Definitions & Engagement

• “Service Provider”, “We”, “Us”, or “Our” refers to Austra Design  (Subsidiary of Soshad Green Art | ABN: 32 584 550 180).

• “Client”, “You”, or “Your” refers to the individual, business, or entity engaging our services.

• “Agreement” means the proposal, quotation, invoice, and these Terms and Conditions.

• By paying a deposit, approving an invoice/quote, or instructing us to commence work, the Client agrees to be legally bound by these Terms and Conditions.

1. Scope of Work & Variations

• Agreed Scope: Austra Design agrees to design, build, and deliver the website project in accordance with the features, page counts, and functional specifications detailed in the accepted proposal, quotation, or invoice.

• Project Variations: Any requested additions, new features, advanced third-party integrations, custom coding, or structural design changes outside the agreed quotation will be treated as a scope variation. Variations will be estimated separately and billed at our standard hourly maintenance rate or under a separate written quote before implementation.

2. Client Responsibilities & Asset Submission

• Content & Materials: The Client is responsible for supplying all final text copy, high-resolution logos, brand assets, images, video links, product details, and login credentials necessary to complete the website.

• Project Timelines & Milestones: Estimated delivery schedules (typically 4–6 weeks from project start) commence strictly from the date the initial deposit is paid and all required content assets have been provided by the Client. Delays in supplying required materials or feedback will automatically extend delivery timelines.

• Content Warranties & Licensing: The Client warrants that all text, imagery, trademarks, and multimedia supplied to Austra Design are owned by the Client or properly licensed. The Client agrees to indemnify Austra Design against any third-party copyright or trademark infringement claims arising from client-supplied assets.

3. Review, Approval & Revision Process

• Feedback Window: The Client will have 7 business days to review design mockups, staging links, or completed draft pages and provide consolidated feedback.

• Included Revisions: The standard project scope includes up to two (2) rounds of minor design revisions during the staging phase.

• Constructive Acceptance: If no feedback, change requests, or communication is received from the Client within 10 business days of delivering a staging review link, the deliverables will be deemed approved and accepted by the Client.

4. Payment Terms, Delivery & Ownership

• Payment Schedule:

  • 50% Deposit: Due upon contract approval before any design or development commences.

  • 50% Final Balance: Due immediately upon project completion, testing, and prior to live launch or administrative handover.

• Handover of Administrative Access: Full administrative credentials (CMS logins, admin panel access, database credentials) and ownership of custom-developed front-end website assets are transferred to the Client only after full payment of all outstanding invoices has been received.

• Non-Payment: Failure to settle final balances within 14 days of completion may result in the suspension of staging sites, temporary takedown of live hosting, or withholding of site files.

5. Domain Registration & Web Hosting Services

• Managed Hosting & Domains: Where hosting or domain registration is managed through Austra Design, services are provisioned through reputable, secure cloud/server providers.

• Annual Renewals: Domain and hosting packages operate on an annual billing cycle. Renewal invoices are issued prior to the expiry date and must be paid on time to prevent website suspension, email interruption, or domain forfeiture. Renewal rates may be adjusted periodically to reflect upstream registry/data center price changes.

• Server Uptime & Third-Party Outages: While we provision high-reliability infrastructure, Austra Design is not liable for temporary network downtime, global DNS propagation delays, upstream data center outages, or service interruptions caused by third-party hosting providers.

6. Cybersecurity, Software Updates & Ongoing Maintenance

• Post-Launch Maintenance: Websites built on modern Content Management Systems (e.g., WordPress) rely on third-party themes, core CMS files, and plugins that require regular updates and security patches.

• Client Responsibility: Following project handover and final sign-off, ongoing routine maintenance, software patching, database backups, and security monitoring remain the responsibility of the Client, unless an ongoing maintenance retainer is actively maintained with Austra Design.

• Security Recommendation: It is strongly recommended that security health checks, core CMS updates, and plugin audits are performed at least once every three (3) months.

• On-Demand Support: Additional website maintenance, content updates, seasonal banner adjustments, and technical troubleshooting requested post-launch will be billed at our prevailing standard hourly rate.

7. Search Visibility, Google Integrations & SEO Disclaimers

• Technical Setup: Austra Design will implement baseline on-page technical SEO (meta titles, clean URLs, mobile responsiveness, XML sitemap) and assist with initial indexing configurations via Google Search Console and Google Business Profile where specified in the project scope.

