings, Love, Carli does not issue refunds or exchanges.

5. YOUR RESPONSIBILITIES

5.1 Assets and Preferences: You agree to provide all your wedding website assets and preferences in a timely manner and understand that Love, Carli does not commence work until all of your assets and preferences have been provided. Assets should be supplied in a form suitable for use without further preparation via the provided form. Assets and preferences include the following:

  • All wedding wording and details to be included on your website

  • All photographs, imagery, and/or videos to be included on your website

  • Colour palette preferences or inspiration

  • Font preferences or inspiration if they differ from the template fonts

5.2 Communication and feedback: You agree to respond promptly to Love, Carli’s communication, questions, and requests for feedback on revisions to ensure timely completion of work. Any delay in communication will cause an equal delay in the schedule.

5.3 Approval. Upon approval of your final revision, an sign off form will be sent for your signature. You agree to promptly sign this and acknowledge that signing it gives final approval for your website to be published live. It is your sole responsibility to thoroughly inspect and proofread your website and ensure it is free of errors prior to signing the form. Love, Carli accepts no responsibility for errors on approved websites that have been published and you are responsible for all costs associated with correcting errors including additional refinement rounds.

6. Website DEVELOPMENT

6.1 Platform: Love, Carli utilises Squarespace to develop all website templates. Squarespace is a subscription-based website builder with integrated content management tools and hosting. You acknowledge that Love, Carli doesn’t have the ability to alter the core functionality of the Squarespace platform and works with the constraints of the software to develop websites. 

6.2 Domain Names: Domain names are purchased through Squarespace and are subject to availability. If you have already purchased a domain name from another provider, Love, Carli will connect the domain name to Squarespace. Transferring domain names to Squarespace is not always possible and may incur an additional fee. You retain ownership of the domain names. 

6.3 Image Sourcing: If you require Love, Carli to source stock photography, imagery, video, animation, or illustration for use in your website design, you acknowledge that this is outside the scope of work and will incur additional costs. You agree that time spent sourcing stock assets will be charged at Love, Carli’s hourly rate while any costs for stock assets will be charged according to license requirements. All additional costs will be charged accordingly in addition to the purchase amount and invoiced in a timely manner.  

6.4 Design: Love, Carli optimises all template designs for modern browsers and popular device sizes based on industry standards. You acknowledge that Love, Carli cannot guarantee that your website will look exactly the same in every browser or across different screen sizes and devices. 

6.5 Testing and Technology: Love, Carli tests and optimises all templates for compatibility, responsiveness, load time, and functionality in modern browsers and popular device sizes based on industry standards and ensures all code, links, plug-ins, forms, and connected accounts are working correctly prior to publishing your website. You acknowledge that browser technology and web applications change over time and Love, Carli can make no guarantee that third-party services, plug-ins, or code will continue to operate in the desired way at any time after the completion of services. In the event that Squarespace, a third-party service, or web browser technology changes in such a way your website no longer functions satisfactorily, Love, Carli can provide a cost estimate for any required updates as required.

6.6 Third Parties: Love, Carli is not liable for any services provided by Squarespace or other third-party services connected to your website. You are to refer to third-party services and their terms and conditions regarding any issues with their service, for technical support, or in instances of spam, hacking, or malicious attacks. 

6.7 Access: By default Love, Carli password protects all websites and hides them from search engines to ensure wedding details remain secure and private. An access password will be provided for you to share with guests. The confidentiality of the password is your responsibility and you acknowledge that anyone with the password will be able to access and view the website.

6.8 Availability: Love, Carli cannot guarantee 24/7 availability of website service. You agree and acknowledge that Squarespace may, at times, be unavailable due to regularly scheduled maintenance, service upgrades, or other mechanical or electronic failures that Squarespace may perform or experience. 

6.9 Security: Squarespace is a highly secure platform and leverages a number of advanced technologies to encrypt data, filter traffic, and prevent malicious attacks ensuring a secure connection. You can read more about Squarespaces security measures here: www.squarespace.com/measures. 

7. Media Release

By posting, submitting, or distributing content—such as comments, reviews, testimonials, photos, or videos on Love, Carli’s website, and community, you are granting Love, Carli the right to use them in marketing or promotional efforts, now or at any time in the future. This right includes granting Love, Carli the use of your name and intellectual rights to identify you as the author of your content. You acknowledge that this usage would require neither permission from nor compensation to you. Love, Carli is not obligated to display your content and may choose to remove your content at any time for any reason.

