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Terms of Service

TERMS OF SERVICE

Last updated: 18 August 2026

  1. AGREEMENT TO THESE TERMS

These Terms of Service (“Terms”) govern the provision of services by Brendan Elliston Design (“Brendan Elliston Design”, “we”, “us” or “our”) and your use of our website and related services.

By engaging Brendan Elliston Design, accepting a proposal or quote, making a payment, or otherwise using our services, you (“Client”, “you” or “your”) agree to these Terms.

These Terms should be read together with any proposal, quote, invoice, scope of work, project brief or other written agreement provided to you. If there is an inconsistency, the specific terms contained in the applicable proposal or written agreement will take precedence.

You must be at least 18 years old and legally capable of entering into an agreement to engage our services.

  1. OUR SERVICES

Brendan Elliston Design provides creative and digital services which may include:

  • Brand strategy and visual identity design
  • Logo design
  • Website design
  • Website development
  • Landing page design and development
  • Graphic design
  • Copywriting or content assistance
  • Website hosting
  • Website maintenance and technical support
  • Domain and DNS assistance
  • Website updates
  • Third-party software integrations
  • Other related creative or digital services agreed in writing

The exact scope, deliverables, pricing and timeframe for a project will be specified in the relevant proposal, quote, invoice or written agreement.

Anything not expressly included in the agreed scope is considered additional work and may incur an additional fee.

  1. PROPOSALS, QUOTES AND SCOPE

Any proposal or quote describes the work included in a project at the time it is issued.

Unless otherwise stated, a proposal or quote does not include unlimited revisions or work outside the agreed scope.

Requests which materially change the direction, functionality, content or requirements of a project may be treated as a change in scope.

Where additional work is requested, Brendan Elliston Design may:

  • provide a separate quote;
  • charge an agreed hourly rate;
  • modify the project price or timeframe; or
  • decline the additional work.

Any estimated project timeframe depends on the Client providing required materials, approvals and feedback within a reasonable period.

  1. CLIENT RESPONSIBILITIES

The Client agrees to provide all information and materials reasonably required to complete the work, including where applicable:

  • text and website copy;
  • photographs and other imagery;
  • logos and brand assets;
  • account credentials;
  • domain information;
  • business information;
  • legal notices;
  • product or service information; and
  • timely feedback and approvals.

The Client is responsible for ensuring that information supplied to Brendan Elliston Design is accurate.

The Client warrants that it owns, licenses or otherwise has permission to use all materials supplied to Brendan Elliston Design.

Brendan Elliston Design is not responsible for delays caused by the Client failing to provide required information, content, approvals, access or feedback.

Project deadlines may be extended where Client delays affect the original schedule.

  1. FEEDBACK AND REVISIONS

The number of revision rounds included in a project will be stated in the proposal or scope of work.

A revision means a reasonable modification to work already presented and does not include creating a substantially different concept or changing the agreed project direction.

Additional revisions may incur additional charges.

Clients are encouraged to provide consolidated feedback wherever possible.

Approval of a design, page, concept or deliverable authorises Brendan Elliston Design to proceed to the next stage of the project.

  1. FEES AND PAYMENT

Fees are set out in the relevant proposal, quote, invoice or subscription agreement.

Unless otherwise stated:

  • all prices are in the currency shown on the invoice or proposal;
  • invoices must be paid by the due date shown;
  • work may be paused where an invoice becomes overdue; and
  • final deliverables may be withheld until all amounts relating to the project have been paid.

Where a project requires an upfront payment or deposit, work will generally not commence until that payment has been received.

Payments already made for completed work are non-refundable except where required by law.

If a project is cancelled after work has commenced, the Client remains responsible for payment for work already performed and any non-refundable third-party expenses incurred on the Client’s behalf.

  1. RECURRING SERVICES AND SUBSCRIPTIONS

Some services may be provided on a recurring monthly or annual basis, including website hosting, website support, maintenance, design services or other ongoing services.

The applicable subscription price and any minimum commitment period will be stated when the Client purchases or agrees to the service.

Where a minimum commitment applies, the Client agrees to pay the recurring fees for the full minimum commitment period unless otherwise agreed in writing or required by law.

After any minimum commitment period has ended, the service will continue on the agreed recurring basis until cancelled.

Unless a different notice period is stated in the applicable agreement, recurring services may be cancelled with 30 days’ written notice after any applicable minimum commitment has been completed.

Fees already paid for a billing period are generally not refundable merely because the Client elects not to use the service during that period, subject always to rights available under applicable law.

