Terms and Conditions

01

Who these terms apply to

“Kelly Creative”, “I” and “me” mean Kevin Kelly, an Australian sole trader carrying on business as Kelly Creative under ABN 46 534 469 567. “You” and “client” mean the person or organisation requesting or purchasing services.

These terms apply to services only when they are provided or linked to you before you accept a quote, proposal, order, recurring-service arrangement or other written offer. They also contain limited terms for use of the Kelly Creative website.

The specific written quote or service description forms part of the agreement. If it expressly conflicts with these general terms, the specific written term takes priority for that engagement.

02

How an agreement is formed

An agreement may be accepted by signing or approving a written offer, confirming acceptance by email, paying an amount requested after receiving the offer, or instructing Kelly Creative to start after the offer and these terms have been supplied.

A website enquiry, initial discussion, informal estimate or request for availability does not by itself create an obligation to proceed. Kelly Creative may decline work that is outside capability, unsafe, unlawful, inadequately authorised or unsuitable for the service requested.

No person may accept an agreement for a website, account or organisation unless they have authority to do so.

03

Website information and acceptable use

Website content is general information about Kelly Creative and its services. It is not a substitute for advice based on the actual website, hosting environment, business requirements or legal obligations of a client. Prices, availability and service descriptions may change before an agreement is formed.

You must not misuse the website, attempt unauthorised access, interfere with its operation, submit malicious code, impersonate another person, scrape content in a way that burdens the service, or use forms for spam or unlawful material. External links are provided for convenience and do not make Kelly Creative responsible for third-party content or services.

04

Scope, quotes and variations

The agreed scope is the work described in the quote, proposal, report, care-plan schedule or written confirmation. Anything not included is outside scope, even if it is related to the same website or becomes visible during the work.

A quote should identify the service, deliverables, assumptions, client responsibilities, price, payment timing and any material exclusions. Estimates are not fixed prices unless expressly stated. A quote may have an expiry date.

If new information, hidden damage, third-party restrictions or another dependency changes the defensible scope, Kelly Creative may pause and explain the issue. A variation must be agreed before additional chargeable work begins. You may decline the variation and end the affected work, subject to payment for services already supplied and approved non-cancellable third-party costs.

05

Client responsibilities

You agree to:

• provide accurate information, timely decisions and a contact authorised to approve work;
• ensure you have the legal right to provide all content, data, accounts, software and access used for the service;
• disclose known faults, unusual hosting arrangements, prior incidents, custom code, licences and business-critical constraints;
• maintain secure control of your own devices, email, domain, hosting and payment accounts;
• review deliverables and raise material errors or concerns promptly; and
• comply with laws and third-party terms that apply to your business, website, content and customers.

Kelly Creative is not responsible for delay or additional work caused by incomplete information, withheld access, late approval or unauthorised instructions, except to the extent Kelly Creative contributed to the problem.

06

Access, security and backups

Do not send passwords, API keys or recovery codes through a public enquiry form. When access is required, the parties will agree an appropriate method. You should create temporary, named and least-privilege accounts where the platform allows it, and revoke access when the engagement ends unless ongoing access is part of an active service.

Before a meaningful technical change, Kelly Creative will consider the available restore path and take reasonable precautions appropriate to the agreed scope. A backup is not assumed to be usable merely because it exists. Some hosts, databases and third-party services do not permit a complete or immediate snapshot.

Unless the quote says otherwise, you remain responsible for business continuity, original source files and long-term archival copies. Kelly Creative is not responsible for loss that existed before the engagement or was caused solely by a third party outside Kelly Creative’s control, but this does not limit responsibility for failing to exercise due care and skill.

07

Fees, GST, invoices and payment

All prices are in Australian dollars unless stated otherwise. Kelly Creative is not registered for GST as at the last-updated date, so GST is not currently added. The applicable tax treatment will be shown on the quote and invoice and may change if registration status changes in the future.

The quote controls whether payment is upfront, by deposit and milestones, after delivery, or on a recurring cycle. Payment is due by the date shown on the invoice. A deposit or prepayment is credited against the agreed price; it is not automatically forfeited merely because work ends.

