Website Design Terms and Conditions
The Trustee for The Doddrell Hall Trust trading as The Ginkgo Tree Creative Studio
ABN 72 152 853 844
Last updated: 9 July 2026
These Terms and Conditions apply to website design, website development, website redesign, search engine optimisation, content assistance, digital experiences and related services supplied by The Ginkgo Tree Creative Studio.
In these Terms:
the Studio, we, us and our mean The Ginkgo Tree Creative Studio;
the client, you and your mean the person, business or organisation purchasing the services;
the proposal includes any quote, estimate, scope of work or project agreement supplied by us; and
the website includes the website, webpages, digital experience and associated materials created as part of the project.
By accepting a proposal, paying an invoice or deposit, approving the commencement of work, or otherwise instructing us to proceed, you confirm that you have read and agreed to these Terms.
1. Project proposal and scope
The services, deliverables, fees, payment schedule and expected timetable for each project will be described in the relevant proposal.
The proposal and these Terms together form the agreement between the Studio and the client.
If there is an inconsistency between these Terms and a written proposal, the specific terms of the proposal will apply to that project.
Only the pages, functions, integrations, content services and other deliverables specifically included in the proposal are included in the project fee.
Any assumptions, exclusions or client responsibilities stated in the proposal also form part of the agreement.
2. Project commencement
The project will commence on the start date specified in the proposal or subsequently confirmed by the Studio in writing.
A place in our project schedule is not secured until any required initial payment has been received.
Before work begins, the client may be required to provide information, content, branding materials, website access, account credentials and other materials reasonably necessary for the project.
Failure to provide these materials may delay the project but does not automatically change the agreed payment schedule.
3. Four-month project period
Unless another timeframe is agreed in writing, the client agrees to work with the Studio to complete the website within four calendar months of the agreed project start date.
This active project period is intended to maintain momentum and ensure that design decisions, content and feedback remain current.
The client agrees to:
provide requested content, information and access within a reasonable timeframe;
review work when requested;
provide clear and consolidated feedback;
make decisions and approvals without unreasonable delay; and
advise the Studio promptly if circumstances are likely to affect the project.
If the project is not completed within four months primarily because the client has not supplied content, feedback, decisions, approvals or access, the Studio may issue a written completion notice requesting the outstanding items by a stated deadline.
If the outstanding items are not received by that deadline, the Studio may:
pause and archive the project;
complete the agreed work using the materials and approvals already supplied, where reasonably possible;
provide the website in its current state;
move the project to a later place in the Studio’s schedule; or
treat remaining work as a new booking or project variation.
Restarting an archived project is subject to the Studio’s availability. A reasonable reactivation or rescheduling fee may apply where additional administration, rebuilding, updating or rescheduling is required. Any such fee will be explained and agreed before the additional work begins.
The four-month period may be extended where:
the Studio agrees to an extension in writing;
the delay is primarily caused by the Studio;
both parties agree to pause the project;
a third-party service or technical issue prevents progress; or
circumstances outside either party’s reasonable control prevent the work from continuing.
An extension of the project period does not automatically include additional work or revisions.
4. Client responsibilities
The client is responsible for supplying accurate, complete and lawful information required for the project.
Unless content creation is specifically included in the proposal, the client must provide the final written content, images, branding files, product information, pricing, policies and other materials required for the website.
The client is also responsible for:
ensuring that supplied content is factually accurate;
checking spelling, names, dates, prices and contact details;
obtaining permission to use supplied photographs, illustrations, fonts, videos, music, logos and written material;
maintaining copies of important files and existing website content;
supplying access to relevant domains, hosting accounts, email platforms and third-party services;
nominating one authorised contact person where multiple people are involved; and
ensuring that internal stakeholders review and approve the website within the agreed process.
The Studio is not responsible for delays caused by conflicting or incomplete instructions from multiple representatives of the client.
5. Client-supplied content and intellectual property
The client warrants that it owns, or has permission to use, all material supplied to the Studio.
The client remains responsible for claims arising from material it supplies, including claims relating to copyright, trademarks, misleading information, privacy, defamation or unauthorised use.