  1. LATE OR FAILED PAYMENTS

If a recurring payment fails or an invoice remains unpaid, Brendan Elliston Design may temporarily suspend:

  • hosting;
  • maintenance;
  • support;
  • website updates;
  • access to services; or
  • further project work.

Reasonable notice will ordinarily be provided before a live website is suspended for non-payment.

The Client remains responsible for outstanding amounts incurred before suspension or termination.

  1. WEBSITE HOSTING

Where website hosting is included in an ongoing service, Brendan Elliston Design will use reasonable care in providing the hosting service.

Internet services cannot be guaranteed to operate without interruption.

Temporary outages may occur because of:

  • server maintenance;
  • software updates;
  • network failures;
  • security incidents;
  • DNS issues;
  • third-party provider outages;
  • infrastructure failures; or
  • circumstances outside reasonable control.

Brendan Elliston Design does not guarantee 100% website uptime.

Where hosting is cancelled or terminated, the Client may request reasonable assistance transferring their website to another provider. Additional migration work may incur a fee where it falls outside the agreed service.

  1. DOMAINS

Unless otherwise agreed, the Client should remain the legal registrant and owner of their domain name.

Where Brendan Elliston Design assists with registering, configuring or managing a domain on the Client’s behalf, the Client remains responsible for applicable registration and renewal costs unless those costs are expressly included in their service.

Brendan Elliston Design is not responsible for the loss of a domain caused by:

  • the Client failing to pay a registrar;
  • expired registration;
  • inaccurate account information;
  • actions taken by a domain registrar;
  • disputes concerning domain ownership; or
  • circumstances outside Brendan Elliston Design’s reasonable control.
  1. THIRD-PARTY SERVICES

Projects may use or integrate third-party products and services including, for example:

  • Cloudflare;
  • WordPress;
  • Elementor;
  • Google;
  • Meta;
  • Stripe;
  • Calendly;
  • HubSpot;
  • email marketing platforms;
  • analytics platforms;
  • booking systems;
  • ticketing services;
  • payment processors;
  • fonts;
  • stock imagery;
  • plugins;
  • APIs; and
  • hosting infrastructure.

These services are operated independently from Brendan Elliston Design and may be governed by their own terms, pricing and privacy policies.

Brendan Elliston Design does not control third-party services and is not responsible for changes made by those providers, including changes to pricing, functionality, availability, compatibility or terms.

Where a third-party service requires an ongoing licence or subscription, the Client is responsible for those costs unless expressly stated otherwise.

  1. CLIENT CONTENT

The Client retains ownership of intellectual property in material supplied by the Client.

The Client grants Brendan Elliston Design a limited licence to use, reproduce, adapt and process that material as reasonably necessary to provide the agreed services.

The Client warrants that Client-supplied materials do not infringe the intellectual property, privacy or other rights of any third party.

Brendan Elliston Design may decline to publish or work with content that is unlawful or that reasonably appears to infringe third-party rights.

  1. OWNERSHIP OF FINAL DESIGN WORK

Unless otherwise agreed in writing, all intellectual property rights in design work, concepts, layouts, visual assets, website designs, code, creative materials and other deliverables created by Brendan Elliston Design remain the property of Brendan Elliston Design.

The Client may not, without prior written permission from Brendan Elliston Design:

  • resell or commercially license the design work;
  • claim authorship or ownership of the underlying design intellectual property;
  • reproduce the work for unrelated businesses, brands or projects;
  • distribute editable or source files to third parties for resale or commercial reuse; or
  • use the work to create substantially similar products, templates or commercial design assets for resale.

Ownership of third-party materials does not transfer to either party and remains subject to the applicable third-party licences. This includes:

  • third-party software;
  • third-party fonts;
  • stock photography;
  • stock graphics;
  • plugins;
  • templates;
  • open-source software;
  • development libraries; and
  • other licensed assets.

Brendan Elliston Design retains ownership of all underlying tools, processes, design systems, reusable components, templates, methods, code libraries and intellectual property developed before or independently of the Client’s project.

 

  1. WEBSITE CODE AND DEVELOPMENT COMPONENTS

Brendan Elliston Design retains the right to reuse general knowledge, techniques, processes, layouts, code patterns, components and development methods that are not uniquely identifiable as confidential Client intellectual property.

Third-party and open-source code remains subject to its applicable licence.

  1. DESIGN CONCEPTS AND UNUSED WORK

Concepts, drafts, explorations, rejected designs and other materials that are not selected as final deliverables remain the property of Brendan Elliston Design unless otherwise agreed in writing.