If an undisputed invoice is overdue, Kelly Creative may send reminders and, after reasonable written notice, pause work or an ongoing service until payment is made. Kelly Creative will not add an undisclosed fee or interest charge.

If work ends early, the final account will reflect services actually supplied, accepted milestones and approved non-cancellable third-party costs. Any remaining unused prepayment will be refunded where due, subject to the Australian Consumer Law and the specific agreement.

08

Timing, communication and approvals

Start dates, completion dates and response times are estimates unless the quote expressly states a binding commitment. Timing may depend on access, client approvals, hosting support, vendor responses, licences, outages and the condition of the website.

Where no time is agreed and the Australian Consumer Law applies, services will be supplied within a reasonable time. Kelly Creative will communicate material delays when reasonably practicable.

An approval may be given by the authorised contact in writing. Kelly Creative may rely on that approval unless notified that authority has changed. Silence is not approval unless the agreement clearly states a reasonable approval process and the consequence of no response.

09

Third-party services and costs

Websites depend on third parties such as hosts, registrars, content-delivery networks, themes, plugins, APIs, email platforms, analytics, payment providers and software vendors. Their terms, licences, pricing, privacy practices, support and availability apply independently of Kelly Creative.

Kelly Creative will not incur a new material third-party charge without approval. Unless the quote says otherwise, third-party accounts and licences should be owned and paid for directly by the client. Kelly Creative does not warrant that a third party will remain available, compatible, secure or unchanged.

Kelly Creative remains responsible for exercising due care and skill when selecting, configuring or recommending a third-party service within the agreed scope.

10

Terms specific to each service type

WordPress Website Audit

An audit is an assessment and decision document based on the website state, access and information available during the review. It identifies findings, dependencies, priorities and possible next steps. Unless expressly included, it does not include implementation, remediation, legal certification, penetration testing or a guarantee that every latent issue will be found.

Repairs and investigations

Repair work addresses the agreed fault or investigation scope. A symptom may have more than one cause, and initial work may reveal a different dependency. Kelly Creative will not silently extend paid scope. Urgency affects prioritisation, not the need for authorisation, safe access and a defensible restore path.

WordPress care plans

An unfamiliar website may require a baseline assessment before ongoing responsibility is accepted. The care-plan schedule states the billing cycle, update routine, backup arrangement, checks, support allowance, exclusions and response expectations. Monitoring may detect a problem; it does not guarantee uninterrupted availability, perfect security or immediate repair of third-party failures.

Work outside the agreed care-plan allowance is quoted or approved separately. If the agreement does not state a minimum term, either party may end the plan at the end of the current paid billing cycle by giving written notice before the next renewal. Kelly Creative will give reasonable advance notice of a material price or scope change, and you may cancel before the change takes effect.

Agency and white-label support

The agency remains responsible for its client relationship, instructions, approvals and authority unless the written arrangement says otherwise. Kelly Creative will not contact the end client, identify white-label work or use the work publicly without permission. Responsibility for technical decisions, communication and handover should be defined before access begins.

11

Intellectual property

You retain ownership of material you provide, including content, branding, data and accounts. You confirm that Kelly Creative may use that material as needed to perform the services.

Kelly Creative retains ownership of pre-existing methods, templates, utilities, know-how, reusable code and internal working materials. Third-party software remains subject to its own licence.

After full payment, you receive a perpetual, non-exclusive licence to use the final reports, configurations, custom code and other deliverables created specifically for the agreed work on the website or business for which they were supplied. A quote may expressly transfer broader rights where appropriate. Drafts, unused concepts and unpaid deliverables are not included.

Kelly Creative will not publish confidential details, identify white-label work or use private results as a case study without permission. Publicly visible work may be referenced only where permitted by the agreement or separately approved.

12

Confidentiality and privacy

Each party must use the other party’s confidential information only for the agreement and protect it with reasonable care. This does not apply to information that is public through no breach, already lawfully known, independently developed, received lawfully from another source, or required to be disclosed by law.