The Studio may refuse to publish content that it reasonably believes is unlawful, misleading, defamatory, discriminatory, harmful or infringes another party’s rights.
The Studio is not responsible for independently verifying the accuracy, ownership or legality of client-supplied content.
6. Design process and approvals
The Studio will develop the website using its professional judgement, experience and the agreed project direction.
Design is collaborative, but the Studio retains control over the creative and technical methods used to produce the agreed outcome.
The client will be given opportunities to review and approve relevant stages of the project.
Feedback should be:
provided by the agreed deadline;
supplied in one clear and consolidated response;
consistent with the approved scope and direction; and
authorised by the client’s nominated representative.
Approval may be given by email, message, project management platform, video call or another agreed method.
Once a design stage has been approved, substantial changes to that stage may be treated as additional work.
The Studio is not responsible for errors that were visible to the client and approved during the review process, although we will correct genuine Studio errors where reasonably possible.
7. Revisions
The number and type of revisions included in the project will be stated in the proposal.
Where the proposal does not specify a number, the project includes reasonable minor revisions during the scheduled review stages.
A revision means a reasonable adjustment to work already presented. It does not include:
replacing the approved design direction;
developing additional concepts;
rewriting substantial amounts of content;
adding new pages or functionality;
changing the website structure;
replacing significant amounts of approved content;
reworking completed pages because the client’s business, branding or preferences have changed; or
revisiting work that was previously approved.
Additional revisions may be quoted separately or charged at the Studio’s current hourly rate, with the client’s approval.
8. Changes to the project scope
Requests outside the agreed scope are called variations.
A variation may affect the project fee, completion date or both.
Where practical, the Studio will explain the additional work and obtain written approval before beginning it.
Minor additional work may be added to the final invoice where the client has clearly instructed the Studio to proceed and the likely additional cost has been communicated.
The Studio is not required to begin a variation until any requested payment has been received.
9. Fees and payment
The project fee and payment schedule will be stated in the proposal or invoice.
All amounts are in Australian dollars. GST will be included or added as stated in the proposal.
Initial payments are applied toward the project fee and reserve time in the Studio’s schedule.
Invoices must be paid by the due date shown on the invoice.
The client must raise any genuine invoice query promptly and should pay any undisputed portion of the invoice by the due date.
Project completion, website launch or delays caused by the client do not remove the client’s obligation to pay for completed work and agreed services.
Third-party subscriptions, domain registrations, hosting, premium plugins, stock assets, fonts, applications and transaction fees are not included unless expressly stated in the proposal.
10. Payment plans
Where a payment plan is offered, the full project fee remains payable according to the agreed schedule.
Completion or launch of the website does not cancel or shorten the payment plan.
Until all project payments have been received, ownership of the final website design and Studio-created deliverables does not transfer to the client.
If an instalment fails, is cancelled or becomes overdue, the Studio may pause work or restrict access after giving the client notice and a reasonable opportunity to resolve the payment issue.
11. Overdue payments and suspension
If an invoice is overdue, the Studio may give written notice that work will be suspended.
Work may remain suspended until overdue amounts are paid or another arrangement is agreed in writing.
A suspension may affect the original project schedule. Restarting the work will be subject to the Studio’s availability.
The Studio may also withhold launch, transfer of ownership, account handover, training or final deliverables while undisputed invoices remain unpaid.
12. Cancellation and termination
Either party may end the project by giving written notice.
If the client ends the project, the client must pay for:
work completed up to the termination date;
work already scheduled or commenced specifically for the project;
approved expenses;
non-refundable third-party costs; and
any other amount already due under the agreed payment schedule.
The value of work completed may be assessed using the project stages in the proposal, the Studio’s stated hourly rate, or the reasonable value of the work performed.
If payments already received exceed the amount properly payable for work and costs incurred, the Studio will refund the balance.
If the Studio ends the project for reasons other than the client’s breach, non-payment or conduct, the Studio will refund any prepaid amount relating to work that has not been completed.