Payment for a project does not automatically transfer ownership of every concept or draft created during the design process.

  1. PORTFOLIO RIGHTS

Unless the Client requests otherwise in writing, Brendan Elliston Design may display completed work for reasonable self-promotional purposes, including:

  • the Brendan Elliston Design website;
  • portfolio presentations;
  • case studies;
  • social media;
  • proposals;
  • design showcases; and
  • professional directories.

Confidential or commercially sensitive information will not knowingly be disclosed as part of a portfolio presentation.

A Client may request that a project remain confidential or not be publicly displayed.

  1. CLIENT CHANGES AFTER DELIVERY

Once a website or other deliverable has been approved and delivered, the Client may modify it themselves or engage another provider to modify it.

Brendan Elliston Design is not responsible for problems caused by modifications made by the Client or another third party after delivery.

Work required to diagnose or repair such issues may be charged separately.

  1. WEBSITE CONTENT AND LEGAL COMPLIANCE

The Client is responsible for the business and legal content published through their website.

Unless specifically engaged to provide legal services, Brendan Elliston Design does not provide legal advice and does not guarantee that Client-provided or template legal documents comply with every law applicable to the Client’s business.

The Client is responsible for determining whether their website requires documents or mechanisms such as:

  • privacy policies;
  • terms and conditions;
  • cookie notices;
  • disclaimers;
  • accessibility measures;
  • licences;
  • regulatory disclosures; or
  • industry-specific notices.

Where Brendan Elliston Design assists with implementing such material, responsibility for the substance and legal suitability of that material remains with the Client unless otherwise expressly agreed.

  1. SEARCH ENGINES, MARKETING AND BUSINESS RESULTS

Unless expressly included in the agreed scope, Brendan Elliston Design does not guarantee:

  • search engine rankings;
  • website traffic;
  • leads;
  • enquiries;
  • sales;
  • advertising performance;
  • conversion rates;
  • social media growth;
  • revenue; or
  • any particular business outcome.

Design and website services are intended to provide the agreed creative or technical deliverables. Business outcomes depend on numerous factors outside Brendan Elliston Design’s control.

  1. PROJECT DELAYS AND INACTIVE PROJECTS

Projects rely on timely communication between both parties.

If the Client becomes unresponsive or fails to provide required materials or feedback, Brendan Elliston Design may pause the project.

A paused project may need to be rescheduled based on current availability.

If a Client remains unresponsive for an extended period, Brendan Elliston Design may treat the project as inactive and close it after providing reasonable notice.

Any work required to restart an inactive project may be subject to a revised schedule or additional fee.

  1. CANCELLATION OF PROJECTS

Either party may terminate a project by providing written notice.

If the Client terminates a project after work has commenced, the Client must pay for:

  • work completed up to the termination date;
  • approved work in progress;
  • non-refundable expenses;
  • third-party services purchased for the project; and
  • any other amount required under an agreed minimum commitment.

Where the amount already paid exceeds the value properly payable at termination, any refund due will be handled in accordance with the applicable agreement and Australian law.

Brendan Elliston Design may terminate a project or service where there is a serious breach of these Terms, including persistent non-payment, unlawful conduct or abusive conduct.

  1. TERMINATION OF HOSTING OR ONGOING SERVICES

When an ongoing website service ends, Brendan Elliston Design may cease providing hosting, maintenance, updates and technical support from the effective cancellation date.

Where reasonably practicable, the Client may request a copy or transfer of website materials that the Client owns.

Any outstanding invoices must be paid before Brendan Elliston Design is required to perform additional migration or handover work, except where otherwise required by law.

Third-party licence arrangements may mean that some software, plugins, services or functionality cannot be transferred.

  1. DATA AND BACKUPS

Brendan Elliston Design may maintain backups as part of certain hosting or maintenance services.

Unless a specific backup service is expressly guaranteed in writing, backups are provided as a precaution rather than as an absolute guarantee against data loss.

Clients should retain copies of important business information, content, credentials and other critical data.

Brendan Elliston Design will take reasonable care when handling Client information but cannot guarantee that electronic systems will never experience data loss, corruption or unauthorised access.

  1. CONFIDENTIALITY

Each party agrees to take reasonable steps to protect confidential information received from the other party.

Confidential information does not include information that:

  • is already publicly available;
  • becomes publicly available without breach of these Terms;
  • was lawfully known before disclosure;
  • is independently developed without using the confidential information; or
  • must be disclosed by law.
  1. PRIVACY

Personal information collected through Brendan Elliston Design’s website or services will be handled in accordance with any applicable Privacy Policy and applicable law.

