Terms & Conditions

1. About these terms

These terms and conditions ("Terms") apply to all website design, development, hosting, maintenance and online marketing services ("Services") provided by Caffeinated Marketing (ABN 71 727 483 824) ("we", "us" or "our") to you ("you" or the "Client"). By accepting a quote or proposal, paying a deposit or invoice, or otherwise engaging us, you agree to these Terms. If a signed proposal or service agreement contains terms that differ from these, the signed document prevails to the extent of the inconsistency.

2. Quotes and engagement

Quotes and proposals are valid for [30] days from the date issued unless stated otherwise. The scope of work, deliverables and fees are those described in the accepted quote or proposal. Work outside that scope will be quoted separately as a variation and will not commence until approved by you.

3. Fees and payment

• Website and project work: a deposit of [50]% is payable before work begins, with the balance payable before the website goes live or the project is delivered.
• Ongoing services (hosting, care plans, SEO, advertising management and similar): billed monthly in advance unless otherwise agreed.
• Invoices are payable within [14] days of the invoice date. All fees are in Australian dollars and exclusive of GST unless stated otherwise.
• If an invoice remains unpaid after its due date we may suspend work, hosting or other services until payment is received, and may charge reasonable costs of recovery.
• Third-party costs such as domain names, premium plugins, stock imagery and advertising spend are additional to our fees unless included in the quote, and advertising spend is paid directly to the platform by you.

4. Your responsibilities

To deliver the Services we rely on you to provide content, images, logins, approvals and feedback within a reasonable time. You are responsible for ensuring that any material you supply is accurate and that you have the right to use it. Where we have not received the information or approvals we need, timelines may extend and we may invoice for work completed to date. You remain responsible for your business's legal compliance, including that the claims made in your content and advertising comply with the laws and codes that apply to your industry.

5. Timelines and changes

Any timeframes we provide are estimates made in good faith and depend on timely input from you. Changes requested after a design or scope has been approved may be treated as variations and quoted accordingly. We will keep you informed of any changes to the expected timeline.

6. Intellectual property

On receipt of full payment, you own the final website design, content and other deliverables created specifically for you. We retain ownership of our pre-existing tools, code, templates, know-how and any material we license to you, and grant you a non-exclusive licence to use them as part of your deliverables. Third-party components such as themes, plugins, fonts, stock imagery and software remain subject to their own licence terms. Unless you ask us not to, we may display completed work in our portfolio and marketing.

7. Hosting, care plans and third-party services

Where we host or maintain your website we will use reasonable efforts to keep it available and secure, apply updates and keep backups as described in your plan, but we cannot guarantee uninterrupted availability. Domain names are registered in your name and remain your property. Platforms such as Google, Meta and other third-party services are governed by their own terms, which you agree to when we use them on your behalf. If you move your website elsewhere, we will provide a copy of your website files and database on request and on payment of any outstanding fees.

8. Marketing services and results

Search engine optimisation, advertising and other marketing results depend on many factors outside our control, including search engine and platform algorithms, competition and your market. We do not guarantee specific rankings, traffic, leads or revenue, and no statement about expected results forms part of these Terms.

9. Cancellation and termination

• Ongoing services may be cancelled by either party with [30] days' written notice. Fees already paid for the current billing period are not refundable.
• If you cancel a project before completion, you will be invoiced for work completed to the date of cancellation and any third-party costs incurred, and deposits are non-refundable to that extent.
• We may suspend or terminate the Services if invoices remain unpaid, if you breach these Terms, or if continuing would be unlawful.

10. Confidentiality

Each party will keep the other's confidential information (including business information, logins and pricing) confidential and use it only for the purposes of the Services, except where disclosure is required by law.

11. Liability and consumer guarantees

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies those guarantees. To the extent permitted by law, our liability for any claim arising out of the Services is limited, at our option, to re-supplying the Services or paying the cost of having them re-supplied, and in any case will not exceed the fees you paid to us in the [12] months before the claim arose. We are not liable for indirect or consequential loss, loss of profit, data or business opportunity, or for loss caused by third-party platforms, services or events outside our reasonable control.

12. General

These Terms are governed by the laws of South Australia, and the parties submit to the courts of that state. We may update these Terms from time to time by publishing the new version on this page; the version current at the time you engage us applies to that engagement. If any part of these Terms is unenforceable, the remainder continues to apply. These Terms, together with your accepted quote or proposal, form the entire agreement between us.

13. Contact

Caffeinated Marketing
50 Mawson Lakes Blvd, Mawson Lakes SA 5095
Phone: 1300 423 035
Email: [email protected]