TERMS OF
SERVICE

1.1 Scope of Work. All services, deliverables, timelines, and inclusions are defined in the accepted quote, proposal, or Statement of Work (SOW).

1.2 Order of priority. In the event of any inconsistency, the order of precedence is: (1) the SOW or accepted quote, (2) these Terms & Conditions, and (3) any other written or verbal communications.

1.3 Out-of-scope work. Any work not expressly included in the approved scope is considered out of scope and may require additional approval, fees, and/or revised timelines.

Bright Path Creative provides services including (but not limited to) website design and development, branding, copywriting, website refreshes, systems and automation setup, consulting, and level-one IT support where agreed.

3.1 Indicative timelines. All timelines are estimates only and depend on timely client input, approvals, and access.

3.2 Sprint-based projects. Where services are delivered as a sprint (including but not limited to 7 Day Website projects), the sprint commences only once all required materials and access have been received and the project is scheduled to begin.

3.3 Business days. Unless otherwise stated, timelines are calculated in business days (Monday to Friday, Melbourne time), excluding public holidays.

3.4 Delays. Delays caused by missing content, approvals, or access will result in corresponding timeline extensions and may impact scheduling availability.

3.5 Paused projects. If a project is inactive due to client delay for more than 14 business days, the project may be paused. Restarting a paused project may incur an administrative or reactivation fee and will be subject to scheduling availability.

You agree to:

• Provide accurate and complete information, content, assets, and access required for delivery
• Ensure you hold the rights and permissions to all materials supplied
• Review and approve deliverables within agreed timeframes
• Maintain backups of your own data and content
• Ensure your business complies with any applicable legal or regulatory requirements

We do not provide legal advice.

5.1 Included revisions. Projects include the number of revision rounds specified in the SOW.

5.2 Out-of-scope requests. Any requests outside the agreed scope (including additional pages, features, copy changes, design changes, integrations, or post-approval revisions) are considered out of scope.

5.3 Approval requirement. Out-of-scope work will only proceed once approved by the client in writing.

5.4 Hourly rate. Approved out-of-scope work may be billed at a rate of $110 per hour (AUD) unless otherwise agreed in writing.

5.5 Material changes. Significant changes to direction or functionality after approval may require a revised scope, timeline, and/or additional fees.

6.1 Fees & invoicing. All fees and payment schedules are set out in the accepted quote, proposal, or SOW.

6.2 Commencement of work. Work will not commence until any required payment has been received and cleared.

6.3 Final delivery. Final deliverables, access handover, or website launch will not occur until all outstanding invoices are paid in full.

6.4 Due dates. Invoices are payable by the due date stated on the invoice.

6.5 Late payment. We reserve the right to pause work or suspend services where payment is overdue. Reasonable administrative or recovery costs may apply where permitted by law.

6.6 Currency & tax. Bright Path Creative trades as a sole trader and is not registered for GST. All fees are quoted and invoiced in Australian Dollars (AUD) only; no GST is payable on our services. If our GST registration status changes in future, we will notify you and updated tax treatment will apply from the effective date stated on your invoice or notice.

6.7 Payment disputes. Any dispute must be raised in writing within a reasonable timeframe, and you agree to allow us an opportunity to resolve the issue before initiating a chargeback or third-party dispute.

Our services may rely on or integrate with third-party platforms, tools, hosting providers, plugins, or services. We are not responsible for the availability, performance, outages, pricing changes, or terms of these third-party services. Clients are responsible for maintaining their own third-party accounts and compliance with vendor terms.

8.1 Delivery. Final files are delivered digitally unless otherwise agreed.

8.2 Storage. Project files are retained for up to three (3) months after project completion, after which they may be deleted.

8.3 Client responsibility. You are responsible for downloading and securely storing all delivered files within this period.

9.1 Deposits. Deposits and upfront payments are non-refundable.

9.2 Work commenced. Once work has commenced, payments made are non-refundable.

9.3 Client cancellation. If the client cancels a project, payment remains due for all work completed up to the cancellation date.

10.1 Subscription overview. The Tradie System combines your website with an optional monthly platform layer: hosting for the live site, CRM access, lead capture, missed-call text-back, automated follow-up, pipeline management, and related features, delivered via a third-party platform managed and white-labelled by Bright Path Creative. You may purchase website setup only or add the monthly Tradie CRM subscription, as agreed in your quote or SOW.

10.2 Website setup fee (one-time). A one-time website setup fee (AUD) is payable before work commences. Our standard published rates are $1,140 for a single-page website and from $2,940 for a multi-page website (standard scope). If your accepted quote or SOW shows a different amount or scope, that document prevails. The setup fee covers onboarding, copywriting, image optimisation, hosting configuration, domain setup, email and phone setup, and web design. If you subscribe to the optional Tradie CRM, CRM configuration and automations are included in the setup fee. The setup fee is non-refundable.

10.2A Tradie CRM (optional monthly). If you subscribe to the Tradie CRM, the recurring platform fee is $240 per month (AUD). The same monthly rate applies whether your site is single-page or multi-page. This is in addition to the one-time setup fee. SMS, email, or other usage-based charges billed by the underlying platform may apply and are separate unless otherwise stated on your invoice.

10.3 Minimum term (monthly CRM only). Where you subscribe to the Tradie CRM, the monthly subscription has a minimum commitment of 3 months from the date the subscription (or combined system, as agreed) goes live. You are liable for all 3 months of fees regardless of usage during that period. If you do not subscribe to the monthly Tradie CRM, this minimum term does not apply.

10.4 Cancellation notice. After the minimum term, the subscription continues on a month-to-month basis. Either party may cancel by providing thirty (30) days' written notice. The client remains liable for any fees incurred during the notice period.