• No Ranking Guarantees: In accordance with Australian Consumer Law and major search engine guidelines, Austra Design does not and cannot guarantee specific organic keyword rankings, Map Pack positions, or search engine traffic volumes. Ongoing search engine optimization (SEO) and paid digital marketing campaigns are offered under separate service agreements.

8. Browser Compatibility & Third-Party Services

• Browser Standards: Websites are tested and optimized for modern, standards-compliant browsers (Google Chrome, Apple Safari, Mozilla Firefox, Microsoft Edge) and common mobile viewports. We do not guarantee backwards compatibility with obsolete or deprecated browsers.

• Third-Party APIs & Plugins: Austra Design is not liable for future changes, price adjustments, API deprecations, or policy modifications made by third-party services (e.g., payment gateways like Stripe/PayPal, booking engines, social media embeds, or third-party plugin developers).

9. Limitation of Liability & Consumer Guarantees

• Australian Consumer Law (ACL): Nothing in this Agreement excludes, restricts, or modifies any non-excludable statutory rights or consumer guarantees under the Competition and Consumer Act 2010 (Cth).

• Consequential Loss: To the fullest extent permitted by law, Austra Design shall not be liable for any indirect, incidental, or consequential loss, loss of business revenue, lost profits, lost sales, data loss, security breaches, or downtime arising out of the performance, failure, or delay of the website or hosting platform.

• Liability Cap: Austra Design’s maximum aggregate liability for any claim or breach arising under or in connection with the project shall be strictly capped at the total amount actually paid by the Client for the specific website development services under the disputed invoice.

10. Termination & Cancellation

• Termination by Client: If the Client cancels the project after work has commenced, the 50% deposit is non-refundable to cover initial project planning, design time, server allocation, and administrative setup. The Client will also be invoiced for any additional work completed beyond the deposit amount.

• Termination by Provider: Austra Design reserves the right to terminate the project with written notice if the Client breaches essential terms, engages in unreasonable or abusive conduct, or fails to provide required assets/feedback for a period exceeding 45 consecutive days.

11. Governing Law

• This Agreement is governed by and construed in accordance with the laws of the State of Western Australia (or the Australian State in which Austra Design is registered), and both parties submit to the non-exclusive jurisdiction of the courts of that State.

1. Definitions & Engagement

• “Service Provider”, “We”, “Us”, or “Our” refers to Austra Design  (Subsidiary of Soshad Green Art | ABN: 32 584 550 180).

• “Client”, “You”, or “Your” refers to the individual, business, or entity engaging our services.

• “Agreement” means the proposal, quotation, invoice, and these Terms and Conditions.

• By paying a deposit, approving an invoice/quote, or instructing us to commence work, the Client agrees to be legally bound by these Terms and Conditions.

2. Scope of Services & Deliverables

• We agree to perform the specific services set out in the accepted proposal/quote (e.g., Google Ads, Local SEO, Social Media Management, Content Writing, Asset Optimization).

• Any additional work, revisions beyond the agreed scope, or extra platform management requested by the Client will be quoted separately and billed at our standard hourly rate ($95/hr + GST) or an agreed fixed fee.

3. Third-Party Platform Advertising Spend & Fees

• Direct Billing: All advertising platform media spend (e.g., Google Ads, Meta Ads, TikTok Ads) is paid directly by the Client to the respective platform (Google, Meta, etc.) via the Client’s own credit card or billing account.

• No Inclusion in Management Fees: Our management and setup fees strictly cover our labor, strategy, execution, and optimization. They do not include media ad spend or third-party subscription software/plugins (e.g., Mailchimp, Klaviyo, Canva Pro, premium WordPress plugins).

• Billing Discrepancies: The Service Provider is not responsible for any billing disputes, overcharges, currency conversions, or payment issues arising between the Client and third-party advertising or software platforms.

4. No Guarantees on Performance, Rankings, or Conversions

• Search Rankings & SEO: In accordance with Australian Consumer Law and major search engine policies, the Service Provider does not and cannot guarantee specific organic search positions, keyword rankings, Map Pack placements, or traffic volumes. Search engine algorithms, competitor actions, and market dynamics change independently of our control.

