Terms & Conditions

Please read our terms carefully before using our services.

1. Introduction

Welcome to Pixel-craft studios (“Company”, “we”, “us”, or “our”). These Terms and Conditions (“Terms”) govern your use of our website and services. By engaging with our services, you agree to comply with these Terms. If you do not agree, please do not use our services.

2. Definitions

  • Client: The person or entity engaging us for website design services.
  • Services: The website design, development, and related services provided by us.
  • Deliverables: The final website or digital assets provided upon project completion.
  • Australian Consumer Law (ACL): The consumer protection laws set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

3. Scope of Services

We provide website design and development services as outlined in our proposal or agreement. Any additional requests may incur extra charges.

4. Payments and Fees

  • A deposit of 50% is required before work begins.
  • Remaining payment is due upon completion or as per the agreed-upon payment schedule.
  • Late payments may result in project suspension or additional fees.
  • All prices are in AUD and include/exclude GST as applicable.

5. Client Responsibilities

  • Provide all necessary materials (logos, images, text, etc.) in a timely manner.
  • Ensure provided content does not violate any intellectual property rights.
  • Approve work within the given revision period.

6. Revisions and Approvals

  • We offer 1 revisions before final approval. Additional revisions may incur extra fees.
  • If the client fails to provide feedback within [7] days, we may assume approval and proceed.

7. Consumer Guarantees under Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Clients are entitled to:

  • A remedy (repair, replacement, refund, or compensation) if the service fails to meet acceptable quality, is not fit for purpose, or does not match the agreed description.
  • Compensation for reasonably foreseeable loss or damage due to a failure of service.
  • A refund if the service has a major failure (as defined under the ACL).

For more details, visit the ACCC website.

8. Ownership and Intellectual Property

  • Upon full payment, the client receives ownership of the final website design.
  • We retain the right to use project work for our portfolio and marketing purposes.
  • Third-party assets (e.g., stock images, plugins) may be subject to separate licensing agreements.

9. Third-Party Services

We may integrate third-party tools or services (e.g., hosting, plugins). We are not responsible for any issues arising from third-party providers.

10. Cancellations and Refunds

  • If the client cancels the project before completion, we may retain the deposit for work done.
  • No refunds are available after the project is completed and delivered.
  • If we are unable to deliver the agreed services due to unforeseen circumstances, the client will receive a partial or full refund, in compliance with ACL.

11. Limitation of Liability

To the extent permitted by law:

  • We are not liable for any loss of data, revenue, or damages resulting from website use, downtime, or errors.
  • Our liability for any breach of these Terms is limited to the re-supply of services or a refund under ACL.

12. Confidentiality & Data Protection

Both parties agree to keep confidential any sensitive business information exchanged during the project. We handle all personal data in compliance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).

13. Termination

  • We may terminate services if the client breaches these Terms or fails to make payments.
  • The client may also be subject to termination if engaged in fraudulent or unlawful activities related to the website project.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of New South Wales (NSW), Australia. Any disputes should first be resolved through negotiation or mediation before seeking legal action.

15. Changes to Terms

We may update these Terms periodically. Continued use of our services implies acceptance of any updates.

16. Contact Information

For any questions, please contact us at:

  • Email: John.Mckillop@pixel-craft.com.au
  • Phone: 0488 412 496