The Studio may end or suspend the project where the client:
repeatedly fails to communicate or provide required materials;
fails to pay an undisputed invoice;
requests unlawful, unethical or misleading work;
engages in abusive, threatening or inappropriate behaviour;
materially breaches these Terms; or
makes it impractical for the Studio to complete the project.
Where reasonably possible, the Studio will provide notice and an opportunity to address the issue before ending the agreement.
13. Website platform, domain and subscriptions
Websites will generally be created using Squarespace or another platform agreed in the proposal.
Unless expressly included, the client is responsible for purchasing and maintaining:
the website platform subscription;
domain name registration and renewals;
business email services;
third-party applications and integrations;
payment processing accounts;
premium fonts or stock assets; and
any other ongoing service required to operate the website.
Where possible, accounts should be established in the client’s name using an email address controlled by the client.
The Studio may assist with setup but is not responsible for a client’s failure to renew a domain, subscription or third-party service.
Any Squarespace Circle discount or promotional offer is subject to Squarespace’s current eligibility rules and may not apply to renewals or additional services.
14. Third-party services
The website may depend on services provided by Squarespace, Google, Stripe, PayPal, Mailchimp, Meta, booking platforms, domain registrars or other third parties.
The Studio does not control these providers and is not responsible for their:
outages or service interruptions;
pricing or subscription changes;
discontinued features;
policy or eligibility changes;
security incidents;
compatibility changes;
account suspensions;
loss of data; or
changes to software or functionality.
Work required because a third-party platform changes its systems after the website has been built is not included in the original project unless stated otherwise.
15. Search engine optimisation and website outcomes
Where SEO is included, the Studio will apply the SEO work described in the proposal.
The Studio does not guarantee:
a particular Google or search-engine ranking;
continued ranking for a keyword;
a particular level of website traffic;
enquiries, bookings or sales;
acceptance by a search engine;
results by a particular date; or
the actions or decisions of search engines and competing websites.
Website performance depends on many factors outside the Studio’s control, including competition, client activity, content quality, market conditions, platform changes and search-engine updates.
The client remains responsible for ongoing marketing, content updates and business decisions after launch unless ongoing services are separately agreed.
16. Accessibility, privacy and legal compliance
The Studio will use reasonable care when designing and building the website.
Unless expressly included in the proposal, the project does not include a formal legal, privacy, cybersecurity or accessibility compliance audit.
The Studio does not provide legal, accounting or regulatory advice.
The client is responsible for identifying and complying with the laws, standards and industry requirements that apply to its business and website, including requirements relating to:
privacy and collection of personal information;
cookies and analytics;
email marketing;
accessibility;
consumer guarantees;
refunds and cancellations;
e-commerce;
competitions;
professional or health claims;
industry-specific disclosures; and
website terms and privacy policies.
Where formal compliance with a particular accessibility standard or technical specification is required, this must be included in the project scope.
17. Website testing and compatibility
The Studio will test the website using reasonable methods and commonly used current browsers and device sizes.
Differences in appearance may occur between browsers, devices, operating systems and screen settings.
Unless specifically included, the Studio is not required to support outdated browsers, discontinued devices or systems that are no longer supported by their manufacturer.
The client must report any apparent technical problem promptly and provide enough information for the Studio to investigate it.
18. Launch and completion
A website will generally be considered complete when:
the agreed pages and functions have been built;
the included revision process has been completed;
the client has approved the website for launch or handover; and
the website is launched, transferred or made available to the client.
The client may choose to delay public launch, but this does not prevent the project from being considered complete where the Studio has finished the agreed work.
The Studio may use temporary text, placeholder images or incomplete client content during development. The website will not be considered defective merely because the client has not supplied final content.
The client is responsible for completing a final review of names, contact information, links, prices, dates, spelling, policies and business information before approving launch.
19. Post-launch support and maintenance
Unless the proposal states otherwise, the project includes a 14-calendar-day post-launch correction period.
During this period, the Studio will correct genuine faults where an agreed feature does not function as intended because of the Studio’s work.
This period does not include:
new content;
design changes;
additional functions;
changes requested after approval;
client-created errors;
issues caused by third-party services;
changes caused by platform updates;
damage caused by another designer, developer or user; or
general website maintenance.
