These Terms and Conditions apply to:
The website and services are operated by BrainStack Corporation Pty Ltd, ABN 81 637 943 698, trading as BrainStack | Web Design & Digital Marketing (BrainStack, we, us or our).
By using our website, you agree to the provisions relating to website use.
You agree to the service-related provisions when you:
If you are accepting these Terms for a business or organisation, you confirm that you have authority to bind that organisation.
If a quotation, proposal, statement of work or separately signed agreement contains different terms, that document will take priority to the extent of any inconsistency.
Information published on our website is general information only. It does not constitute legal, financial, taxation or other regulated professional advice.
We take reasonable care when preparing website content, but we do not guarantee that every page will always be complete, current or free from errors.
You should obtain appropriate advice before acting on information where your circumstances require professional guidance.
A quotation or proposal may specify:
A quotation remains valid for the period specified in the quotation. If no period is specified, it remains valid for 30 days.
Work outside the agreed scope may require a revised quotation or written change approval.
You may request changes to the agreed services. We will advise you if a request:
We will not charge for material additional work without first informing you and obtaining approval.
Minor adjustments included in the agreed revision allowance will not be treated as additional work.
You agree to:
You must not ask us to create, publish or promote material that is unlawful, misleading, deceptive, defamatory, discriminatory or infringes another person’s rights.
We may refuse or suspend work involving unlawful or seriously inappropriate material.
Fees will be set out in the applicable quotation, proposal, subscription or invoice.
Prices displayed to consumers include GST where required by law. Business quotations and invoices will identify whether GST is included or added separately.
Unless otherwise agreed:
If you dispute an invoice, you must notify us promptly and explain the disputed amount. You must still pay any undisputed amount by the due date.
Recurring services are billed according to the agreed billing cycle.
Unless a proposal specifies a minimum commitment period, you may cancel a recurring service at any time by providing written notice before the next billing date. Cancellation will normally take effect at the end of the current paid billing period.
Certain promotional services may require a minimum commitment. Examples include a complimentary website redesign provided with a 12-month marketing arrangement or a specially discounted setup package.
Any minimum commitment, discounted setup value and early cancellation consequences must be clearly stated in the relevant proposal before acceptance.
An early cancellation charge must reflect reasonable costs, work already performed or a disclosed discount received. It will not be imposed solely as a penalty.
Nothing in this section limits any cancellation or remedy available under the Australian Consumer Law.
Delivery dates are estimates unless we expressly agree to a fixed deadline in writing.
Delivery may depend on:
If a project is delayed because required information, content or approval has not been supplied, we may reasonably adjust the schedule.
If a project remains inactive because of the client for more than 60 days, we may propose a revised schedule or close the project after giving notice. Fees for work already completed remain payable.
You are responsible for reviewing deliverables before publication.
Approval may be provided through email, a project management system, a meeting record or another agreed method.
Once a deliverable is approved, changes may be treated as additional work unless the change is required to correct our failure to deliver the agreed scope.
Approval does not remove rights that cannot be excluded under the Australian Consumer Law.
Our services may depend on third-party providers, including:
Your use of a third-party service may be subject to that provider’s terms, fees and privacy policy.
We are not responsible for a third party changing its platform, pricing, policies, algorithm, availability or account requirements. We will take reasonable steps to assist with issues that fall within our agreed service scope.
Unless otherwise agreed:
We may recommend changes to budgets, landing pages, offers or targeting, but material changes require client approval.
We use reasonable care and skill when providing SEO and digital marketing services. However, search rankings, traffic, leads, enquiries, conversions and sales are affected by factors outside our control.
These include:
Unless an express written guarantee and its conditions are included in a proposal, we do not guarantee a particular ranking, number of leads, revenue amount or advertising return.
Any written guarantee is subject to its clearly disclosed eligibility requirements, measurement method, client responsibilities and remedy. No guarantee excludes rights available under the Australian Consumer Law.
Where practical, client domain names and primary platform accounts should be registered in the client’s name or transferred to the client after payment.
