1 About these terms
These terms apply to services supplied by Joomstore Pty Ltd trading as Joomstore (we, us or our) to the client named in our proposal, quotation or service order (you or your), when incorporated into that engagement under clause 2.
Our services may include branding, graphic design, copywriting, website design, website development, software and application development, software as a service (SaaS), integrations, automation, digital marketing, search engine optimisation (SEO), answer engine optimisation (AEO), website hosting, website security and cybersecurity. Only the services expressly included in your accepted scope are supplied.
Company details: Joomstore Pty Ltd | ABN: 14 908 270 325 | Business address: 341 Oxford Street Leederville WA 6007 | Contact email: [email protected] | Website: https://joomstore.com.au.
2 Agreement and acceptance
Your agreement comprises the accepted proposal, quotation or service order, any expressly incorporated service schedules, these terms and agreed written variations. A specifically negotiated written provision takes priority over an inconsistent general provision. Service schedules take priority over these terms only for the services they address. Mandatory legal rights apply regardless of that order.
We provide or clearly link these terms before you engage us. You accept them by signing or electronically accepting an agreement that incorporates them, expressly accepting them by email, or paying a deposit or instructing us to start after being told that doing so accepts the supplied version. Merely visiting our website does not accept a paid service agreement. Your representative must have authority to instruct us on your behalf.
The version accepted for an engagement continues to apply to it. Updating our website does not retrospectively alter an existing agreement, create charges for past work or change existing ownership rights. Changes to an existing engagement require agreement, except for prospective recurring-service price changes expressly permitted under clause 8.
3 Scope proposals and paid discovery
Our proposal identifies the deliverables, inclusions, exclusions, assumptions, fees and applicable milestones. Quotations remain open for the period stated in them; if none is stated, for 30 days. Availability and commencement dates require confirmation.
An estimate is an informed indication rather than a fixed price. For work billed by time, we explain the charging basis and obtain approval before materially exceeding an agreed budget or spending limit. Meetings, research, troubleshooting, project management, testing, liaison and deployment are chargeable where included in the accepted charging basis.
Discovery, audits, technical investigation and scoping are separate paid services where quoted. Payment of a scoping fee does not commit you to a build. Any credit against later work must be stated in the proposal.
Features, content migration, accessibility testing, integrations, data cleansing, training, ongoing support and editable files are included only to the extent stated. We do not use an omission from a scope to avoid supplying something expressly promised or required by law.
4 Changes and additional work
Either party may propose a scope change. Before starting additional work, we explain the change, its fee or time-based charging basis and the likely effect on timing, and obtain your written approval. Emails can record approval.
New concepts, extra revision rounds, changes to approved work, additional stakeholders, new integrations and migration or handover tasks may require a variation. Necessary work to correct our failure to meet the agreement is not an additional chargeable variation.
For emergency security work, any authority to act without further approval must be agreed in advance and specify permitted actions and a spending limit. Without that authority, we seek approval before incurring additional fees. Platform difficulties alone do not authorise unlimited billable troubleshooting.
5 Your responsibilities and approvals
You provide reasonably requested access, accurate instructions, content, approvals and lawful permissions within agreed timeframes. You nominate an authorised contact and consolidate feedback where reasonably practicable. You tell us about material operating requirements, deadlines, sensitive information and system restrictions before we agree the scope.
You remain responsible for the accuracy and legality of your business claims, prices, offers, professional representations and supplied materials. We remain responsible for our own conduct and agreed services. We may decline an instruction that is unlawful, misleading or contrary to a platform's rules and will explain the concern.
You review proofs, copy and proposed campaigns for factual accuracy and give explicit approval before publication or print production where approval is required. Approval does not waive rights concerning our defects or misleading conduct. Correction of a client-approved error may be chargeable if we accurately implemented your instructions and the correction is outside scope.
6 Timing delays and project pauses
We exercise reasonable care to meet agreed dates and tell you promptly about material delays. Unless expressly agreed as binding, delivery dates are estimates. Where no time is agreed and the law requires it, we supply within a reasonable time.
A delay caused by missing client inputs, an approved scope change or an external dependency may require a reasonable timetable adjustment reflecting its actual effect. We discuss that adjustment with you. We remain responsible for delays attributable to our failure to exercise due care and skill.
If progress is blocked for 30 days, we may propose a pause after written notice and a reasonable opportunity to respond. Resumption is scheduled by agreement. Any reasonable reactivation work and fee must be explained and approved before it is undertaken. Inactivity does not automatically forfeit your deposit or deem the project accepted.
7 Fees deposits invoices and disputed amounts
Fees are in Australian dollars unless otherwise stated. Business quotations may show GST separately; we identify GST and the total payable before acceptance. Consumer-facing prices include GST and other unavoidable charges where the law requires this. Any payment surcharge is disclosed and must not exceed the permitted cost of acceptance.