8. INTELLECTUAL PROPERTY & COPYRIGHT

8.1 Copyright Ownership: Love, Carli’s website, products, services, and resources contain intellectual property that is solely owned by Love, Carli. These intangible assets—including but not limited to text, information, logos, images, graphics, audio, video, and aesthetics—are protected by copyright and other proprietary laws. Purchase of Love Carli’s templates does not result in the transfer of the intellectual property to you. You must agree to abide by these laws for the continued use of Love, Carli’s offerings. If you violate Love, Carli’s intellectual property rights, your access to our offerings will be terminated immediately without a refund. You may also be subject to further penalties and damages as the law permits.

8.2 Additional Usage: If you wish to make additional use of a template’s aesthetic, layout, or design elements for an item not specified in these terms, you agree to seek permission from Love, Carli first. This includes utilising or reproducing images, illustrations, typography, and composition in any way to create DIY items or to have a third party other than Love, Carli create artwork, designs, stationery, or products. You understand and agree that any unauthorised use of Love, Carli’s work will result in an invoice for the applicable licensing fees which must be paid within seven (7) days of being issued. 

8.3 Assets: Provided assets shall remain your sole property or the property of your respective suppliers. You agree to grant Love, Carli a nonexclusive, nontransferable license to use, reproduce, modify, display, and publish your assets solely in connection with Love, Carli’s performance of the Services and promotional uses of the Deliverables as authorised in these terms.

8.4 Third-Party Materials: Intellectual property rights of third-party materials shall be owned by the respective third parties.

8.5 Attribution and Promotion: Love, Carli retains the right to reproduce, publish, and display completed, published websites as part of Love, Carli’s portfolio, websites, social media, or other media and as examples of services for marketing and other business development needs. Love, Carli agrees not to publicly show any portion of work that contains personal or confidential information. You agrees that Love, Carli has the right to enter the work into design competitions for the purposes of recognition of creative excellence or professional advancement. Should Love, Carli’s work be featured online via a blog post or website, in a printed publication, or on social media, Love, Carli must be correctly credited and notified prior to publication of the feature.

8.6 Website Credit. Love, Carli reserves the exclusive right to include a footer credit on all published websites. You shall not remove the credit without written permission from Love, Carli.

9. LIMITED LICENSING

Each template purchase grants you a limited, non-exclusive, non-transferable, single-seat license to the template. This means that you may use the template for only one website. To use the template more than once, you must purchase a separate license for each use.

By using our templates you agree to abide by these terms:

  1. You may not modify, share, or exploit any of Love, Carli’s offerings in whole or in part.

  2. You may not use, adapt, or represent Love, Carli’s offerings as if they were created by you.

  3. You may not duplicate, trade, or distribute Love, Carli’s offerings to another person in any way that earns them money.

  4. You may not create any derivative work and offer competing offerings based on information contained in your purchase.

  5. You may not violate Love, Carli’s intellectual property rights, including copyright, as specified above.

You understand that engaging in unauthorised use of Love, Carli’s Services and Deliverables is considered theft, and Love, Carli reserves the right to prosecute it as a civil and/or criminal offence.

10. CONFIDENTIALITY

Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, and the terms and provisions of this Agreement. 

Further, at all times neither Party shall use or disclose any confidential information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the company in whatever form to any parties outside of this Agreement.

This Agreement imposes no obligation upon the Parties with respect to any confidential information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third-party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third-party by, or with the authorisation of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

11. RELATIONSHIP OF THE PARTIES

11.1 Independent Contractor: These terms constitute a contract for the provision of services and not a contract of employment. In addition, these terms shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship, or other relationship between you and Love, Carli.

11.2 Design Agents: Love, Carli has the sole right to control and direct the means, manner, and method by which the Services are performed and shall be permitted to engage and/or use assistants, third-party designers, or other service providers as independent contractors in connection with the Services. Love, Carli shall remain fully responsible for their compliance with these terms and conditions.

