Terms of Service

1. About These Terms

These Terms govern access to blenddesigns.au and services supplied by Blend Designs (ABN 75 150 366 704) ("we", "us", or "our"). By using the website or accepting a quote, proposal, statement of work, or other project agreement, you agree to the terms that apply to that use or service.

2. Project Agreements and Priority

The scope, deliverables, fees, payment schedule, assumptions, milestones, support, and any special terms for a project will be set out in a written quote, proposal, statement of work, or contract ("Project Agreement"). If a Project Agreement conflicts with these Terms, the Project Agreement prevails to the extent of the conflict. A change to scope or requirements may require a revised quote, timeline, or written change approval.

3. Our Services

Depending on the Project Agreement, services may include:

• Website, e-commerce, mobile application, and custom software design and development
• User experience, graphic design, branding, content, and digital assets
• Search engine optimisation, analytics, integrations, hosting assistance, and consulting
• Website maintenance, technical support, and related digital services

Estimates, concepts, demonstrations, and general website information are not a commitment to deliver work unless included in an accepted Project Agreement.

4. Client Responsibilities

You agree to:

• Provide accurate requirements, content, credentials, decisions, approvals, and feedback on time
• Nominate an authorised contact who can give instructions and approvals
• Ensure materials you supply are lawful and that you have all necessary rights and permissions
• Review deliverables, test relevant functionality, and report issues within agreed review periods
• Maintain secure copies of credentials and data under your control
• Pay invoices in accordance with the Project Agreement

Delays in receiving information, access, feedback, approvals, or payment may extend delivery dates and may result in reasonable rescheduling or additional charges where stated in the Project Agreement.

5. Fees, GST, and Payment

Fees, deposits, milestones, recurring charges, expenses, and GST treatment are stated in the Project Agreement or invoice. Unless agreed otherwise, work may begin after the required deposit is received, and invoices are due within the period shown on the invoice. We may pause work or withhold handover of deliverables while an undisputed invoice is overdue, after giving reasonable notice. You must raise a genuine invoice dispute promptly and pay any undisputed amount when due.

6. Changes, Acceptance, and Handover

Requests outside the agreed scope may be quoted separately. You are responsible for reviewing deliverables and notifying us of material non-conformity with the Project Agreement within any stated review period. Minor defects that do not materially prevent use will not by themselves delay acceptance, but we will address covered defects in accordance with the Project Agreement and applicable law. Credentials, source files, or production access included in the scope will be handed over after required approvals and payment.

7. Intellectual Property

Unless the Project Agreement says otherwise and subject to full payment:

• You receive the rights expressly stated for final deliverables created specifically for your project
• We retain ownership of pre-existing materials, reusable code, tools, methods, know-how, templates, and generic components, and grant any licence needed for you to use the final deliverables
• Third-party software, fonts, stock assets, plugins, and open-source components remain subject to their own licence terms, fees, and restrictions
• You retain ownership of materials you provide and license us to use them to perform the services

Unless confidentiality has been agreed or you ask us not to before publication, we may identify you as a client and display non-confidential final work in our portfolio and marketing.

8. Third-Party Services

Projects may rely on third-party hosting, domains, platforms, plugins, APIs, payment gateways, analytics, email, or other services. Unless expressly included, you are responsible for third-party accounts, terms, licence fees, renewals, and acceptable use. We do not control third-party availability, policy changes, pricing, security, or discontinued features, but will use reasonable care when selecting or integrating services within our scope.

9. Search, Marketing, and Business Outcomes

Search rankings, traffic, leads, sales, conversion rates, advertising results, and other business outcomes depend on factors outside our control. Unless expressly guaranteed in a Project Agreement, we do not guarantee a particular ranking, audience, revenue, approval by a third-party platform, or commercial result.

10. Confidentiality and Privacy

Each party must use reasonable care to protect confidential information received from the other and use it only for the project, except where disclosure is authorised or required by law. Personal information is handled as described in our Privacy Policy and any additional data-handling terms agreed for a project. You remain responsible for the legality of data and content you instruct us to collect, publish, migrate, or integrate on your behalf.

11. Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, remedy, or liability that cannot lawfully be excluded or limited, including under the Australian Consumer Law. Where applicable, services come with guarantees including that they will be provided with due care and skill, be fit for an agreed purpose, and be supplied within a reasonable time where no time is fixed.

12. Warranties and Liability

Subject to section 11 and to the maximum extent permitted by law, we exclude implied terms that may lawfully be excluded and are not liable for indirect, special, or consequential loss, lost profit, lost opportunity, or loss caused by third-party services, client-supplied material, unauthorised changes, or use outside the agreed purpose. Where the law permits liability to be limited, our aggregate liability arising from a service is limited to the fees paid for the affected service or, at our option where permitted, supplying the service again or paying the reasonable cost of having it supplied again.

13. Suspension and Termination

Either party may terminate as allowed by the Project Agreement or for a material breach that is not remedied within a reasonable period after written notice. We may suspend affected services where reasonably necessary for security, unlawful use, serious misuse, or overdue undisputed payment. On termination, you must pay for work performed, approved expenses, and non-cancellable commitments up to the termination date. Deposits and prepaid amounts are dealt with under the Project Agreement and applicable law. Clauses intended to operate after termination continue to apply.

14. Website Use

When using our website, you must not:

• Break the law, infringe another person's rights, or submit unlawful or harmful material
• Attempt to gain unauthorised access, probe security, introduce malicious code, or disrupt the website
• Scrape, copy, republish, or commercially exploit website content except as permitted by law
• Misrepresent your identity or use forms to send spam or abusive communications

Website content is general information and may change without notice. It is not legal, financial, or other professional advice.

15. Disputes

A party raising a dispute should provide written details and allow the other party a reasonable opportunity to respond. The parties will first try in good faith to resolve the dispute through direct discussion before commencing court proceedings, except where urgent relief is needed or a statutory right allows otherwise.

16. General

These Terms and each Project Agreement are governed by the laws of Victoria, Australia. The parties submit to the courts with jurisdiction in Victoria, subject to any rights that cannot be excluded. If a provision is unenforceable, it is read down or severed to the minimum extent necessary without affecting the remaining provisions. A failure to enforce a right is not a waiver. We may update the website-use portion of these Terms by publishing a revised version; changes to an accepted Project Agreement require agreement as provided in that Project Agreement.

17. Contact Information

For questions about these Terms, contact: