Terms and conditions

About these terms

Elphick Digital is a boutique web design studio based in Newcastle, NSW, Australia. These terms apply to visitors of this website and to clients who engage us for projects, unless we agree different terms in writing for a specific project.

If you do not agree with these terms, please do not use this website or our services.

Use of this website

You may browse this website for lawful purposes only. You must not:

• Attempt to gain unauthorised access to our systems or data.
• Introduce malware, scrape content at scale, or interfere with the site’s operation.
• Use the site in a way that infringes intellectual property or other rights.
• Misrepresent your identity or submit false information through our forms.

We may suspend or restrict access if we reasonably believe these terms have been breached.

Enquiries and communications

Information you submit through our contact form, pricing enquiry, or other channels is handled as described in our privacy policy. Submitting an enquiry does not create a binding contract — we will confirm scope, fees, and timelines separately before work begins.

Our services

We provide web design, development, and related digital services. Specific deliverables, timelines, revisions, hosting arrangements, and fees will be set out in a proposal, statement of work, or invoice agreed with you before we start paid work.

We will use reasonable skill and care in performing services. Unless agreed otherwise, we do not guarantee particular search rankings, traffic levels, or business outcomes.

Your responsibilities

When you engage us, you agree to:

• Provide accurate information and timely feedback needed to complete the project.
• Supply content, assets, and approvals you are responsible for, and confirm you have rights to use them.
• Pay agreed fees by the due dates stated on our invoice or agreement.
• Maintain backups of your own content where appropriate, especially after handover.

Intellectual property

We retain ownership of our pre-existing tools, frameworks, know-how, and generic code or design patterns used across projects.

Upon full payment of agreed fees, we will assign or license to you the custom work created specifically for your project as set out in our project agreement. Third-party themes, plugins, fonts, stock imagery, or software remain subject to their respective licences — you are responsible for ongoing licence compliance where applicable.

Unless agreed otherwise, we may display completed work in our portfolio and marketing materials, naming your business where helpful for context.

Fees and payment

Quoted prices are in Australian dollars unless stated otherwise. For projects, payment is due in three instalments unless we agree different terms in writing:

• 40% on commencement — due before or when work begins.
• 50% on concept design and iteration — due when we present concepts and move through the design iteration phase.
• 10% on completion — due before final handover of deliverables.

Amounts and due dates for each instalment will be confirmed in your proposal or invoice. Late payment may delay delivery or pause work. We reserve the right to charge reasonable interest or recovery costs where permitted by law and disclosed in your agreement.

Warranties and limitation of liability

To the extent permitted by law, we exclude all warranties not expressly stated in your project agreement. Our liability for any claim arising from our services or this website is limited to the amount you paid us for the relevant project in the twelve months before the claim, except where liability cannot be limited under the Australian Consumer Law or other applicable law.

We are not liable for indirect or consequential loss (including loss of profit, data, or goodwill) except where such loss cannot be excluded by law.

Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies any consumer guarantee or other right you have under the Australian Consumer Law that cannot lawfully be excluded. If our services fail to meet a consumer guarantee, you may be entitled to a remedy we must provide under that law.

Third-party services and links

This website may reference or link to third-party tools, hosts, or platforms. We are not responsible for their content, availability, or terms. Your use of third-party services is at your own risk and subject to their terms.

Cancellation and termination

Either party may end a project in line with the cancellation terms in your project agreement. If no specific terms apply, either party may terminate on reasonable written notice; you will pay for work completed and committed costs up to the termination date.

Governing law

These terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales for disputes arising from these terms or our services.

Changes to these terms

We may update these terms from time to time. The “Last updated” date at the top of this page will change when we do. Continued use of the website after changes means you accept the updated terms. For active projects, the terms in effect when your agreement was made will apply to that project unless we agree otherwise.