The client is responsible for:
If we manage hosting or domain renewals, the applicable costs and responsibilities will be identified in the proposal.
We are not responsible for the expiry of a domain or service where a client has failed to pay an invoice, update payment details or respond to reasonable renewal notices.
We may use AI-assisted tools to improve efficiency in research, content, design, analysis, automation and production.
AI-assisted output may require editing, fact-checking and client approval. We apply reasonable human review appropriate to the service.
We will not knowingly submit sensitive or confidential client information to a publicly accessible AI system without appropriate authority.
Unless expressly agreed otherwise, the use of AI tools does not change the ownership arrangements for final deliverables described in these Terms.
You retain ownership of materials you provide to us. You grant us a limited licence to use those materials for delivering the agreed services.
You confirm that you own the supplied materials or have permission to use them.
We retain ownership of our pre-existing:
Ownership or licensing of final deliverables will be described in the relevant proposal.
Unless otherwise stated, agreed rights to custom final deliverables transfer to the client after full payment, subject to:
Unapproved concepts, drafts and unused designs remain our property.
We may display completed, publicly available work in our portfolio and marketing materials unless you request confidentiality or a written confidentiality agreement applies.
Each party must take reasonable steps to protect confidential information received from the other party.
Confidential information may be used only for providing or receiving the services. This obligation does not apply to information that:
Our handling of personal information is explained in our Privacy Policy.
If you provide customer information, advertising leads, mailing lists or other personal information, you confirm that it has been collected lawfully and may be used for the agreed purpose.
You are responsible for providing required collection notices and obtaining required marketing consent. We will take reasonable steps to process the information only for the agreed services and lawful instructions.
You must not:
We may restrict access where reasonably necessary to protect the website, users or business.
Our website may link to third-party websites for convenience. A link does not necessarily mean we endorse or control that website.
We are not responsible for third-party content, availability, security, products or privacy practices.
Our services come with rights and guarantees that may apply under the Australian Consumer Law.
Nothing in these Terms excludes, restricts or modifies:
If a service fails to meet an applicable consumer guarantee, you may be entitled to a remedy such as correction, re-supply, cancellation, refund or compensation, depending on the circumstances and applicable law.
We will provide the agreed services with reasonable care and skill.
To the extent permitted by law, we are not responsible for loss caused by:
This section does not exclude liability caused by our fraud, wilful misconduct, breach of confidentiality, failure to exercise reasonable care and skill, or another liability that cannot legally be excluded.
Either party may terminate a service if the other party commits a material breach and does not correct it within a reasonable period after receiving written notice.
We may suspend or terminate services immediately where reasonably necessary because of:
Where we terminate a service for convenience rather than client breach, we will provide reasonable notice and refund prepaid fees for services that will not be supplied.
When services end:
If a concern arises, the parties should first attempt to resolve it through good-faith communication.
A party should provide written details of:
We will aim to respond within 10 business days.
If the issue cannot be resolved directly, either party may propose mediation before commencing court proceedings. This does not prevent either party from seeking urgent relief or using a consumer protection process.
We may update the website-use provisions of these Terms by publishing a revised version.
Changes to an active fixed-term service will not apply retrospectively unless:
For recurring services, we will provide reasonable notice of material changes. If you do not accept a material change, you may cancel before it takes effect, subject to any valid minimum commitment already agreed.
If part of these Terms is found to be invalid or unenforceable, the remaining provisions continue to apply.
A delay in enforcing a right does not waive that right.
Neither party may transfer an active service agreement without the other party’s consent, except as part of a genuine business sale or restructure and with reasonable notice.
These Terms are governed by the laws of Tasmania, Australia.
The parties submit to the courts and tribunals with jurisdiction in Tasmania, subject to any rights a consumer may have to bring a claim in another jurisdiction.
BrainStack Corporation Pty Ltd
Trading as BrainStack | Web Design & Digital Marketing
ABN 81 637 943 698
Tasmania 7015, Australia
Email: info@brainstack.au
Telephone: 0421 862 263
Website: https://www.sobinsebastian.com/
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