The Client is responsible for the privacy practices relating to information collected through the Client’s own website once the website is operating on the Client’s behalf.

  1. WARRANTIES AND AUSTRALIAN CONSUMER LAW

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Subject to those rights, Brendan Elliston Design does not make any additional warranty that the services will be completely uninterrupted, error-free or suitable for purposes that were not communicated before the services were supplied.

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Brendan Elliston Design will not be liable for indirect, incidental, special or consequential loss arising from the services, including loss resulting from circumstances outside reasonable control.

This may include loss associated with:

  • third-party platform outages;
  • unauthorised third-party access;
  • changes made by the Client or another provider;
  • expired domains;
  • external software failures;
  • loss of search engine ranking;
  • external cybersecurity incidents;
  • third-party account suspension;
  • loss of prospective revenue or opportunities; or
  • Client failure to maintain appropriate backups or credentials.

Nothing in this section limits liability where doing so would be prohibited by law.

Where liability can lawfully be limited, Brendan Elliston Design’s liability will, where appropriate, be limited to supplying the affected services again or paying the reasonable cost of having those services supplied again.

  1. INDEMNITY

To the extent permitted by law, the Client agrees to indemnify Brendan Elliston Design against third-party claims, loss or reasonable expenses arising directly from:

  • unlawful content supplied by the Client;
  • infringement caused by materials supplied by the Client;
  • the Client’s misuse of the services;
  • information or representations published at the Client’s direction; or
  • the Client’s breach of these Terms.

This clause does not apply to the extent that the loss was caused by the negligence, unlawful conduct or breach of Brendan Elliston Design.

  1. SECURITY

Reasonable security practices may be used when providing website services.

No internet-connected system can be guaranteed to be completely secure.

The Client is responsible for maintaining appropriate security for accounts under their control, including:

  • secure passwords;
  • multi-factor authentication where available;
  • appropriate account permissions; and
  • protecting login credentials.

Brendan Elliston Design should be notified promptly if the Client becomes aware of suspected unauthorised access affecting services managed by Brendan Elliston Design.

  1. FORCE MAJEURE

Neither party will be responsible for failure or delay caused by circumstances reasonably outside that party’s control.

These circumstances may include natural disasters, fire, flood, war, civil disturbance, widespread internet or telecommunications failure, government action, infrastructure failure, major third-party service outages or serious illness.

The affected party must take reasonable steps to minimise the effect of the delay.

  1. ELECTRONIC COMMUNICATIONS

The Client agrees that project approvals, contracts, invoices, notices and other communications may be provided electronically.

Electronic acceptance, including acceptance by email, online payment, electronic signature or other clear written confirmation, may be relied upon as evidence of agreement.

  1. CHANGES TO THESE TERMS

Brendan Elliston Design may update these Terms from time to time.

The current version will be identified by the “Last updated” date.

Changes will not retrospectively alter an agreed fixed project or minimum contractual commitment unless required by law or agreed by both parties.

Continued use of ongoing services after reasonable notice of updated Terms may constitute acceptance of those updated Terms.

  1. DISPUTE RESOLUTION

If a dispute arises, both parties agree to first attempt to resolve it in good faith through direct communication.

A party raising a dispute should provide reasonable details of the issue and the outcome sought.

Nothing in this section prevents either party from exercising any right available under applicable consumer protection legislation or from seeking urgent legal relief where necessary.

  1. GOVERNING LAW

These Terms are governed by the laws of Victoria, Australia and applicable Commonwealth laws of Australia.

Subject to any rights that provide otherwise, the parties submit to the jurisdiction of the courts and tribunals of Victoria and applicable Commonwealth courts.

  1. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary without affecting the remaining provisions.

  1. NO WAIVER

A failure or delay by Brendan Elliston Design to exercise a right under these Terms does not constitute a waiver of that right.

  1. ENTIRE AGREEMENT

These Terms together with the applicable proposal, quote, scope of work, invoice and any other expressly incorporated agreement form the agreement between Brendan Elliston Design and the Client regarding the relevant services.

They replace prior discussions or representations concerning the same services except where expressly incorporated into the agreement.

  1. CONTACT

Questions regarding these Terms may be directed to:

Brendan Elliston Design
Victoria, Australia
Email: Brendan.elliston@gmail.com
Website: brendanelliston.com
ABN: 46966824758

Brendan Elliston Design
Brand identity, website design and related creative services.