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Terms & Conditions

Our service terms

Please read these terms and conditions carefully before purchasing or using any DigitalCreative services. By purchasing, subscribing, requesting a quote, or engaging us to provide services, you agree to be bound by these terms.

Last updated: 30 April 2026

1. Definitions

In these terms, DigitalCreative (also “we”, “us”, “our”) provides services to you (the client).

  • Services means any work we provide, including packages, add-ons, monthly service plans, UX subscription services, design, prototyping, development support, consulting, and related deliverables.
  • Deliverables means the outputs we produce (for example: wireframes, UI designs, prototypes, documents, code snippets, assets, or configurations).
  • Subscription means any ongoing service arrangement, including monthly service plans and UX subscription services.
  • Quote means any estimate we provide, including the “My Quote” builder totals and any written estimate.

2. Scope and how we work

2.1 Scope

Scope will be defined by your selected package, plan, subscription tier, written quote, proposal, or the tasks we agree to in writing. Anything not explicitly included is out of scope and may require a new quote.

2.2 Estimates and ranges

Quotes, ranges, and timeframes are estimates only. The “My Quote” panel provides indicative totals based on the items you select and the information you provide. A quote is not binding until we confirm scope and provide written acceptance (for example by invoice, written confirmation, or a signed agreement).

2.3 Changes and additional work

If you request changes outside the agreed scope, we may (at our discretion) provide a revised quote, charge at our standard rates, or require you to purchase additional hours/subscription time. We are not required to commence out-of-scope work until fees are agreed and paid (where applicable).

3. Packages (one-off)

3.1 What you are purchasing

Packages are fixed-scope, one-off services. Unless stated otherwise, packages include only the inclusions listed on the package page and/or in the written scope we confirm.

3.2 Revisions and approvals

Reasonable revisions are included where stated. Additional rounds, substantial redesigns, or changes arising from late feedback, new requirements, or additional stakeholders may be treated as out of scope.

3.3 Delivery timeframes

Timeframes are estimates and depend on receiving required inputs from you (including content, access, and approvals). Delays in providing inputs or approvals will extend timelines.

4. Add-ons

Add-ons are optional extras that may be one-off or recurring (for example, “monthly maintenance retainer”). Add-ons can be added to a package or subscription subject to availability and scope confirmation.

Where an add-on uses an estimate (for example, “Additional pages”), you acknowledge the estimate is client-supplied and will be confirmed before we commence work.

5. Monthly service plans (ongoing)

5.1 Plan inclusions

Monthly service plans provide a defined block of time/capacity each month. Plan scope is prioritised and delivered progressively. We may break larger items into smaller tasks to maintain steady progress.

5.2 One plan selection

Where you choose a plan through the website selection tools, only one plan may be selected at a time unless we agree otherwise in writing.

6. UX subscription services (ongoing)

6.1 Task-based workflow

UX subscription services are delivered via a task-based workflow. You may submit multiple tasks, but we will generally work on one active task at a time per subscription (unless otherwise agreed).

6.2 Task sizing

We recommend tasks that take from one day up to one week. Large tasks may require additional subscription time or may be split into smaller tasks.

6.3 Pausing and resuming

Pausing, resuming, rollover, and access to work-in-progress are subject to the specific subscription terms shown at the time of purchase and any written agreement between us.

7. Client responsibilities

  • Inputs: You must provide accurate and timely content, access, assets, credentials, and approvals as required.
  • Rights: You warrant you have the rights to use any content, logos, images, fonts, and materials you provide.
  • Feedback: You must provide feedback within reasonable timeframes. Where feedback is delayed, we may pause work and reschedule subject to availability.

8. Fees, payment, and non-payment

8.1 Payment terms

Payment terms are as stated on the website, invoice, or proposal. We may require upfront payment, deposits, or milestone payments before commencing work.

8.2 Late payments

If payment is overdue, we may suspend work, pause subscriptions, and withhold deliverables until all outstanding amounts are paid.

8.3 Custom billing arrangements

We can arrange invoice-based billing or other payment methods that work for your team. Please contact us to discuss custom payment arrangements.

8.4 No refunds for work performed

To the maximum extent permitted by law, we do not provide refunds for work already performed, time already reserved, or partially completed billing periods.

8.5 Price changes

We may change pricing and inclusions from time to time. Changes apply prospectively. For active subscriptions, we will provide reasonable notice where practicable.

9. Intellectual property

9.1 Ownership

Upon full payment of all amounts due, you own the Deliverables created specifically for you, excluding any of our pre-existing materials, templates, internal tools, and third-party assets.

9.2 Third-party materials

Any third-party assets (such as fonts, plugins, stock imagery, or software) are licensed to you under the relevant third-party terms and may require additional fees.

9.3 Portfolio use

We may showcase work completed for you in our portfolio, case studies, and marketing materials unless you request confidentiality in writing before project commencement.

10. Confidentiality

We will take reasonable steps to keep your confidential information confidential and will not disclose it to third parties except where required to deliver the Services, comply with law, or where you consent. We can sign an NDA upon request.

11. Warranties and disclaimers

We provide Services with due care and skill. Except as required by law, we do not warrant that any website, campaign, or deliverable will achieve specific performance outcomes (including rankings, conversions, revenue, or leads).

12. Limitation of liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, consequential, special, or punitive damages.
  • Our total aggregate liability arising out of or in connection with the Services is limited to the total fees paid by you to us in the 3 months preceding the event giving rise to the claim.
  • You are responsible for backups, security, and compliance unless we expressly agree otherwise in writing.

13. Third-party platforms and access

Where work involves third-party platforms (for example Webflow, Stripe, Calendly, hosting providers, analytics tools), you acknowledge those services are provided by third parties and governed by their own terms. We are not responsible for third-party outages, changes, or limitations.

14. Suspension and termination

14.1 Termination by you

You may request to terminate services or cancel a subscription by contacting us at contact@digitalcreative.com.au (or via any cancellation method described at the time you purchased).

14.2 Termination by us

We may suspend or terminate services if:

  • payment is overdue;
  • you breach these terms;
  • you act abusively, unlawfully, or in a way that creates unreasonable risk for our team or systems; or
  • we reasonably believe continuing the engagement would be impractical or unsafe.

On termination or suspension, we may withhold deliverables until all outstanding amounts are paid.

15. Disputes

If a dispute arises, you agree to first contact us and provide reasonable opportunity to resolve the issue. Where appropriate, both parties agree to attempt to resolve disputes in good faith before commencing formal proceedings.

16. Changes to terms

We may update these terms from time to time by posting the updated version on this page. Your continued use of our Services after changes are posted constitutes acceptance of the updated terms.

17. Governing law

These terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

Questions?

If you have any questions about these terms and conditions, please don't hesitate to contact us.