10.5 No refunds for unused periods. Monthly subscription fees are non-refundable. No partial refunds will be issued for unused portions of a billing period.

10.6 What the client owns. The client owns the website design, copy, images, and content created specifically for them as part of the setup (subject to Section 11, Intellectual Property). This ownership is not affected by cancellation of the subscription.

10.7 What the client licenses. Access to the platform (including CRM, automations, pipeline, missed call text-back, mobile app, and hosting infrastructure) is provided under a licence that is active only while the subscription is current. This licence terminates upon cancellation of the subscription.

10.8 Post-cancellation options. Upon cancellation of the full Tradie System subscription (after the minimum term), the client may choose one of the following:

• Hosting-only plan ($49/month). The website remains live and hosted on the Bright Path Creative platform. Domain pointing and SSL are maintained. All CRM features, automations, missed-call text-back, pipeline, and mobile app access are removed. The hosting-only plan is month-to-month and may be cancelled with thirty (30) days' written notice.
• Static Export and Handoff. Bright Path Creative will provide the client with a static export of their website design, copy, images, and content files. The client may use these materials to rebuild their website on another platform. Bright Path Creative reserves up to thirty (30) business days from the date of the cancellation request to prepare and deliver the export. The website will remain live during this period. Once the export is delivered and the notice period has elapsed, hosting will cease.

10.9 Domain ownership. Where a domain has been purchased on behalf of the client (e.g. via VentraIP or another registrar), the domain remains the property of the client. Upon cancellation, Bright Path Creative will assist with transferring domain management to the client or their nominated provider. The client is responsible for maintaining domain registration and renewals after transfer.

10.10 Platform dependency. The Tradie System is built on a third-party platform. Bright Path Creative is not responsible for changes to the underlying platform's features, pricing, availability, or terms. In the unlikely event the platform becomes unavailable, Bright Path Creative will make reasonable efforts to migrate the client's content to an alternative solution, but does not guarantee feature parity or uninterrupted service.

11.1 Ownership. Upon full payment, ownership of final project deliverables created specifically for the client transfers to the client, subject to third-party licenses.

11.2 Retained IP. Bright Path Creative retains ownership of its pre-existing materials, processes, templates, tools, and reusable components.

11.3 Third-party materials. Any third-party assets remain subject to their respective licenses.

11.4 Portfolio use. Unless otherwise requested in writing prior to launch, we may display completed projects in our portfolio and marketing materials.

Both parties agree to keep confidential information private and not disclose it except where required by law or necessary to perform the services.

We will perform services with due care and skill. We do not guarantee business outcomes, results, rankings, or performance metrics. The client is responsible for reviewing and approving all deliverables prior to launch.

13A.1 Best efforts. Where Bright Path Creative provides content, copywriting, research, blog articles, or other written deliverables, we will use reasonable care and best efforts to ensure information is accurate, current, and correctly attributed at the time of writing. Where applicable, information is sourced from credible third-party sources including government publications, industry bodies, and publicly available references.

13A.2 No warranty of accuracy. Bright Path Creative does not warrant or guarantee the accuracy, completeness, or currency of any information, data, statistics, regulatory references, or third-party content included in any deliverable. Content is provided in good faith on an 'as is' basis at the time of delivery. Information may change, be updated, or become outdated after the date of writing, and Bright Path Creative is not responsible for any such changes.

13A.3 Third-party sources. Where deliverables incorporate data, statistics, or information sourced from third parties (including government agencies, regulators, industry bodies, or published research), Bright Path Creative is not responsible for the accuracy or currency of that third-party information. The client is responsible for independently verifying any factual claims before publishing or relying on them.

13A.4 Regulatory and legal content. Any content referencing legislation, regulations, compliance obligations, legal standards, or penalties is provided for general informational and marketing purposes only. It does not constitute legal, compliance, financial, or professional advice. The client is responsible for seeking independent professional advice before acting on, publishing, or distributing such content.

13A.5 AI-assisted content. Bright Path Creative may use artificial intelligence tools to assist in the research, drafting, editing, or optimisation of content deliverables. All AI-assisted content is reviewed prior to delivery. The client acknowledges that AI tools may produce errors or inaccuracies, and Bright Path Creative does not accept liability for errors arising from AI-assisted processes.

13A.6 Client review obligation. The client is responsible for reviewing all deliverables prior to publication and for verifying the accuracy of any factual claims, statistics, or regulatory references intended for publication. Approval of a deliverable by the client constitutes acceptance of the content and acknowledgement that the client has undertaken such review. Bright Path Creative is not liable for any consequences arising from the client's failure to review or verify content prior to publication.

13A.7 Indemnity. The client agrees to indemnify and hold harmless Bright Path Creative from any claims, losses, or costs arising from: (a) inaccuracies in third-party data incorporated at the client's direction; (b) the client's failure to verify content prior to publication; or (c) content published in a form materially altered from the version delivered by Bright Path Creative.

To the maximum extent permitted by law, Bright Path Creative will not be liable for any indirect or consequential loss. Our total liability for any claim is limited to the fees paid for the specific service engagement to which the claim relates. Nothing in these Terms limits rights under the Australian Consumer Law.

We are not liable for delays or failure to perform services due to events beyond our reasonable control, including illness, outages, natural disasters, or supplier failures.

These Terms are governed by the laws of Victoria, Australia. Disputes may be referred to VCAT where applicable.

By engaging Bright Path Creative, you confirm that you have read, understood, and agree to these Terms & Conditions.

Bright Path Creative

Email: sara@brightpathcreative.com.au

Brighton, VIC 3186