Effective date: 30 July 2026
These Client Terms and Conditions (“Terms”) apply to website design, website development, branding, copywriting, content creation, search optimisation, hosting, website care, consulting and related digital services supplied by Charis White Celebrant & Co Pty Ltd ACN 639 191 905 in its capacity as trustee for the Charis White Celebrant & Co Unit Trust ABN 53 807 925 086, trading as Booked by Design (“Booked by Design”, “we”, “our” or “us”).
The person or entity purchasing the services is referred to as the “Client”, “you” or “your”.
These Terms should be read together with the proposal, quotation, scope of work or service description we give you (“Proposal”). Together, those documents form the agreement between us (“Agreement”).
If there is an inconsistency, the Proposal takes priority to the extent of the inconsistency, followed by these Terms.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law applies, services must be provided with due care and skill, be reasonably fit for a purpose you make known to us where you reasonably rely on our skill or judgment, and be provided within a reasonable time where no time has been agreed.
Any exclusion or limitation in these Terms operates only to the maximum extent permitted by law.
You accept the Agreement when, after receiving or being given access to these Terms, you:
A person accepting the Agreement for a company, trust, partnership or other organisation confirms that they are authorised to bind that entity.
A change to these Terms will not apply retrospectively to an existing Project unless both parties agree to it in writing.
We will provide the services and Deliverables described in the accepted Proposal.
“Deliverables” means the final work expressly identified as a deliverable in the Proposal. Drafts, rejected concepts, working files, preliminary material, internal tools and development resources are not Deliverables unless the Proposal expressly says otherwise.
Anything not expressly included in the Proposal is outside scope. This may include:
We will provide the agreed services with due care and skill.
Either party may propose a change to the scope, Deliverables, timing or Project assumptions.
Before performing material additional work, we will explain the proposed change and any reasonably ascertainable effect on the fees or Project schedule. We will not charge for material out-of-scope work without your approval.
Approval may be given by email or another written communication.
Minor incidental work may be charged at an hourly rate disclosed in the Proposal where the Proposal clearly authorises that arrangement.
A scope change may require a revised quotation, booking payment or delivery schedule.
You agree to:
You are responsible for business decisions made using the Deliverables.
We are not responsible for a delay to the extent that it is caused by your failure to meet these responsibilities. We will take reasonable steps to minimise avoidable delay and notify you if a Client delay is likely to materially affect the Project schedule or fees.
“Client Materials” means content, images, videos, logos, trade marks, data, documents, software, access credentials and other material supplied or selected by you.
You confirm, to the best of your knowledge after making reasonable enquiries, that:
We may decline to use material or follow an instruction where we reasonably believe doing so would be unlawful, unsafe, misleading, technically harmful or inconsistent with reasonable professional standards.
We will explain the concern and, where practicable, allow you to provide an alternative.
You retain ownership of your Client Materials.
The number of included revision rounds will be stated in the Proposal. Unless the Proposal says otherwise:
A “revision round” means one consolidated set of reasonable amendments to the work presented at that stage. It does not include a substantial change to the brief, a new concept requested after approval or work outside scope.
You must check proofs and Deliverables carefully, including:
Your approval authorises us to proceed to the next Project stage or publish the approved work.
A correction required because we failed to implement an approved instruction accurately will not count as an additional revision.
Additional revisions will be quoted or charged at a previously disclosed rate after receiving your approval.
Any agreed milestones or target dates will be stated in the Proposal.
A target date is an estimate unless the Proposal expressly identifies it as a fixed deadline. We will use reasonable care to meet agreed timeframes and notify you of a material anticipated delay.
A Project schedule may reasonably change because of:
Where no completion time has been agreed and the Australian Consumer Law applies, we will provide the services within a reasonable time.
If we cannot continue because you have not provided required information, access, feedback or approval, we may give you written notice that the Project is inactive.
After 30 days of Client-caused inactivity, we may place the Project on hold.
After 60 days, we may propose a revised schedule and a reasonable restart fee or revised quotation where additional work or expense is genuinely required. We will disclose and obtain approval for any restart fee before resuming work.
If the Project remains inactive for 90 days after written notice, either party may terminate it under section 24.
All fees are stated in Australian dollars.
Unless a Proposal expressly states otherwise, all prices displayed or quoted to consumers include GST and any other unavoidable tax, duty or charge.
Where prices are quoted exclusively to business clients, a Proposal may state that prices exclude GST. If so, GST will be added at the applicable rate and the GST-inclusive total will be disclosed before the Client accepts the Proposal.
We will issue tax invoices where required. Tax invoices will identify the supplier, display ABN 53 807 925 086 and include the information required by applicable GST law.
Third-party charges are excluded unless expressly included in the Proposal.
We will not impose an additional fee that was not disclosed or reasonably calculable when the Agreement was made without your approval.
The Proposal may contain a Project-specific payment schedule.
