These Terms of Service govern the use of this website and the supply of website design, build, hosting and maintenance services by Built Around You Creative. They should be read together with the applicable Quote and any signed Agreement.
Contents
1. About these Terms
1.1 These Terms of Service ("the Terms") govern access to and use of the website at builtaroundyou.com.au ("the Site") and the supply of the Services by Built Around You Creative, ABN 80 771 885 348 ("BAY", "we", "us", "our"), a website studio operating from the Redlands, Queensland, Australia.
1.2 By using the Site, requesting a Quote or engaging us to supply the Services, you agree to be bound by these Terms.
1.3 These Terms take effect on 21 July 2026 and apply until varied in accordance with clause 13.3.
1.4 Where the Client has entered into an Agreement with us, the Agreement applies in addition to these Terms and prevails to the extent of any inconsistency.
2. Definitions
2.1 In these Terms:
- "ACL" means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth).
- "Agreement" means a written agreement signed between BAY and the Client for the supply of the Services.
- "Care Plan" means the monthly hosting, security, backup and maintenance service described in clause 6.
- "Client", "you" and "your" mean the person or entity that requests a Quote from us or engages us to supply the Services.
- "Client Content" means the Client's domain name, email services and all materials supplied by the Client, including text, images, logos and business information.
- "Client Website" means the website designed, built and hosted by BAY for the Client.
- "Quote" means a written quote issued by BAY for the supply of the Services.
- "Services" means the website design, build, hosting and maintenance services supplied by BAY, including the Care Plan.
- "Site" means the website at builtaroundyou.com.au.
3. Quotes
3.1 Quotes are provided free of charge and without obligation.
3.2 Each Quote states the period for which it remains valid. A Quote lapses at the end of that period, after which a new Quote may be requested.
3.3 A Quote covers only the work described in it. Work outside the scope of a Quote is quoted separately.
4. Engagement and payment
4.1 An engagement commences when the Client accepts a Quote and the parties enter into an Agreement.
4.2 The fees and payment terms for each engagement are set out in the Quote and the Agreement and are fixed before work commences.
4.3 Care Plan fees are set out in clause 6 and are billed monthly.
4.4 Any deposit stated in a Quote is payable on acceptance of the Quote and, once paid, is not refundable, except where the guarantee in clause 5.1 is triggered or where BAY elects to make a refund under clause 5.3.
4.5 The Client Website is not delivered, and is not taken live, until all amounts then due and payable in respect of the engagement have been received in full.
4.6 If any amount payable under these Terms remains unpaid after its due date, BAY may suspend the supply of the Services, in whole or in part, on 7 days written notice to the Client. BAY is not liable for any consequence of a suspension under this clause, and suspension does not relieve the Client of its obligation to pay amounts owing.
5. Delivery guarantees
5.1 If the Client Website is not live within 7 days of the date on which we receive the Client Content required for the build, the build fee is refunded in full. The 7 day period commences on receipt of the Client Content, not on first contact or engagement.
5.2 The 7 day period in clause 5.1, and any other timeframe for performance by BAY, is paused during any period in which BAY is awaiting information, materials, feedback, approvals or any other input from the Client, and resumes when that input is received.
5.3 We will continue to revise or rebuild the Client Website until the design is accepted by the Client, provided that BAY may at any time, at its sole election, instead refund the build fees paid by the Client and terminate the engagement. A refund made under this clause fully discharges BAY's obligations in respect of the build.
5.4 For each round of revisions, the Client must provide its feedback as a single consolidated response identifying the specific changes requested. If the Client does not respond to a version of the Client Website presented for review within 14 days, that version is deemed accepted.
5.5 The Client Website is deemed accepted, and the build complete, when the Client approves the Client Website going live or when the Client Website goes live with the Client's knowledge, whichever occurs first.
5.6 The guarantees in this clause are in addition to, and do not limit, any rights the Client has under the ACL.
6. The Care Plan
6.1 The Care Plan is charged at $500 per month and is billed monthly.
6.2 The Care Plan comprises hosting, security, backups and change requests to the Client Website. Change requests are unlimited in number and are actioned one request at a time in the order received.
6.3 The monthly Care Plan is supplied on a month to month basis. No fixed term or lock-in contract applies to the monthly plan.
6.4 The Client may cancel the Care Plan at any time. No notice period applies and no cancellation fee is charged.
6.5 On cancellation, fees for the current billing month are not refunded. The Client Website remains live until the end of the period for which payment has been made, at which time the hosted service ends in accordance with clause 8.3.
