Terms and Conditions

Last Updated: 15/01/2025

Effective Date: 15/01/2025

1. Agreement Overview

These Terms and Conditions ("Terms") govern your use of services provided by Nook Web Studio ABN 98 219 417 644 ("Company", "we", "us", or "our"), a web design agency based in Melbourne, Australia. By engaging our services, you ("Client", "you", or "your") agree to be bound by these Terms.

2. Services

2.1 Website Design and Development

We provide professional website design and development services for small to medium-sized businesses in Melbourne and surrounding areas. Our services include:

  • Professional website development and deployment
  • Content management system setup
  • Search engine optimization
  • Mobile-responsive design

2.2 Website Care Plan

All clients are required to subscribe to our Website Care Plan, which includes:

  • Website hosting and maintenance
  • Security updates and monitoring
  • Regular backups
  • Technical support when needed
  • Performance optimization
  • SSL certificate management
  • Content management system hosting

3. Pricing and Payment

3.1 Initial Setup Fee

The initial website setup fee may vary based on project complexity and specific requirements. This fee covers the design, development, and launch of your website.

3.2 Monthly Website Care Plan

The mandatory monthly Website Care Plan fee may vary based on project complexity and specific requirements. This fee covers the hosting, maintenance, and support of your website.

3.3 Payment Terms

  • Half of the initial setup fee is due before project commencement
  • The remaining half of the initial setup fee is due before project completion
  • Monthly fees are charged in advance on the same date each month
  • All fees are quoted in Australian Dollars (AUD)
  • Late payment may result in service suspension after 7 days notice

4. Project Process

4.1 Onboarding

Upon agreement to these Terms and payment of the initial setup fee, we will commence your website project. You agree to provide all necessary content, materials, and feedback in a timely manner to ensure project completion within the agreed timeframe.

4.2 Revisions

The initial setup fee includes a reasonable number of revision rounds. Additional major changes requested after project completion may incur additional charges.

5. Intellectual Property and Ownership

5.1 Client Content

You retain full ownership of all content, images, text, and materials you provide. You grant us a license to use these materials for the purposes of creating and maintaining your website.

5.2 Website Code and Design

You retain full ownership of your website code and design. We can assist with code updates and design changes as part of our services, but ownership remains with you.

5.3 Domain Ownership

You maintain full ownership of your domain name. We can assist with domain registration and management as part of our services, but ownership remains with you.

6. Service Termination

6.1 Termination by Nook Web Studio

We reserve the right to terminate services with 90 days' written notice. Upon termination, we will provide you with all necessary files and assist with the transition to a new provider.

6.2 Termination by Client

You may terminate services at any time. Monthly fees are non-refundable. While we will make reasonable efforts to assist with transitioning your website to a new provider, we do not guarantee the success or timeline of any transition process.

6.3 Data Handover

Upon termination, we will provide you with:

  • Complete website files and database exports for the Content Management System
  • Access credentials where applicable
  • Documentation for self-hosting or migration
  • Reasonable technical support during the transition period

7. Limitation of Liability

Our total liability for any claims arising from our services is limited to the fees paid by you over the 12 months preceding the claim. We are not liable for indirect, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

8. Service Availability

While we strive for 99.9% uptime, we do not guarantee uninterrupted service. Scheduled maintenance will be performed during off-peak hours with advance notice when possible.

9. Privacy and Data Protection

We are committed to protecting your privacy and handling your data responsibly. Please refer to our Privacy Policy for detailed information about how we collect, use, and protect your information.

10. Referral Program

10.1 Melbourne Mates Rates Program

Our referral program offers:

  • Referrer receives: Two months free service for the next two monthly care payments after the referral is done
  • New client receives: AUD $200 off their initial setup fee
  • Referral is done when the client has paid the initial setup fee in full amount (half before project commencement and half before project completion)
  • Referrals must result in a completed project and active monthly service

11. Changes to Terms

We may update these Terms from time to time. Significant changes will be communicated via email with 30 days' notice. Continued use of our services after changes take effect constitutes acceptance of the new Terms.

12. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria, Australia.

13. Contact Information

For questions about these Terms, please contact us:

Nook Web Studio

Email: hello@nookwebstudio.com.au

Phone: 0412 345 678

Location: Melbourne, Australia

ABN: 98 219 417 644

Important:These Terms help us work together smoothly and protect both your business and ours. By using our services, you're agreeing to these terms. If you have any questions or concerns about anything here, feel free to reach out to us - we're happy to explain!