Terms and conditions

Elphick Digital is a boutique digital partner based in Newcastle, NSW, Australia, helping businesses leverage websites, automation and AI. These terms apply to visitors of this website and to our general relationship with clients.

In the event of inconsistency, the applicable project agreement prevails over these terms to the extent of any inconsistency, and these terms prevail over any other informal communications.

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

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.

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.

We provide web design, development, and related digital services. These terms describe our services at a general level only, they do not define the deliverables for any particular project. Project-specific services are defined exclusively in the applicable project agreement.

Specific deliverables, scope, timelines, and fees are set out in a separate written agreement for each project (such as a proposal or web services agreement).

Nothing on this website constitutes a binding offer to provide services until a written agreement is executed.

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.

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.

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 grant you a perpetual, worldwide licence to use the custom deliverables as set out in your 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.

Quoted prices are in Australian dollars unless stated otherwise. Unless otherwise stated in a project agreement, payment is typically due in three instalments as a default structure:

• 50% on commencement: due before or when work begins.
• 40% progress payment: due after the first review round.
• 10% on completion: due before final handover of deliverables.

Where a project agreement specifies payment milestones, those terms override any default structures described in these terms. Amounts and due dates for each instalment will be confirmed in your project agreement, proposal, or invoice. Payment terms, instalments, and consequences of non-payment (including suspension of work, withholding of deliverables, and deployment restrictions) are governed by your project agreement where applicable. 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.

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 total fees paid under the applicable project agreement, 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.

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.

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.

Termination of a project must be carried out in accordance with any applicable project agreement (such as a web services agreement). You will pay for work completed and committed costs up to the termination date.

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.

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.