Acceptable Use Policy | Terms of Service | Disclaimer

Effective: 2004 – Current (Last Updated: March 08, 2025)
Design House (Fraser Coast) and Design House (Australia), owned and operated by Jeanette Maynes, ABN 48 718 063 950

Introduction

This is a legal agreement between you (“you”, “the client”, or “User”) and Design House (Fraser Coast) and Design House (Australia) (collectively “we”, “us”, or “Design House”), both owned and operated by Jeanette Maynes, ABN 48 718 063 950, operator of www.designhouse.com.au (“Website”) and provider of related services (“Service”). By using, purchasing, or accepting a quotation for the Service, you agree to these Terms of Service and Acceptable Use Policy (“Terms”). We may update these Terms at our discretion.

If you do not accept, notify us immediately at info@designhouse.com.au to cancel your services.

Scope and Application

These Terms govern all Service use, including website design, graphic design, print, hosting, and related projects, ensuring compliance with Australian laws.

Agreement to Comply

Your use or purchase of any Service signifies acceptance of these Terms. Breaches may result in suspension or termination.

Covered Services

This policy applies to all services provided by Design House, including website design, graphic design, and print and hosting arranged through third-party providers. Use of third-party hosting or networks requires compliance with their applicable policies. We may modify or discontinue any Service we offer with reasonable notice.

Hosting Services: Design House provides website and email hosting for our clients, along with migration services for businesses seeking better performance from their current provider. For dependable, hassle-free hosting, we deliver a premium service backed by top-tier technology and platforms, all hosted 100% in Australia. Domain name registration and renewal are your responsibility unless managed by us under a hosting agreement.

Project Authorisation and Acceptance

By signing a quotation, making payment, or otherwise approving a project, you authorise Design House to undertake the work as quoted. The quoted prices, specifications, and these Terms are accepted upon such authorisation.

Quotation and Project Terms

• Quotes: Valid for 30 days unless otherwise stated.

• Content and Materials: You must supply all content in Word document format and images in digital format (e.g., JPEG, PNG). Pricing excludes scanning, photo retouching, image sourcing, copywriting, or editing unless specified in the quotation.

• Website Updates: Post-launch website text updates can be made by you via the admin panel at no cost. Updates requested to Design House after the website goes live are charged at $100 per hour. Ongoing website maintenance (e.g., security updates, backups) is not included unless specified and quoted separately.

• Included Features: Statistics and webmail are provided free with applicable website projects.

• Revisions: Limited revisions are included during development if requested before the project goes live. Post-launch changes are charged at our standard rates.

• SEO Guidance: Effective SEO relies on quality, up-to-date content using keywords your clients might search. Submitting your site to local directories and maintaining a blog can boost rankings. While we optimise for your business name, location, and key terms, top rankings for all searches cannot be guaranteed due to competition and Google’s algorithms. Indexing begins within three weeks of launch.

• Third-Party Tools: Third-party software, plugins, or assets used in your project may require separate licensing or fees, which are your responsibility unless included in the quotation.

• Artwork Design: Unless specified, all prices include artwork design; additional fees may apply for extensive amendments, with prior notification to the client before work begins.

• Approval Process: You will review and approve proofs within a reasonable timeframe; final approval confirms acceptance of the deliverable as complete.

• Turn-Around Time: Artwork is typically delivered within 5-10 working days after approval, unless otherwise advised.

• Delivery Delays: Delays in providing required content or feedback may extend project timelines or incur additional fees.

Payment Terms

• Initial Deposit: 50% of the quoted amount is due upon project acceptance. Work begins after the deposit clears.

• Final Payment: The remaining balance is due upon invoice receipt, prior to the website going live or delivery of final deliverables. The invoice amount remains fixed unless project scope changes are agreed by both parties in writing, with associated costs approved.

• Late Payments: 10% fee applies after 7 days, accruing monthly, plus debt recovery costs.

• Cancellations: A fee will be charged for any design, artwork, or print cancellations. Hosting cancellations incur a fee as noted above. If you terminate a project before completion, deposits are non-refundable, and fees for work completed will be invoiced.

• Hosting Accounts: Unpaid fees by expiry suspend your account; a reinstatement fee plus 10% late fee applies to restore domain, website, and email. Cancellations are immediate, with all data deleted irreversibly; a fee may apply.