• Sales & Return on Investment (ROI): While we implement industry best practices to generate high-intent traffic and optimize conversion funnels, we do not guarantee specific sales volumes, leads, client sign-ups, or commercial revenue resulting from any marketing campaign.

• Ad Accounts & Approvals: We are not liable for ad account suspensions, disapprovals, policy violations, or algorithmic reach reductions imposed by third-party platforms (such as Google or Meta).

5. Client Obligations & Approvals

• Access & Credentials: The Client agrees to provide timely access to necessary accounts, CMS logins, DNS records, Google Business Profile, analytics platforms, and media assets required to perform the agreed work.

• Content Accuracy & Legal Compliance: The Client represents and warrants that all materials, logos, images, text, claims, and product information supplied to the Service Provider are owned by the Client or properly licensed, and do not infringe any copyright, trademark, privacy, or consumer protection law (including false/misleading advertising under the Competition and Consumer Act 2010).

• Review & Approval Window: Where drafts (posts, ad copy, blogs, designs) are submitted for review, the Client must provide feedback or approval within 5 business days. If no feedback is received within this window, the materials will be deemed approved and scheduled/published to maintain campaign momentum.

6. Billing, Invoicing & Payment Terms

• Setup Fees: All setup and onboarding fees must be paid in full prior to the commencement of any account configuration, audit, or campaign setup.

• Monthly Retainers: Monthly recurring management retainers are billed in advance on the 1st of each billing cycle (or an agreed monthly date) on a 7-day payment term.

• Late Payments & Work Suspension: If payment is not received within 7 days of the due date, we reserve the right to immediately pause all active campaigns, withhold monthly deliverables, and suspend ongoing optimization until outstanding balances are cleared in full.

• Non-Refundable Fees: Due to the custom labor and intellectual property invested in digital setups and strategy, all setup fees and monthly management retainers already worked are strictly non-refundable once the billing period has commenced.

7. Retainer Term, Pause & Cancellation Policy

• Minimum Term: Unless specified otherwise in the quotation, all monthly management retainers operate on a month-to-month basis following any initial setup or agreed commitment period.

• Notice Period: Either party may terminate the ongoing monthly retainer by providing at least 14 business days’ written notice before the next scheduled billing cycle.

• Campaign Handover: Upon termination and final settlement of all outstanding invoices, the Service Provider will hand over administrative ownership of all Client ad accounts, analytics setups, and access credentials.

8. Intellectual Property & Asset Ownership

• Client IP: The Client retains full ownership of their brand assets, logos, trademarks, and raw media supplied to us.

• Deliverable Ownership: Upon receipt of full payment, all custom graphics, articles, suburb landing pages, and campaign setups created specifically for the Client become the property of the Client.

• Proprietary Frameworks: The Service Provider retains ownership of its internal proprietary processes, proprietary code templates, internal tracking frameworks, and generalized marketing methodologies.

• Portfolio Rights: The Service Provider reserves the right to display non-confidential project deliverables, website designs, and generalized growth statistics (e.g., percentage conversion improvements) in our marketing portfolio and case studies unless the Client explicitly requests an NDA in writing.

9. Limitation of Liability & Indemnity

• Australian Consumer Law (ACL): Nothing in these Terms excludes, restricts, or modifies any non-excludable statutory rights or consumer guarantees provided under the Competition and Consumer Act 2010 (Cth).

• Consequential Loss: To the maximum extent permitted by Australian law, the Service Provider will not be liable for any indirect, incidental, special, or consequential losses, including loss of business profits, lost revenue, downtime, or reputational harm arising out of the performance or failure of marketing campaigns, software bugs, or third-party outages.

• Liability Cap: Our total aggregate liability for any breach, claim, or dispute arising under or in connection with this Agreement shall be strictly limited to the total fees paid by the Client to the Service Provider in the two (2) months preceding the claim.

• Client Indemnity: The Client agrees to indemnify and hold harmless the Service Provider from any claims, legal actions, damages, fines, or legal expenses resulting from the Client’s products, services, false advertising claims, or unlicensed media assets provided to us.

10. Severability & Governing Law

• If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining terms shall continue in full force and effect.

• These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New South Wales / Western Australia (as applicable to your business registration), and the parties submit to the non-exclusive jurisdiction of the courts of that State.

