Terms and conditions
The plain-English version of how we work together. By booking a check-up or engaging us, you agree to these terms. Your quote may include extra terms specific to your project.
1. About us
These terms are between you and Oshy Pty Ltd trading as Kelpie Digital (ABN 24 638 101 247), based in Concord, Sydney NSW.
2. The free check-up
The check-up is free and there's no obligation to go ahead. What we tell you in the check-up is general advice based on what we can see at the time.
3. Quotes
After the check-up, we send a fixed quote listing what we'll do, what it costs and roughly how long it'll take. Quotes are valid for 30 days. If you ask for extra work that isn't in the quote, we'll quote it separately before starting.
4. Payments
- Project work: 50% deposit to start, and the other 50% at launch, before we switch anything over
- Monthly care: billed monthly in advance
- Invoices must be paid by their due date
- Third-party costs, like domains, software licences and text messages, are listed in your quote and passed on at cost
If an invoice isn't paid by its due date, services may be suspended immediately. While an account is overdue, access to the assets, logins and support we provide will stop until it's paid in full.
5. Deposits and designs
Your deposit covers the discovery and design work we do upfront. If you decide not to go ahead after we've started, the deposit isn't refundable, and the designs and work in progress stay with us. Once a project is paid in full, everything we've built for you is yours.
6. Revisions
Website and design work includes two rounds of revisions. Extra rounds are quoted separately before we start them.
7. What you own
Once paid in full, you own your website, content, designs and domain. Your accounts, like email, Google, Microsoft and software subscriptions, are set up in your name from day one.
8. Monthly care and cancelling
Monthly care is month to month, with no lock-in contract. Cancelling needs a minimum of 30 days written notice. When you leave, we hand over all logins, files and access, and help you move if you need.
9. What we need from you
- Accurate information, and access to the accounts we need to do the work
- Content like text, photos and logos when we ask for it
- Feedback and approvals in reasonable time. Delays on your side may push out the timeline.
You're responsible for making sure the content you give us is yours to use, and for following the laws that apply to your business, including spam rules for messages sent to your customers.
10. Third-party services
We set up and connect tools made by other companies, like Microsoft, Google, Twilio, Xero or your booking software. We're not responsible for their outages, price changes or product changes, but we'll help you deal with them.
11. Our responsibility
We do our work with care and skill. Nothing in these terms limits your rights under the Australian Consumer Law. As far as the law allows, our total liability for any claim is limited to the amount you paid us for the work in question, and we're not liable for indirect losses like lost profits or lost data. Keep your own backups, even when we look after them too.
12. Confidentiality
We keep your business information, and your customers' information, confidential. See our privacy policy for details.
13. Showing off our work
We may mention your business and show the work we've done for you on our website and socials. If you'd rather we didn't, just tell us.
14. Disputes
If something's not right, talk to us first at hi@kelpie.digital and we'll work it out together. These terms are governed by the laws of New South Wales.
15. Changes to these terms
We may update these terms from time to time. The version on this page when you accept a quote applies to that work.
Photo credits
Sydney Harbour Bridge and Opera House from the Botanic Gardens, by Anthony Winning, via Wikimedia Commons (opens in a new tab), licensed under CC BY-SA 3.0 (opens in a new tab).