Terms of Purchase
Last Updated: March 2026
1. Agreement to Terms
By engaging Sydney Digital Creatives (SDC) for website design and development services, you agree to be bound by these Terms of Purchase. These terms constitute a legal agreement between you (the "Client") and Sydney Digital Creatives, a digital creative business operated by Patrick Mullany, based in Sydney, Australia.
2. Services Description
Sydney Digital Creatives provides bespoke website design and development services. Services include custom website creation, user interface design, functionality implementation, and ongoing support as outlined in the selected pricing tier (Basic Website or Advanced Website). All services are tailored to your specific business requirements and delivered within the agreed timeline.
3. Pricing and Payment Terms
Initial Project Fee: The upfront cost for website development is due upon project commencement. Current pricing is $890 (Basic Website) or $1,500 (Advanced Website), reflecting a 50% promotional discount valid for this month only. Regular pricing applies to future projects.
Monthly Subscription: All website packages include mandatory ongoing management and hosting fees: $79/month (Basic Website) or $99/month (Advanced Website). These subscriptions commence upon website launch and continue for the duration of your engagement.
Payment Method: Payment is accepted via credit card, bank transfer, or other methods agreed upon in writing. An invoice will be provided upon project commencement.
Late Payment: Invoices are due within 14 days of issue. Late payments may incur a 1.5% monthly interest charge or suspension of services at SDC's discretion.
Refund Policy: Once website development has commenced, fees are non-refundable. However, if SDC fails to deliver services as described within 30 days of the agreed deadline, the Client may request a partial refund proportional to incomplete work.
4. Project Timeline and Delivery
Website development is estimated to be completed within one week from consultation. This timeline assumes timely provision of content, assets, and feedback from the Client. SDC is not responsible for delays caused by Client non-responsiveness, late content delivery, or scope changes requested after project commencement.
Delays beyond SDC's control (technical issues, third-party service outages) may extend the timeline. SDC will communicate any delays promptly.
5. Revisions and Change Requests
Included Revisions: The Basic Website package includes unlimited revisions during the first round of development. The Advanced Website package includes unlimited revisions during the first round of development.
Additional Revisions: Revisions requested after the first round are billed at $75/hour or as otherwise agreed in writing.
Scope Changes: Requests to add significant new features, pages, or functionality beyond the original scope will be quoted separately and require written approval before implementation.
6. Client Responsibilities
The Client agrees to:
- Provide accurate business information, branding guidelines, and content in a timely manner
- Supply high-quality images, logos, and other assets or approve SDC's sourcing of professional assets
- Respond to requests for feedback and approval within 3 business days to maintain project momentum
- Ensure all provided content does not infringe on third-party intellectual property rights
- Maintain accurate contact information for project communication
7. Intellectual Property Rights
Client Content: All content provided by the Client (text, images, branding) remains the Client's intellectual property. The Client grants SDC a non-exclusive license to use this content solely for the purpose of creating and maintaining the Client's website.
Custom Design and Code: Upon full payment, the Client receives ownership of the custom website design and code created specifically for their project. SDC retains the right to use general design patterns, frameworks, and techniques in future projects.
Third-Party Components: The website may incorporate third-party libraries, plugins, and tools (e.g., payment processors, analytics). These remain subject to their respective licenses and terms of service.
Portfolio Use: SDC reserves the right to display the completed website as a portfolio example and case study, unless the Client requests otherwise in writing.
8. Website Hosting and Domain
Hosting: Website hosting is included in the monthly subscription fee. SDC manages hosting infrastructure to ensure 99.5% uptime availability.
Domain Name: The Client is responsible for domain registration and renewal. SDC can assist with domain setup and configuration. The Client maintains full ownership of their domain name.
Service Suspension: If monthly subscription fees are not paid, SDC reserves the right to suspend website hosting after 30 days of non-payment. The website will be restored upon payment of outstanding fees plus any applicable late charges.
9. Maintenance and Support
Included Support: The monthly subscription includes 24/7 technical support for critical issues (website downtime, security vulnerabilities) and business hours support for general inquiries.
Updates and Security: SDC maintains the website's underlying infrastructure, applies security patches, and performs regular backups as part of the subscription service.
Content Updates: The Client is responsible for updating website content. SDC can provide content update services at $75/hour or as otherwise agreed.
10. Limitation of Liability
To the maximum extent permitted by Australian law, SDC's total liability for any claim arising from these terms or the services provided shall not exceed the total fees paid by the Client in the 12 months preceding the claim. SDC is not liable for indirect, incidental, consequential, or punitive damages, including loss of profits or business interruption.
11. Warranties and Disclaimers
Service Warranty: SDC warrants that services will be performed in a professional and workmanlike manner consistent with industry standards.
No Guarantee of Results: SDC does not guarantee specific business results, sales, leads, or website traffic. Website performance depends on multiple factors including marketing, content quality, and external market conditions beyond SDC's control.
Third-Party Services: SDC is not responsible for the performance or availability of third-party services integrated into the website (payment processors, email services, analytics platforms).
12. Confidentiality
Both parties agree to maintain the confidentiality of sensitive business information shared during the project. SDC will not disclose the Client's business data, customer information, or proprietary processes to third parties without written consent, except as required by law.
13. Termination
By the Client: The Client may terminate the ongoing subscription with 30 days' written notice. Termination does not affect payment obligations for the current billing period.
By SDC: SDC may terminate services if the Client breaches these terms (including non-payment) and fails to remedy the breach within 14 days of written notice.
Upon Termination: Upon termination, the Client remains responsible for payment of all fees through the termination date. SDC will provide the Client with a backup of their website data and source code within 30 days.
14. Dispute Resolution
Any disputes arising from these terms or the services provided shall first be addressed through good-faith negotiation between the parties. If negotiation fails, disputes shall be resolved through mediation or, if necessary, arbitration under Australian law. Both parties agree to attempt resolution before pursuing legal action.
15. Governing Law
These Terms of Purchase are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties consent to the exclusive jurisdiction of the courts of New South Wales.
16. Modifications to Terms
SDC reserves the right to modify these Terms of Purchase at any time. Changes will be effective upon posting to the website. Continued use of SDC's services following the posting of revised terms constitutes acceptance of the changes. Clients will be notified of material changes via email.
17. Contact Information
For questions regarding these Terms of Purchase or to report a concern, please contact: