Terms of Service

1. Overview

These Terms of Service ("Terms") govern the services provided by Pixelpond Studio ("Pixelpond Studio", "we", "us", or "our") (ABN 27 735 827 398), an Australian-based design and development studio. By engaging our services — including by accepting a quote or paying a deposit — you ("you", the "client") agree to be bound by these Terms.

Where a signed project agreement, quote, or scope of work conflicts with these Terms, the terms of that project agreement prevail for that project.

2. Services

Pixelpond Studio provides custom website, web application, brand, and related digital design and development services. The specific deliverables, scope, and exclusions for each project are defined in the project quote or scope of work agreed before the project begins, which forms part of these Terms.

Work that falls outside the agreed scope is not included and will be quoted separately before it is carried out.

3. Quotes and Pricing

All quotes are provided in Australian Dollars (AUD) and are fixed-price for the scope described. Unless stated otherwise, a quote is valid for 14 days from its date of issue. Prices are exclusive of third-party costs (see section 9) unless expressly included in the quote.

4. Payments

Unless your project agreement states otherwise:

• a deposit of 50% is payable on acceptance of the quote to secure your build slot;
• the remaining 50% is payable on completion, before final handover.

Smaller fixed-price packages may be payable in full up front where stated. Payments are processed securely via Stripe. Work does not begin until the deposit has cleared, and late or missed payments may pause the project and delay delivery.

5. Client Responsibilities

To keep your project on track, you agree to provide, in a timely way, the content, assets, access, and feedback reasonably needed to complete the work. You are responsible for ensuring that any material you supply (text, images, logos, data, or other content) is accurate and that you have the right to use it. Delays in providing materials or feedback may extend the timeline.

6. Revisions

Each project includes the number of revision rounds stated in your project agreement. Revision requests are submitted through your project portal. Additional revisions, or changes that alter the agreed scope, may be quoted separately.

7. Project Timeline

Estimated timelines are provided in good faith but are not guaranteed. Delays caused by late feedback, scope changes, third parties, or circumstances beyond our reasonable control may extend the timeline. We will communicate any significant delays promptly.

8. Intellectual Property

Upon receipt of full payment, the intellectual property rights in the final deliverables created specifically for your project — including source code, designs, and assets — are assigned to you.

Until full payment is received, all rights in the work remain with Pixelpond Studio. Third-party libraries, frameworks, fonts, and open-source components remain the property of their respective owners and are provided under their own licences. We may retain copies of the work for our records and portfolio, and may showcase non-confidential aspects of the project as part of our portfolio unless you ask us in writing not to.

9. Third-Party Services and Ongoing Costs

Projects often rely on third-party services such as hosting, domain registration, payment processing, email delivery, and analytics. Unless expressly included in your quote, the accounts, subscriptions, and ongoing fees for these services are your responsibility and are set up in your name. We are not responsible for the availability, performance, or pricing of third-party services.

10. Cancellation and Refunds

If you cancel a project after paying the deposit:

• if work has not yet commenced, the deposit may be refunded less a reasonable administrative fee;
• if work has commenced, the deposit is non-refundable, and any work completed to that point will be delivered to you.

We may also cancel a project and refund the deposit if we determine it is not a suitable fit. Nothing in this section limits any rights you may have under the Australian Consumer Law.

11. Warranties and Consumer Rights

We will perform our services with due care and skill. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies to you and cannot lawfully be excluded.

Beyond those non-excludable rights, the deliverables are provided without further warranties, and you are responsible for testing, maintaining, and updating the work after handover.

12. Liability

To the maximum extent permitted by law, and subject to section 11, our total liability arising out of or in connection with a project is limited to the total amount paid by you for that project. We are not liable for any indirect, incidental, consequential, or special loss, or for loss of profits, data, or business, arising from the use of the deliverables or third-party services.

13. Confidentiality

Each party agrees to keep confidential any proprietary or sensitive information shared during a project and to use it only for the purpose of that project. This obligation survives the completion or termination of the project. Handling of personal information is also governed by our Privacy Policy.

14. Governing Law

These Terms are governed by the laws of Australia. Any dispute arising under them is subject to the jurisdiction of the Australian courts. We encourage you to raise any concern with us first so we can try to resolve it directly.

15. Changes to These Terms

We may update these Terms from time to time. The current version is always available on this page, with the "Last updated" date shown above. The Terms that applied when your project agreement was accepted continue to govern that project.

16. Contact

If you have any questions about these Terms, please contact us at support@pixelpond.au.