Unless the Proposal states otherwise:
Website Projects
Branding Projects
Additional Services
Invoices are payable within seven days unless the invoice states another period.
A booking payment reserves capacity in our schedule and is part-payment for the Project. Its treatment following cancellation is governed by section 24. It is not automatically forfeited regardless of the circumstances.
If an undisputed invoice is overdue, we may give you written notice requesting payment.
If the invoice remains unpaid after the reasonable period specified in the notice, we may pause work or withhold launch and final handover until the overdue amount is paid.
Before suspending a live service that could materially affect your business, we will give reasonable notice where practicable. Notice may not be possible where immediate action is reasonably necessary for security, legal or infrastructure reasons.
You must notify us promptly if you genuinely dispute an invoice. Both parties will work in good faith to resolve the dispute. Any undisputed portion remains payable.
Reasonable external recovery costs may be recoverable where legally permitted and reasonably incurred after appropriate notice.
A Project may depend on third-party products or services, including:
Third-party products remain subject to their providers’ terms, privacy policies, licensing conditions, availability and pricing.
We will identify material third-party costs reasonably known before you approve them.
Unless the Proposal states otherwise, you are responsible for ongoing third-party subscriptions and licence fees after handover.
We are not responsible for a third party’s independent act, omission, outage, price change or discontinuation outside our reasonable control. This does not exclude responsibility for our failure to exercise due care and skill when selecting, configuring or integrating a third-party service.
We will not knowingly use an unlicensed third-party asset in a final Deliverable.
Unless the Proposal states otherwise, you should register and own your domain name in your own legal name and maintain current registration, billing and recovery details.
You are responsible for domain-renewal charges and responding to registrar notices after handover.
If we administer a domain for you, we will exercise reasonable care but cannot control independent registrar or registry outages.
On request and subject to payment of outstanding domain-related charges, we will reasonably assist with transferring administrative control to you.
We are not responsible for domain expiry caused by your failure to pay a renewal charge or maintain current contact details after receiving reasonable notice.
Where we supply hosting or a website care plan, the Proposal will state:
Hosting fees paid in advance are not refundable for a period already supplied.
If hosting is cancelled during a prepaid future period, we will refund the unused portion except to the extent that:
We do not promise uninterrupted service unless the Proposal contains a specific service level. We will use reasonable care in supplying services under our control and responding to incidents.
Before Agency-provided hosting ends, you are responsible for arranging replacement hosting. On request, we will provide reasonable migration assistance. Migration work may be chargeable if it is not included in the Proposal.
We may change a recurring hosting or care-plan fee by giving reasonable advance notice. If you do not accept a material increase, you may cancel before it takes effect without an additional cancellation penalty.
No website or online system can be guaranteed to be completely secure or continuously available.
We will take security precautions reasonably appropriate to the services we have agreed to provide.
Responsibilities for software updates, security monitoring, backups, restoration, malware response and access management will be stated in the Proposal or care-plan description.
You are responsible for:
We are not responsible for a security incident to the extent that it results from circumstances outside our reasonable control, Client acts or omissions, unsupported software you require us to retain, or a third party’s independent failure.
Nothing in this section excludes liability for our negligence, breach of contract or failure to comply with a non-excludable legal obligation.
If search optimisation is included, we will provide only the work described in the Proposal.
Search engines, social platforms and advertising services are controlled by third parties. Unless expressly guaranteed in writing, we do not promise:
We will not knowingly use deceptive or prohibited search techniques.
Unless expressly included in the Proposal, we do not provide legal, accounting, taxation or regulatory advice.
You are responsible for obtaining advice about legal requirements applying to your business, website, content, products and industry. These may include:
If we provide a template or general information about a legal document, it must not be treated as legal advice.
This section does not remove our responsibility to perform agreed services with due care and skill.
We may use AI-assisted tools for research, brainstorming, preliminary concepts, editing or production where reasonably appropriate.
We remain responsible for exercising human judgment and reasonable care over work we supply.
We do not represent AI-generated material as guaranteed to be unique, accurate or free from third-party claims.
Unless you authorise it or appropriate contractual and privacy safeguards are in place, we will not knowingly enter your confidential information, unpublished Client Materials, personal information or access credentials into a publicly accessible AI service for model training.
Where material AI use could materially affect the Deliverables, confidentiality or intellectual-property position, we will tell you before finalising the relevant work.
You must review and approve factual, technical and industry-specific statements before publication.
Client Materials
You retain ownership of your Client Materials.
Final custom Deliverables
Subject to full payment, we assign to you the copyright we own in final, approved Deliverables created specifically and exclusively for your Project, to the extent identified in the Proposal.
To the extent permitted by law, we consent to reasonable acts by you in relation to moral rights in those assigned Deliverables, including reasonable adaptation, resizing, editing and rebranding.
Agency Materials
We retain ownership of:
We grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use any Agency Materials incorporated into a fully paid Deliverable as reasonably necessary to use, operate, maintain and modify that Deliverable.
