Terms & Conditions

Service Terms and Conditions

Last updated: 23 September 2025

These terms apply to all services provided by DigCreative. Please read them carefully. Approval to commence work, or payment of any invoice, indicates your acceptance of these terms.

Agreement

This document sets out the standard terms and conditions for services offered by DigCreative (ABN [insert ABN]), “DigCreative,” “We,” “Us,” or “Our.”
“You,” “Your,” or “Client” refers to the person or business engaging our services.

If you have signed a separate contract for a project, that contract overrides these terms.

General Terms

Definitions

  • Project Quote: The defined scope of work, provided in writing, email, proposal, or verbally.
  • Estimate: An indicative cost or time frame, not a binding quote.
  • Deliverable: Any item DigCreative is responsible for providing.
  • Business Day: Monday to Friday, excluding public holidays in Queensland.
  • Business Hours: 24 Hours
  • Standard Hourly Rate: $200 per hour unless otherwise agreed.
  • Minimum Service Charge: One hour of time at the applicable rate.
  • Excess Work Fees: Work not included in the original Project Quote.
  • Services: All products and services we provide, including but not limited to: web design, SEO, Google Business Profile management, hosting, digital marketing, photography, videography, and consulting.

Term and Termination

Early termination by mutual consent

Both parties may agree to cancel a project. DigCreative will retain all deposits and progress payments as compensation for work completed. Additional work completed beyond payments received may be invoiced and must be paid within 7 days.

Early termination by Client

If you cancel a project, deposits and progress payments are forfeited. Any outstanding work will be invoiced pro-rata and must be paid within 7 days.

Early termination by DigCreative

If we are unable to complete a project, we will attempt to complete it using a trusted third party. If not possible, we will refund any payments received beyond the value of work already completed.

Confidentiality

We treat all client information as confidential. Employees, contractors, and partners engaged by DigCreative must adhere to strict confidentiality obligations. Breaches by subcontractors are acted upon immediately.

Warranty

We will deliver services in a professional and timely manner, using skills consistent with accepted industry standards in Australia.

Default

You are in default if:

  • Payments are not made when due.
  • You become insolvent or bankrupt.
  • You prevent DigCreative from delivering services as agreed.

DigCreative is in default if we fail to deliver services within a reasonable time, subject to any delays caused by you.

Remedies

If either party defaults, the other party may issue written notice to rectify the default. If not remedied within 14 days, the agreement may be terminated.

Force Majeure

Neither party is liable for delays caused by events outside reasonable control (e.g., fire, natural disaster, strike, government orders).

Entire Agreement

This document is the entire agreement and overrides all prior agreements unless otherwise stated in writing.

Severability

If any clause is found invalid, the rest of the contract remains in effect.

Governing Law

This agreement is governed by the laws of Queensland, Australia.

Copyright

Ownership of intellectual property transfers to you only after full payment is received. Until then, DigCreative retains ownership of all materials. We reserve the right to showcase completed projects in our portfolio unless you request otherwise in writing.

Liability

We take care to deliver work free of legal issues. You warrant that any content, graphics, or materials you supply are legally permitted for use.
DigCreative is not liable for indirect or consequential loss, including loss of profit or contracts. Our liability is limited strictly to the value of the services provided.

Credit

You agree to allow a small credit line on websites we design (e.g., “Website by DigCreative”) unless agreed otherwise in writing.

Approvals and Proofing

You are responsible for reviewing and approving all deliverables before launch or publication. We are not liable for errors or omissions once approved.

Timeframes

Project timelines depend on timely provision of information and approvals from you. Delays on your side may result in postponed delivery or additional charges.

Search Engines and Conversions

We cannot guarantee specific rankings in Google or any search engine. We also cannot guarantee website conversion rates, as these depend on factors outside our control (pricing, usability, customer behaviour).

Stock Content

Any stock images, videos, or fonts we supply are licensed for use but remain the property of their creators.

Consultations and Support

Unless otherwise agreed, one face-to-face consultation is included per project. Additional meetings are charged at the Standard Hourly Rate. Support outside project scope is charged at the same rate.

Marketing and Communication

By engaging us, you consent to being added to our mailing list. You can unsubscribe at any time.

Fees and Payment

  • GST: All fees are GST inclusive unless stated otherwise.
  • Payment terms: Strictly 7 days from invoice date.
  • Late payments: Interest of 5% per month (minimum $50) may be applied.
  • Refunds: At DigCreative’s discretion, and not available for services such as hosting, domain registration, or third-party software.
  • Default: Accounts more than 30 days overdue are in default. We may suspend services or remove work from servers until payment is made.

Hosting and Email Services

If we provide hosting or email services, you agree to our fair use policy. We aim for 100% uptime but cannot guarantee uninterrupted service. Daily backups are performed, but we recommend you keep your own backups as well.

Contact

For questions about these Terms and Conditions:

DigCreative
Email: hello@digcreative.com.au
Phone: [Insert phone number]
Address: [Insert business address]

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