Service Agreement / Terms of Service
Version 1.0 Updated August 2026
1. Purpose
This Agreement sets out the terms on which Goldcrest Digital (“we”, “us”, “our”) provides website design, branding, logo, print, photography and video services, and the terms that apply when you (“you”, “your”, the “client”) use our website, request a quote, or engage us for a project.
By engaging our services, requesting a quote, or using our website, you agree to the terms below.
2. Who This Agreement Covers
“We” refers to Goldcrest Digital, our team, contractors and any subcontractors engaged to help deliver your project.
“You” refers to the person or business engaging us, including anyone acting with the authority of that business (e.g. an employee or representative making decisions on the business’s behalf).
3. Key Terms
Work
Means the final, agreed deliverable – a completed website, logo, video, photography set or similar – not draft concepts or preliminary versions.
Tools
Means the software, templates, stock assets, fonts and other resources we use to produce your Work.
4. Accepting These Terms
Requesting a quote, approving a proposal, or engaging us for a project means you accept this Agreement. If anything here doesn’t work for you, let us know before the project starts so we can talk it through.
5. Changes to These Terms
We may update this Agreement occasionally to reflect how we work. The current version will always be on our website. Any changes won’t affect a project already underway unless we agree to them together.
6. Governing Law
This Agreement is governed by the laws of New South Wales, Australia, and any disputes will be handled in the courts of NSW. You’re responsible for ensuring your own use of our services complies with the laws that apply to you and your business.
7. Liability
7.1Â Nothing in this Agreement removes any rights you have under Australian Consumer Law that can’t be excluded.
7.2Â Beyond those protected rights, we don’t accept liability for indirect or consequential loss connected to our services. Where liability can be limited under law, we limit it to re-supplying, correcting, or refunding the relevant service.
7.3Â We take care in our work, but can’t guarantee outcomes that depend on factors outside our control – for example:
– Search engine rankings, algorithm changes, or third-party platform changes;
– The performance of external plugins, themes, or integrations we didn’t build;
– Delays caused by late feedback, content or approvals from you;
– Third-party sites we link to, which we don’t control or endorse;
– Content, images or copy you supply to us for use in your project.
7.4 Third-party access to your site. If you’d like a developer, contractor, or other third party to access a website or system we’ve built or maintain for you, let us know in writing beforehand. Unauthorised changes made by others can affect the site’s security and functionality, and we’re not responsible for issues that arise from that. If we need to fix something after unapproved third-party changes, that work will be quoted separately.
7.5 We’re not obliged to offer exclusivity to clients in the same industry unless we’ve specifically agreed to it in writing (usually for an additional fee, given the trade-off involved). Where we haven’t agreed to exclusivity, we may take on other clients in similar industries — though we’ll always keep each client’s project and information confidential.
8. Advice and Recommendations
Any general advice or suggestions we offer as part of a project (design direction, content suggestions, marketing tips, etc.) reflect our experience but aren’t a substitute for specialist advice in areas like law, finance or accounting. You’re responsible for how you use any recommendations we provide.
9. Warranties
We aim to deliver quality work and stand behind what we build. Outside of anything specifically promised in writing (e.g. in a proposal or invoice), we don’t offer implied guarantees beyond what’s required by law.
10. Payments and Billing
10.1 Quotes are provided per project and confirmed in writing before work begins.
10.2 For most projects, we require a deposit before starting, with the balance due on completion (or per a payment schedule agreed in your proposal). For larger projects, we may split payments into milestones.
10.3 Invoices are payable within the timeframe stated on the invoice (typically 7–14 days). Late payments may incur a fee and can result in work being paused until the account is settled.
10.4Â If a project stalls due to non-payment, we reserve the right to pause delivery of files, hosting access, or final Work until outstanding amounts are paid.
11. Project Delays and Non-Response
If a project stalls because we haven’t heard from you (no feedback, approvals or content provided) for more than 30 days, we’ll reach out to check in. If we don’t hear back within a further reasonable period, we may pause or close the project, and any deposit paid will cover the work completed to that point. We’re always happy to pick things back up – just get in touch.
12. Revisions
The number of revision rounds included in your project will be set out in your quote or proposal. Extra rounds beyond what’s agreed can be arranged at our standard hourly rate – just ask and we’ll let you know the cost before proceeding.
13. Ownership of Work
13.1Â Once a project is paid in full, ownership of the final Work (your website, logo, photos, or video) transfers to you.
13.2Â We retain ownership of preliminary concepts, drafts, and any reusable design tools, templates or stock assets used to produce your Work, except where those are licensed to you as part of the final deliverable.
13.3Â We may showcase completed projects in our portfolio, on our website, or on social media, including a link back to your site where relevant. If you’d prefer we didn’t, just let us know and we’ll respect that.
13.4Â If images, logos or copy are supplied by you for use in a project, you confirm you have the right to use them, and you agree to cover us for any claims that arise from content you’ve provided.
14. Cancellations
14.1 You can cancel a project at any time by letting us know in writing.
14.2 Deposits and payments for work already completed are non-refundable, as they cover time and resources already committed to your project.
14.3 If a project is cancelled partway through, we’ll invoice for work completed up to that point, and provide any finished elements once that invoice is settled.
15. Use of AI Tools
15.1 We use AI tools in parts of our process — for example, to help draft copy, generate design concepts, or speed up research and admin tasks. AI supports our work; it doesn’t replace the judgement and craft of our team, and our team reviews AI-assisted output before it reaches you.
15.2 AI-assisted content (copy, design suggestions, or recommendations) should be treated as a starting point. It may occasionally be inaccurate or need adjustment, and we encourage you to review anything AI-assisted before publishing or relying on it — particularly copy that touches on legal, financial or compliance matters (see Section 16).
15.3 We take reasonable care with what we input into AI tools and avoid sharing sensitive information unnecessarily. If you’re sharing content with us that’s confidential or sensitive, let us know so we can handle it appropriately.
15.4 We’re not liable for inaccuracies in AI-assisted content, or for how third-party AI tools handle data submitted to them — see our Privacy Policy for more detail on this.
16. Legal Copy We Provide
Where we provide draft legal-style content as part of your project — for example a Privacy Policy or Terms of Service for your own site – this is provided as a general starting point only, not as legal advice. We recommend having any such content reviewed by a qualified legal professional before you publish or rely on it, and we’re not liable for how it’s used once delivered.
17. Contact Us
If you have any questions about this Agreement, get in touch:
Goldcrest Digital
Sydney, NSW
0404 703 042
Email us here
ABN: 38 074 399 381
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