These Standard Terms and Conditions govern all photography and videography services provided by Austra Photo (a subsidiary of Soshad Green Art | ABN: 32 584 550 180), hereinafter referred to as the Service Provider, to the Client.

1. Booking, Retainer & Payment Terms

• Booking Retainer: A non-refundable booking fee/retainer of [e.g., 25%–50%] of the total quote is required to secure the date and time. No booking is confirmed until the retainer is cleared.

• Balance Due Dates:

  • Weddings & Large Events: The final balance must be paid in full at least 14 days prior to the event date.

  • Portraits, Maternity, Newborn & Commercial: The final balance must be paid prior to or on the day of the shoot, or strictly before the release of final high-resolution files/galleries.

• Payment Methods: Payments must be made via direct bank transfer or approved merchant facilities. Late payments incur an administrative fee of [e.g., 2% per month] on outstanding balances.

2. Cancellations, Postponements & Rescheduling

• Client Cancellation: If the Client cancels the booking, the initial retainer remains non-refundable to cover loss of booking opportunity and administration costs.

• Rescheduling (Weather / Illness):

  • Portraits, Maternity & Newborn: Rescheduling due to infant illness, parent illness, or inclement weather for outdoor shoots requires at least 24–48 hours notice. The deposit will transfer to a rescheduled date within [e.g., 3–6 months].

  • Weddings & Fixed Events: Postponements are subject to availability. If the Service Provider is unavailable for the new date, standard cancellation terms apply.

• Service Provider Cancellation: In the improbable event that the Service Provider cannot perform due to severe illness, emergency, or force majeure, all monies paid (including the retainer) will be refunded, or a mutually agreed replacement professional of equal standard will be arranged.

3. Service Scope, Artistic Style & Editing

• Artistic Discretion: The Client acknowledges familiarisation with the Service Provider’s portfolio and agrees that the service is provided with distinct creative style, composition, and artistic editing.

• Raw Files: Under no circumstances are unedited camera files (RAW images, flat video logs) provided, unless explicitly negotiated in a signed Commercial Agreement.

• Delivery Timelines: Standard delivery turnarounds are guidelines:

  • Portraits, Newborn, Maternity & Commercial: 2–3 weeks.

  • Weddings & Multi-Camera Event Video: 6–10 weeks.

• Revisions: Video deliverables include up to one (1) round of minor editorial revisions (e.g., clip swaps or text/title corrections). Re-editing based on style preference changes, music licensing alterations, or structural overhauls will incur additional hourly editing fees.

4. Service-Specific Conditions

5. Copyright, Licensing & Model Release

• Copyright Ownership: In accordance with the Copyright Act 1968 (Cth), all original photographic works and video recordings remain the permanent intellectual property of Austra Photo / Soshad Green Art.

• Client Usage Licence:

  • Personal / Domestic Services (Weddings, Portraits, Newborn, Maternity, Private Events): The Client is granted an exclusive, perpetual, royalty-free licence for non-commercial, personal printing and digital sharing. Re-selling, editing/applying heavy secondary filters, or commercial use without consent is prohibited.

  • Commercial Services: The Client receives a non-exclusive licence to use images/video for agreed marketing channels, websites, and campaigns, limited to the territory and duration defined in the project quote.

• Promotional Model Release: Unless the Client explicitly opts out in writing prior to the session, the Service Provider reserves the right to display curated images and video excerpts in portfolios, websites, social media, competitions, and studio promotional material.

6. Limitation of Liability & Australian Consumer Law

• Australian Consumer Law (ACL): Nothing in these terms excludes, restricts, or modifies any non-excludable statutory rights or guarantees under Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• Failure of Performance / Data Loss: In the unlikely event of technical malfunction, digital card corruption, equipment theft, or total material loss, the Service Provider’s total aggregate liability is strictly limited to a full refund of all monies paid for that specific service.

• Safe Working Environment: The Service Provider reserves the right to terminate coverage immediately if subjected to harassment, hostile behavior, or hazardous conditions, without liability for refunds.

7. Governing Law

This agreement is governed by the laws of [Insert State/Territory, e.g., Western Australia / New South Wales], Australia, and both parties submit to the exclusive jurisdiction of the courts of that State.