After the correction period, assistance may be quoted separately or provided under an ongoing support arrangement.
The client is responsible for operating, updating and maintaining the website after handover unless ongoing services are included.
20. Ownership and intellectual property
The client retains ownership of material it supplied to the Studio.
Until all project invoices have been paid, the Studio retains ownership of the website design and all Studio-created project materials.
Once payment has been received in full, the client receives ownership of the final client-specific website design and deliverables created for the project, subject to any third-party licences.
The Studio retains ownership of its:
pre-existing materials;
design systems;
templates;
working methods;
general code and code snippets;
reusable components;
processes;
know-how;
concepts not selected by the client; and
internal or working files not identified as deliverables.
Where Studio-owned material is incorporated into the final website, the client receives an ongoing licence to use it as part of that website.
Third-party fonts, stock images, applications, templates, code, software and other assets remain subject to their own licence terms.
Editable design files, raw files and source materials are not included unless specified in the proposal.
21. Portfolio use and credit
Unless confidentiality has been agreed in writing, the Studio may display the completed public website and describe the project in its portfolio, social media, awards, presentations and promotional material.
The Studio will not publish confidential information supplied by the client.
The Studio may include a discreet website credit and link in the website footer unless the proposal states otherwise or the parties agree to remove it.
22. Confidentiality and account access
Each party agrees to take reasonable care of confidential information received from the other party.
The Studio may access client accounts and systems only as reasonably required to perform the agreed services.
The client should change temporary passwords after the project is completed and maintain appropriate security for its accounts.
The Studio may use employees, contractors, professional advisers and reputable service providers where reasonably necessary to deliver the project, provided appropriate care is taken with confidential information.
23. Security and backups
The Studio will take reasonable care when working with the website and client accounts but cannot guarantee that a website or third-party platform will be continuously available, secure or free from malicious activity.
Before the Studio begins work on an existing website, the client is responsible for ensuring that appropriate backups are available unless backup services are included in the proposal.
The Studio is not responsible for damage caused by:
passwords shared insecurely by the client;
unauthorised account access;
malware or malicious third parties;
client-installed code or integrations;
changes made by the client or another service provider;
failure to maintain subscriptions or renewals; or
third-party platform failures.
24. Limitation of liability
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including rights that may apply under the Australian Consumer Law.
To the extent permitted by law, the Studio is not liable for indirect or consequential loss, loss of profit, loss of opportunity, loss of business, loss of data or loss arising from a third-party platform, except to the extent that the loss was directly caused by the Studio’s failure to exercise reasonable care and skill.
To the extent permitted by law, the Studio’s total liability arising from a project is limited to the amount paid by the client for the particular services giving rise to the claim.
This limitation does not apply to fraud, wilful misconduct or any liability that cannot legally be limited.
25. Events outside reasonable control
Neither party is responsible for delay caused by events outside its reasonable control, including serious illness, natural disasters, utility failures, internet outages, cyber incidents, government restrictions, industrial action or major third-party platform failures.
The affected party should advise the other party as soon as reasonably possible.
Any agreed timetable will be extended by a reasonable period to account for the interruption.
26. Dispute resolution
If a concern arises, both parties agree to first attempt to resolve it through a good-faith discussion.
The party raising the concern should provide a written description of the issue and the outcome sought.
If the issue cannot be resolved directly, either party may propose mediation before commencing court proceedings, except where urgent legal action or debt recovery is reasonably required.
Nothing in this section prevents either party from exercising rights available under applicable law.
27. Changes to these Terms
The Terms in effect when the client accepts a proposal will apply to that project.
The Studio may update the general Terms published on its website from time to time, but an update will not retrospectively alter an existing agreement unless both parties agree.
28. Severability
If part of these Terms is found to be invalid or unenforceable, that part will be read down or removed to the minimum extent necessary.
The remaining Terms will continue to apply.
29. Governing law
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the courts and tribunals with jurisdiction in Victoria.
30. Acceptance
By accepting a proposal, paying an invoice or initial payment, or instructing the Studio to begin work, the client confirms that it has read, understood and agreed to these Terms.