Terms and Conditions

These Terms and Conditions apply to all services provided by Kelly Creative unless otherwise agreed in writing. By engaging my services, you agree to these terms and conditions.

For a plain-English overview of how I work, see the Service Summary.

Updated: August 8, 2025

What I do

I provide website-related services, including (but not limited to) emergency website rescue, performance optimisation, ongoing maintenance, local SEO, and consulting.

I work directly with clients and aim to deliver clear advice, practical solutions, and work that genuinely improves outcomes — not unnecessary complexity or lock-ins.

Plain-English Promise

I aim to be fair, transparent, and practical.

I don’t lock clients into contracts they don’t need, I don’t upsell for the sake of it, and I don’t disappear once work begins. In return, I expect reasonable cooperation, respect for the agreed scope, and good-faith use of my time and expertise.

Definitions

  • Emergency Rescue — Urgent work to restore access, functionality, or security to a broken or compromised website.
  • Maintenance Plan — Ongoing services such as updates, monitoring, backups, and minor fixes.
  • Project Work — Fixed-scope or quoted work with a defined outcome.
  • Client Materials — Any content, data, access credentials, or assets supplied by the client.
  • Third-Party Services — Hosting providers, plugins, themes, APIs, payment providers, or external platforms not owned or controlled by me.

Scope & How I Work

  • All work is scoped based on the information provided at the time of agreement.
  • Emergency rescue focuses on stabilisation and recovery, not redesign or long-term improvement unless separately agreed.
  • Project work includes only what is explicitly stated in writing.
  • Ongoing or additional requests outside scope require approval and may incur additional fees.

“No Fix, No Fee” (Emergency Jobs)

For genuine emergency rescue work:

  • If I’m unable to stabilise or restore the site to a functional state, no emergency labour fee is charged.
  • This does not apply where failure is due to third-party systems, inaccessible hosting, missing credentials, or issues outside reasonable control.
  • Third-party costs, licences, or services remain payable regardless of outcome.

Refunds

  • Emergency rescue: Covered by the No Fix, No Fee policy above.
  • Maintenance plans: Month-to-month. Cancel anytime. No refunds for time already elapsed.
  • Project work: Refunds are not available once work has commenced, except where required by Australian Consumer Law.
  • What’s not refundable: Discovery time, diagnostics, consulting, third-party costs, or work completed to date.

Maintenance Plans — What’s Included

  • Routine updates, monitoring, and minor fixes within reasonable limits.
  • Plans are preventative, not a substitute for emergency rescue or major redevelopment.
  • Excessive fixes, repeated breakages, or misuse may require escalation or a revised plan.

Prices, Billing & GST

  • All prices are in AUD.
  • GST is added where applicable.
  • Emergency rescue fees are payable before work begins unless otherwise agreed.
  • Maintenance plans are billed automatically on a recurring basis.
  • Failed payments may result in suspension of services.

Client Responsibilities

To allow work to proceed efficiently, securely, and in good faith, clients agree to the following:

  • Accuracy and responsiveness
    Provide accurate information and respond to requests for approvals or decisions within reasonable timeframes. Delays may affect delivery timelines.
  • Rights to materials
    Confirm legal ownership or permission to use all content and materials supplied. I accept no liability for copyright or licensing disputes.
  • Access and security
    Maintain the security of devices, hosting accounts, and credentials. All passwords must be changed once rescue or recovery work is completed.
  • Billing
    Keep payment details current for any ongoing or automatic billing.
  • Scope and fair use
    Requests must remain within agreed scope and reasonable use, as outlined below.

Failure to meet these responsibilities may result in paused work, adjusted timelines, or rescheduling without liability.

Backups & Data

I take reasonable steps to protect data and may perform backups as part of certain services. However:

  • You remain responsible for maintaining your own backups.
  • I am not liable for data loss caused by hosting failures, third-party services, malware, or actions outside my control.

Third-Party Services & Licences

I am not responsible for the availability, performance, security, or pricing of third-party services.

Any licences, subscriptions, or external tools required for your site remain your responsibility unless explicitly included.

Warranties & What I Don’t Promise

I provide services with reasonable care and skill.

I do not guarantee:

  • Specific rankings, traffic levels, or revenue outcomes
  • Perfect compatibility with all plugins, themes, or hosting environments
  • That third-party services will continue to function or remain unchanged

Limitation of Liability

To the maximum extent permitted by law:

  • My liability is limited to the amount paid for the relevant service.
  • I am not liable for indirect, consequential, or business losses.
  • Nothing in these terms limits rights under Australian Consumer Law where they apply.

Intellectual Property

  • You retain ownership of your content and materials.
  • I retain ownership of any tools, systems, or reusable methods I create unless otherwise agreed.
  • Final deliverables are licensed for your use once payment is complete.

Privacy & Confidentiality

I treat client information as confidential and use it only to provide services, comply with legal obligations, or protect legitimate business interests.

Fair Use & Reasonable Effort (Fair Go Policy)

I operate on trust, transparency, and the genuine intention to get the job done properly.

My pricing, estimates, and fixed-scope work are based on reasonable, good-faith use of my time, experience, and support. In most cases, this works smoothly — I do what I say I’ll do, and clients respect that balance.

That said, a Fair Go works both ways.

What’s Included

Unless otherwise stated in writing, reasonable use includes:

  • Completing the agreed scope of work to a professional standard
  • Clarifying questions, small adjustments, and minor follow-ups that naturally arise from the work
  • Sensible communication during business hours related to the task at hand
  • Advice or guidance directly connected to the original service provided

What’s Not Included

Fair use does not include:

  • Repeated changes that materially alter the original scope
  • Ongoing troubleshooting or “while you’re at it” requests outside the agreed work
  • Requests that extend a once-off service into an ongoing support arrangement
  • Excessive messaging, calls, or revisions beyond what would reasonably be expected
  • Attempting to extract additional work, strategy, or development not covered by the original agreement

When Limits Are Reached

If a request falls outside fair or reasonable use:

  • I’ll say so clearly and respectfully
  • You’ll be offered options — a revised scope, additional time, or a separate quote
  • No work beyond the original scope will proceed without agreement

This policy exists not to limit good outcomes, but to protect the quality of work, fairness between clients, and the sustainability of the service.

I’m generous with my time, direct with my advice, and committed to doing things properly — but a Fair Go means knowing where the line is, and respecting it on both sides.

Suspension or Termination

I may suspend or terminate services if terms are breached, payments fail, or cooperation breaks down. You may terminate maintenance services at any time with notice.

Force Majeure

I’m not liable for delays or failures caused by events beyond reasonable control, including outages, disasters, or third-party failures.

Governing Law

These terms are governed by the laws of Queensland, Australia.

Changes to these terms

These terms may be updated from time to time. Continued use of services constitutes acceptance of the current version.

Updated: August 8, 2025

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