7. Prepaid terms
7.1 Where the Client elects to prepay the Care Plan for a fixed period, the prepaid term is committed and prepaid fees are not refundable on early cancellation.
7.2 The Client Website remains live for the full period for which payment has been made.
8. Ownership and intellectual property
8.1 The Client retains ownership and control of the Client Content at all times, including the Client's domain name, email services and all content supplied by the Client. The Client Content remains the Client's property on cancellation of the Services and may be taken to any other provider.
8.2 The Client Website and its underlying build, including its code, design, structure and configuration, together with all build systems, templates, frameworks, tools, processes and know-how used or developed by BAY in supplying the Services, are and remain the absolute property of BAY. The Client Website is supplied as part of a hosted, managed service, and the Client's sole entitlement in respect of it is the benefit of that hosted service while the Client's subscription remains current. No licence or other interest in BAY's intellectual property is granted or implied.
8.3 On cancellation of the Care Plan, the hosted service ends at the conclusion of the paid period and the Client Website is removed from public access. The Client Website and its underlying build are not transferred or exported.
8.4 Nothing in this clause affects the Client's ownership of the Client Content.
9. Client Content and obligations
9.1 The Client is responsible for supplying the Client Content required for the build. The timeframe in clause 5.1 runs from receipt of the Client Content.
9.2 The Client warrants that it owns, or is licensed to use, the Client Content supplied to us, that the Client Content does not infringe the rights of any third party, and that the Client Content is not defamatory, misleading or otherwise in breach of any law.
9.3 The Client indemnifies BAY against all loss, damage, liability, costs and expenses (including reasonable legal costs) arising from any claim by a third party that the Client Content infringes intellectual property or other rights, is defamatory or otherwise breaches any law, except to the extent the loss is caused by BAY's own negligence or breach of these Terms.
10. General information on the Site
10.1 Content published on the Site, including blog articles, is general information only. It does not take into account the circumstances of any particular person or business and does not constitute professional advice.
10.2 You should obtain advice appropriate to your circumstances before acting on any information published on the Site.
11. Liability and the Australian Consumer Law
11.1 Our Services come with guarantees that cannot be excluded under the ACL. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy conferred on the Client by the ACL or by any other applicable law that cannot lawfully be excluded, restricted or modified.
11.2 To the extent permitted by section 64A of the ACL, and subject to clause 11.1, BAY's liability for a failure to comply with a consumer guarantee is limited, at BAY's election, to supplying the Services again or paying the cost of having the Services supplied again.
11.3 Subject to clause 11.1, and to the maximum extent permitted by law, BAY is not liable for any indirect or consequential loss, including loss of profits, revenue, data or business opportunity, arising out of or in connection with the Services or the Site.
11.4 Subject to clause 11.1, BAY is not liable for any interruption to, or unavailability of, the Client Website or the Site to the extent caused by a failure, outage or degradation of any third party service on which the Services depend, including hosting and deployment platforms, content delivery networks, domain name registration and DNS services, email services and other upstream providers.
12. Privacy
12.1 We handle personal information in accordance with the Privacy Act 1988 (Cth) and our Privacy Policy, which forms part of these Terms so far as it applies to the collection and handling of personal information through the Site.
13. General provisions
13.1 Entire agreement. These Terms, together with the applicable Quote and any Agreement, constitute the entire agreement between the parties in relation to the Services and supersede all prior representations, negotiations and understandings.
13.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision is severed and the remaining provisions continue in full force and effect.
13.3 Variation. We may vary these Terms from time to time by publishing an updated version on the Site. A variation applies prospectively from the date of publication. The version in force at the date a Quote is issued applies to the engagement under that Quote.
13.4 Waiver. A failure or delay by either party to enforce a provision of these Terms is not a waiver of that provision or of any right under it.
13.5 Assignment. BAY may assign, novate or otherwise deal with its rights and obligations under these Terms. The Client may not assign its rights or obligations under these Terms without BAY's prior written consent.
13.6 Force majeure. Neither party is liable for a delay in performing, or a failure to perform, an obligation under these Terms (other than an obligation to pay money) to the extent the delay or failure is caused by an event beyond that party's reasonable control, including natural disaster, fire, flood, epidemic, act of government, utility or telecommunications failure, or failure of a third party platform or service. The affected party's obligations are suspended, and any affected timeframe is extended, for the duration of the event.
13.7 Governing law. These Terms are governed by the laws of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
14. Contact
14.1 Questions about these Terms may be directed to Built Around You Creative at hello@builtaroundyou.com.au or on 0485 999 646.