• Ownership: All goods and deliverables remain ours until fully paid. Upon full payment, you receive a non-exclusive license to use deliverables per the Copyright section.

• Refunds: Not provided unless required by law (e.g., under Australian Consumer Law for defective services).

• Promotions, Services and Pricing: Subject to change at our discretion.

Copyright 

• Ownership: All preliminary drafts, concepts, and unfinished work remain our intellectual property until full payment and project completion. All artwork, designs, and website elements created by us, except logo designs, remain our copyright under the Copyright Act 1968 (Cth) until full payment, at which point you receive a non-exclusive license for their intended use (e.g., printed business cards, billboard, live websites). For logo designs, copyright ownership is assigned to you upon full payment. Additional copyright transfers for other deliverables require a separate written agreement.

• Client Content and Approval: You warrant that all supplied content and images are owned or licensed by you. You retain ownership of content you provide. By approving artwork or the final project, you accept sole liability for any copyright infringement, legal issues, or errors in accuracy, spelling, layout, design, or colour arising from your materials or approval, releasing Design House from responsibility.

• Portfolio Rights: You grant us permission to feature your project, including logo designs, in our print and online portfolios (e.g., www.designhouse.com.au, Design House Australia Facebook, Instagram or other additional platforms).

Unacceptable Use

You must not use the Service to:

• Breach Laws: Violate any Australian law, regulation, or order.

• Offensive Content: Share obscene, defamatory, offensive, or abusive content.

• Infringe Rights: Violate intellectual property, moral, or confidentiality rights.

• Restricted Content: Share material classified RC or X by the Australian Classification Board or unsuitable for minors.

• Harm Minors: Enable minors to access inappropriate content or contact them without prior relationship.

• Illegal Practices: Engage in deceptive practices, pyramid schemes, or unlawful gambling.

• Cause Harm: Damage property, injure persons, harass, or stalk.

• Spam: Send unsolicited bulk messages or facilitate third-party spam.

• Service Interference: Bypass usage limits, overload servers, or harm our operations or reputation.

We determine what constitutes unacceptable use, and our decision is final, subject to law.

Confidentiality

You must not disclose our confidential information without consent. We will protect your confidential information, except as required by law.

Complaints Process

Email complaints to info@designhouse.com.au. For content issues, we’ll attempt resolution; if unresolved, we may refer to the Australian Communications and Media Authority (ACMA). For service interference, we’ll investigate and may suspend services. Our decision is final.

Liabilities and Indemnities

We are not liable for any loss, damage, or cost (including indirect or consequential losses) arising from:

• Lawful suspension or termination due to your breach;

• Compliance with legal directives (e.g., ACMA removal notices under the Online Safety Act 2021 (Cth));

• Reasonable actions taken to protect our rights, reputation, or operations;

• Errors, delays, or interruptions, including those caused by events beyond our control (e.g., natural disasters, power outages, technology failures, third-party disruptions); or

• Issues from third-party services or suppliers.

You indemnify us, our associates, and subcontractors against all claims, damages, losses, or costs (including legal fees) arising from your use of the Service, content you provide, or your breach or misuse of any Service, to the extent permitted by law.

Governing Law and Jurisdiction

These Terms are governed by Queensland, Australia laws. Parties will attempt good-faith negotiation or mediation before court proceedings. You agree to the exclusive jurisdiction of Queensland courts for disputes arising from these Terms or the Service, to the extent permitted by law. These Terms constitute the entire agreement between you and Design House, superseding all prior agreements, representations, or understandings, whether written or oral.

Disclaimer

The Service is provided “as is”; we bear no liability for errors or damages, per Australian law. We are not liable for errors or omissions in content provided through the Service, which reflects our honest opinion at the time, unless otherwise required by law. Websites are not guaranteed to meet accessibility standards (e.g., WCAG) unless explicitly included in the project scope.

Limitation of Liability

Liability limited to amount paid for the Service, per Australian Consumer Law.

External Links

No responsibility for external website content.

Privacy Policy

We comply with the Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs). Personal data is confidential unless legally required or consented. See www.oaic.gov.au/privacy.