Personal information is handled under the Kelly Creative Privacy Policy. Client website data remains under the client’s control and is accessed only as reasonably necessary for the agreed service.

13

Suspension, cancellation and termination

You may cancel one-off work by written notice. You must pay for services properly supplied up to cancellation and approved non-cancellable third-party costs. Kelly Creative will return any remaining unused prepayment where due.

Either party may end an agreement for a material breach if the breach is not fixed within 7 days after written notice, or within another reasonable period stated in the notice. A party may act immediately where continuation would be unlawful, create a serious security risk, involve fraud or require unauthorised access.

Kelly Creative may pause work after reasonable notice where an invoice is overdue, required access is unsafe, authority is uncertain, instructions conflict, or client inaction prevents responsible continuation. During a pause, Kelly Creative will take reasonable steps to avoid unnecessary loss and explain what is needed to resume.

On ending, each party will reasonably cooperate with return of client material, removal of access and an orderly handover within the paid scope. Terms concerning payment, intellectual property, confidentiality, privacy, liability and disputes continue where necessary.

14

Australian Consumer Law and service remedies

Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law.

Where those guarantees apply, services must be supplied with due care and skill, be fit for a disclosed purpose where the client reasonably relies on Kelly Creative, and be supplied within the agreed time or otherwise within a reasonable time.

If there is a service problem, tell Kelly Creative promptly and provide a reasonable opportunity to assess it. Remedies depend on the law and circumstances. For a minor failure, Kelly Creative may re-supply or correct the affected service within a reasonable time. For a major failure, the client may have rights to cancel, obtain a refund for the affected part or recover other lawful remedies.

15

Outcomes, warranties and liability

Kelly Creative does not promise a particular search ranking, traffic level, revenue result, conversion rate, accessibility score, performance score, uninterrupted uptime, immunity from attack or continued compatibility of third-party software unless a specific measurable outcome is expressly included in the quote. Technical results can change with content, hosting, devices, network conditions, vendor updates and later changes made by others.

Each party is responsible for loss directly caused by its breach, negligence or unlawful conduct to the extent recognised by law. A party is not responsible for loss caused solely by the other party or a third party outside its reasonable control, except to the extent the first party contributed to that loss. Each party must take reasonable steps to mitigate foreseeable loss.

Where services are not ordinarily acquired for personal, domestic or household use and section 64A of the Australian Consumer Law permits a limitation, Kelly Creative’s liability for failure to comply with a consumer guarantee is limited, at Kelly Creative’s option, to supplying the affected services again or paying the reasonable cost of having them supplied again, but only where that limitation is fair and reasonable. This clause does not apply where the law does not permit it.

16

Events outside reasonable control

Neither party is responsible for delay or failure caused by an event outside its reasonable control, such as a widespread hosting or network outage, natural disaster, power failure, cyberattack, government action or vendor failure, provided the affected party did not cause the event and takes reasonable steps to reduce the effect and resume performance. Payment remains due for services already properly supplied.

17

Disputes and governing law

If a concern arises, the parties will first exchange enough information to understand the issue and try in good faith to resolve it. Either party may give written notice of a dispute. Unless urgent action is needed, the parties will allow at least 14 days for direct resolution before starting court proceedings and may agree to mediation.

These terms and each agreement are governed by the laws of Queensland, Australia. The parties submit to the courts and tribunals that have jurisdiction in Queensland, without limiting any right a consumer has to bring a claim in another forum available under law.

18

General terms and changes

The agreement consists of the accepted quote or written offer, these terms and any document expressly incorporated into them. It replaces earlier discussions about the same scope, but does not exclude a representation that the law prevents from being excluded.

A waiver is effective only for the specific instance in which it is given. If part of the agreement is invalid or unenforceable, it is to be read down where possible and the remaining parts continue. Neither party may transfer the agreement without the other party’s consent, except as part of a genuine business transfer where rights are not materially reduced.

The terms published when an engagement is accepted apply to that engagement. A later website update does not change an existing agreement unless the parties agree. For a recurring service, Kelly Creative may propose updated terms with reasonable advance notice; the client may cancel before the update takes effect if they do not accept it.