Third-party materials
Third-party materials remain owned by their respective owners and are licensed under the applicable third-party terms. They are not assigned to you by us.
Working and source files
Editable design files, raw source files, development environments and working files are included only if expressly identified in the Proposal.
Website administrative access does not transfer ownership of third-party platforms, subscriptions, fonts, stock assets, plugins or software.
Unless you ask us in writing not to, we may display non-confidential final work after it has been publicly launched or released in:
We will not publish confidential information, access credentials, unpublished personal information or Client Materials you have identified as confidential.
If you make a reasonable written request based on confidentiality, safety, contractual restrictions or commercial sensitivity, we will not publish—or will remove—the relevant portfolio material within a reasonable time.
Any website credit or backlink must be agreed in the Proposal. You may request its removal at any time.
Each party must:
Confidential information does not include information that:
We will handle personal information in accordance with our Privacy Policy and applicable law.
These confidentiality obligations continue after the Agreement ends.
Cancellation by the Client
You may cancel a Project by giving us written notice.
If you cancel, you must pay:
We will take reasonable steps to minimise our loss.
Amounts already paid will be applied against these sums. We will refund any remaining balance.
A booking payment will not be retained beyond the amount we are lawfully entitled to recover.
Termination for breach
Either party may terminate the Agreement by written notice if the other party materially breaches it and does not remedy the breach within 14 days after receiving a written request to do so.
Immediate termination is permitted where:
Termination by us without Client breach
If we end a Project for convenience rather than because of your breach, you will pay only for work properly supplied and approved non-cancellable costs incurred up to termination.
We will refund any excess prepaid amount and reasonably cooperate in handing over completed paid work.
Effect of termination
Following termination:
Nothing in this section limits a right or remedy available under the Australian Consumer Law.
To the extent permitted by law, you indemnify us against a third-party claim, liability or reasonable external cost arising directly from:
Your responsibility is reduced to the extent that our act, omission, negligence or breach contributed to the loss.
We must:
This indemnity does not require you to indemnify us for liability that cannot lawfully be transferred.
Nothing in the Agreement excludes or limits liability:
Subject to those exceptions and to the maximum extent permitted by law:
Where it is lawful to limit our liability for a failure to comply with a consumer guarantee relating to services, our liability is limited, at our option, to supplying the services again or paying the reasonable cost of having the services supplied again.
For other claims where a monetary cap is lawful and reasonable, our aggregate liability arising from the relevant Project is limited to the greater of:
The cap does not apply to liability that cannot lawfully be capped or where applying it would be unfair or otherwise unenforceable.
Neither party is responsible for a delay or failure caused by an event outside its reasonable control, such as:
The affected party must:
This section does not excuse payment for services already supplied.
If the event prevents a material part of the services for more than 30 days, either party may terminate the affected services by written notice. Fees and refunds will then be calculated fairly under section 24.
If a dispute arises, either party may give written notice describing the issue and desired outcome.
Before starting court proceedings, both parties will attempt in good faith to resolve the dispute through direct discussion.
If the dispute is not resolved within 14 days, either party may propose mediation in Melbourne, Victoria. The mediator and allocation of mediation costs must be agreed between the parties.
Nothing in this section prevents either party from:
A notice under the Agreement may be sent by email to the address most recently provided by the recipient.
An email is treated as received when it becomes capable of being retrieved at that address, unless the sender receives an automated failure notification.
We may use suitably qualified employees, contractors and specialist service providers to help deliver the services. We remain responsible for services they perform on our behalf.
Neither party may transfer the Agreement to another person without the other party’s prior consent, which must not be unreasonably withheld.
We may transfer the Agreement as part of a genuine sale or restructuring of our business if the transfer does not materially reduce your rights. We will give reasonable notice where practicable.
If part of the Agreement is invalid or unenforceable, it will be read down to the minimum extent necessary. If it cannot be read down, it will be severed and the remainder will continue to operate.
A delay in exercising a right is not a waiver of that right.
The Agreement records the parties’ agreement about its subject matter. It does not exclude liability for misleading or deceptive conduct or override agreed written representations.
The relationship between the parties is that of independent contracting parties. The Agreement does not create employment, partnership, agency or joint venture.
A heading does not affect the interpretation of the Agreement.
Words such as “including” and “includes” are not words of limitation.
The Agreement is governed by the laws of Victoria, Australia.
The parties submit to the courts and tribunals of Victoria and courts hearing appeals from them.
This does not prevent a person from exercising a statutory right to bring a claim in another jurisdiction where that right cannot lawfully be excluded.
Booked by Design
Booked by Design is operated by Charis White Celebrant & Co Pty Ltd ACN 639 191 905 in its capacity as trustee for the Charis White Celebrant & Co Unit Trust ABN 53 807 925 086.
Melbourne, Victoria, Australia
Email: hello@bookedbydesign.com.au
Telephone: 0425 714 033
Website: www.bookedbydesign.au