Terms of Service

1. Agreement to Terms

By accessing or using services provided by Custom Web Creations (ABN to be provided upon request), you agree to be bound by these Terms of Service. These terms constitute a legally binding agreement between you ("Client") and Custom Web Creations ("we", "us", or "our").

These terms are governed by the laws of Queensland, Australia, and you agree to submit to the exclusive jurisdiction of the courts of Queensland. These terms are subject to, and should be read in conjunction with, the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

2. Services

Custom Web Creations provides web design, development, e-commerce solutions, and digital marketing services to clients throughout Australia. The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate written proposal or project agreement.

We reserve the right to modify or discontinue our services at any time with reasonable notice to affected clients. Any changes to services already contracted will be communicated in writing and may require mutual agreement.

All services come with consumer guarantees that cannot be excluded under Australian Consumer Law. Our services are provided with due care and skill, and are reasonably fit for the purpose communicated by the client.

3. Intellectual Property Rights

Upon receipt of full payment, the Client will own the intellectual property rights to the custom work created specifically for their project, including:

• Custom designs, graphics, and visual elements created for the project
• Custom code and functionality developed specifically for the website
• Content provided by the Client or created specifically for them

The following remain the property of Custom Web Creations or their respective licensors:

• Pre-existing code, templates, and frameworks
• Third-party software, plugins, and licensed materials
• Stock images (subject to their respective licences)

We retain the right to use completed projects in our portfolio and marketing materials unless otherwise agreed in writing prior to project commencement.

4. Client Responsibilities

To ensure successful and timely project delivery, the Client agrees to:

• Provide all required content, images, logos, and materials within agreed timeframes
• Provide timely feedback and approvals at each project milestone (within 5 business days unless otherwise agreed)
• Ensure all provided content does not infringe on any third-party intellectual property rights
• Designate a single point of contact for project communications
• Maintain regular backups of their website after project handover
• Keep all login credentials secure and confidential

Delays in providing materials or feedback may result in project timeline extensions and may incur additional charges if significant rework is required.

5. Consumer Guarantees (Australian Consumer Law)

Under Australian Consumer Law, our services come with guarantees that cannot be excluded. You are entitled to:

• Services provided with due care and skill
• Services fit for the purpose you have made known to us
• Services delivered within a reasonable time (if no timeframe is specified)

If services fail to meet a consumer guarantee, you are entitled to:

• Have the services re-performed at no additional cost
• A refund for services not yet provided
• Compensation for any reasonably foreseeable loss or damage

For major failures, you may be entitled to cancel the service and receive a refund for the unused portion.

6. Limitation of Liability

To the maximum extent permitted by law and subject to Australian Consumer Law consumer guarantees:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability for any claim shall not exceed the amount paid for the specific service giving rise to the claim
• We are not liable for any loss arising from circumstances beyond our reasonable control
• We are not liable for third-party services, hosting issues, or domain registration matters

Nothing in these terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by Australian Consumer Law or any other applicable legislation that cannot be excluded, restricted, or modified.

7. Warranty Period

We provide a 30-day warranty period commencing from the date of project launch or handover. During this period, we will rectify any bugs, errors, or issues with the delivered work at no additional cost, provided the issues:

• Relate directly to work performed by Custom Web Creations
• Are not caused by third-party modifications or interference
• Are not caused by hosting, server, or domain-related problems
• Do not constitute requests for new features or functionality

This warranty is in addition to, and does not affect, your rights under Australian Consumer Law.

8. Cancellation and Refunds

Either party may terminate the project agreement by providing written notice. In the event of cancellation:

• The initial deposit is non-refundable as it covers consultation, planning, and design work
• You will be invoiced for all work completed up to the date of cancellation
• You will receive all completed work that has been paid for
• Any pre-paid amounts for work not yet commenced will be refunded within 14 business days

These cancellation terms do not affect your rights to a remedy under Australian Consumer Law if services fail to meet consumer guarantees.

9. Dispute Resolution

In the event of a dispute arising from these terms or our services:

• Both parties agree to first attempt to resolve the dispute through direct negotiation in good faith
• If unresolved within 14 days, either party may refer the matter to mediation
• Mediation costs will be shared equally unless otherwise agreed
• Either party may pursue legal action if mediation is unsuccessful

Nothing in this clause prevents either party from seeking urgent interlocutory relief from a court.

10. Contact Information

For any questions, concerns, or complaints regarding these Terms of Service, please contact us:

• Email: info@customwebcreations.com.au
• Phone: 0413 468 617
• Location: Queensland, Australia

We aim to respond to all enquiries within 2 business days.