12. REPRESENTATIONS & WARRANTIES

12.1 You represent and warrant to Love, Carli that; 

  1. You own the right, title, and interest in or have the correct licenses or permissions to use all provided assets. 

  2. To the best of your knowledge, your provided assets are accurate, legal, conform to ethical standards, do not infringe the rights of any third party, and use of them in connection with the Services and Deliverables does not and will not violate the rights of any third parties, 

  3. You shall comply with the terms and conditions of any licensing agreements which govern the use of third party materials, and 

  4. You shall comply with all laws and regulations as they relate to the Services and Deliverables.

12.2 Love, Carli represents and warrants to you that;

  1. Love, Carli has the required skill and experience to perform the Services and Deliverables under this Agreement and the Services will be performed in a professional manner. 

  2. Except for any third-party materials and provided assets, all work is the original work of Love, Carli and to the best of Love, Carli’s knowledge will not infringe or violate the intellectual property rights of any third parties. If you or any third party authorised by you modify or use the Deliverables outside the scope of rights granted in these terms, or otherwise in violation of these terms, all representations and warranties of Love, Carli shall be void.

  3. Except for the express representations and warranties stated in this Agreement, Love, Carli makes no warranties whatsoever. Love, Carli explicitly disclaims any other warranties of any kind, either express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose or compliance with laws or government rules or regulations applicable.

13. RELEASES AND LIMITS OF LIABILITY

13.1 Limitation of liability: In no event shall Love, Carli be held liable for any type of damages from the use of our Services and templates. You agree to release Love, Carli from all claims, including but not limited to:

  1. Loss of savings, or goodwill

  2. Theft, deletion, or corruption of confidential information

  3. Personal interruptions

  4. Misapplication of information

  5. Provision or failure to provide services

13.2 Maximum Damages: In all circumstances, you agree that the maximum amount of damages you are entitled to in any claim relating to these terms or Services provided are not to exceed the total cost of Services provided by Love, Carli.

13.3 Limit of Claim: If you wish to pursue legal action arising out of or related to these terms, the claim must be filed within 1 year of completion of Services.

13.4 Indemnification: You agree to absolve Love, Carli of liability or loss that you may incur as a result of your reliance on the information from our offerings. The company will also not be liable to you for any type of damages that arise from your use of our templates.

13.5 Assumption of Risk: You agree that you are voluntarily purchasing from Love, Carli. You are using your own judgment in accessing Love, Carli’s templates and services, and you are doing so at your own risk. Therefore, you are solely responsible for your actions and decisions based on the use, misuse, or non-use of Love, Carli’s offerings.

13.6 Non-disparagement: Both you and Love, Carli agree not to make public defamatory statements that would materially harm the reputation or business activities of the other.

13.7 Force Majeure: Love, Carli will not be liable to you for any failure or delay in performance if it is caused by acts or circumstances beyond reasonable control. Any failure or delay will not constitute a breach of these terms if they are caused by any of the following, without limitation:

  1. Acts of God (e.g. flood, fire, earthquake)

  2. Civil unrest and armed conflict (e.g. war, invasion, terrorism, riot)

  3. Disease outbreak (e.g. pandemic, epidemic)

  4. Labor dispute (e.g. lockout, strike)

  5. Technological breakdown (e.g. server failure, power outage)

14. GENERAL PROVISIONS

14.1 Governing law: The laws of Victoria govern all matters arising under or relating to these terms and both you and Love, Carli irrevocably and unconditionally submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

14.2 Modification: Love, Carli reserves the right to change the Template Terms & Conditions without notice. The most current version of this agreement will take the place of all previous versions. Love, Carli encourages you to review these terms periodically to stay informed of important changes.

14.3 Interpretation: Section headings are solely for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of these terms nor otherwise be given any legal effect. Any design terminology shall be defined according to standard design industry usage, and any dispute as to the meaning or scope of design terminology shall be determined by Love, Carli in good faith. Any other ambiguities shall be resolved with the most reasonable and legally valid construction, without regard to authorship of such provisions.

14.4 Termination: Love, Carli reserves the right to terminate your access and use of our offerings at any time if you become disruptive or violate this agreement. In the event of termination, you will not be entitled to a refund and will not be excused from any remaining payments. The provisions of this agreement—including terms of use, disclaimers, limitation of liability, and release of claims—will still apply, even after termination by either party.

14.5 Severability: Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.