Deposits, milestones, recurring charges, hourly or day rates and invoice due dates are stated in the accepted proposal. A production day's duration and billing treatment must be stated before a day rate is accepted. Unless otherwise agreed, invoices are payable within 14 calendar days. Deposits are credited against the agreed charges; their treatment on cancellation is governed by clause 24.
Advertising spend, stock assets, software subscriptions, printing, domain fees and other external costs are separate only where disclosed and approved. We obtain approval before purchases outside an agreed allowance and disclose any handling fee or markup.
Please raise invoice concerns promptly with enough detail for us to investigate. Delay in raising a concern does not make an incorrect invoice valid or extinguish legal rights. You pay undisputed amounts when due; we investigate genuinely disputed amounts reasonably and in good faith. We do not treat a bona fide disputed amount as an undisputed overdue debt while that investigation is underway.
Interest applies only if a reasonable rate and calculation method were expressly agreed before engagement. Recoverable collection costs must be lawful, reasonable, actually incurred and proportionate to the undisputed debt; automatic penalty or administration fees do not apply under these terms.
8 Recurring services subscriptions and renewals
The service schedule states the inclusions, billing cycle, any minimum term, usage limits and cancellation process. Without an expressly agreed minimum term, recurring services run month to month and either party may end them on 30 days' written notice. Fees for partial periods are apportioned where reasonably practicable, subject to disclosed non-refundable third-party commitments and statutory rights.
Unused service hours expire or roll over only as clearly stated in the accepted schedule. No new fixed minimum term starts automatically unless its renewal mechanism was expressly agreed and any required reminder given.
We may change month-to-month recurring fees on at least 30 days' written notice, explaining the change. You may cancel the affected service before the increase starts without an early termination fee. We do not increase fixed-term prices during the term without your agreement. Any advance payment for an unused period is refunded, less properly incurred approved costs.
We cancel our billing authority for ended services. Cancellation of our service does not automatically cancel subscriptions contracted directly between you and another provider; we explain any identified steps you need to take.
9 Branding graphic design and copywriting
The scope states the number of concepts, revision rounds, outputs and file formats. Unless stated otherwise, we supply the approved finished artwork or copy in the agreed production or publication format. Working files, rejected concepts, sketches and internal production material are addressed in clauses 17 to 19.
Brand strategy and creative development do not include trademark searches, registration or legal clearance unless expressly agreed. We do not knowingly supply infringing original work. If you need an exclusive brand identity, we identify material third-party or stock elements that could limit exclusivity and agree a suitable approach before their use.
Screen colours and physical print output can vary. Where colour matching matters, the scope should include an appropriate physical proof or agreed colour standard. You approve print quantities, sizes, proofs and specifications before an authorised print order. We remain responsible for our own production or ordering errors.
Copywriting is based on your brief and information, with the agreed level of research and checking. Regulated, legal, medical, financial or technical claims require appropriately qualified review where necessary. We do not provide that professional advice merely by writing or publishing copy.
10 Website design and website development
The scope identifies pages, functionality, supported browsers and devices, content responsibilities, CMS, accessibility requirements and migration requirements. Compatibility is assessed against those agreed targets; future versions and all legacy systems are not automatically included.
You receive reasonable access to a staging or review environment and an agreed opportunity to test before launch. You identify material departures from scope with enough detail for us to investigate. We correct our failures to meet the scope without an additional development fee. Launch occurs after approval or under another expressly agreed launch process. Silence alone is not acceptance, and use does not waive statutory rights.
Accessibility, performance, privacy and security obligations depend on the project and applicable law. We meet requirements we expressly agree and obligations that apply to us. A stated accessibility target does not imply an independent certification unless included. Content or changes made later by other parties may require further testing.
Maintenance, content updates and future upgrades require an included support service or separate agreement. They remain distinct from our responsibility to remedy defects in the original supply where required by the agreement or law.
11 Software development SaaS integrations and automation
The project schedule states functional requirements, acceptance criteria, deployment arrangements, included documentation, hosting, data export options and whether source code or repository access is included. Bespoke development is not automatically a transfer of all intellectual property, but operational access and agreed deliverables must be provided as promised.
Third-party APIs, operating systems and services may change or become unavailable. We explain material dependencies known to us and exercise reasonable care in implementation. Changes needed solely because of later external changes may be separately quoted. Our own defects and failures to meet the agreed integration requirements remain our responsibility.
Unless expressly included, a licence to use a hosted application does not include its underlying source code, build tools, server infrastructure or an unrestricted right to redistribute the product. Any limits on users, environments, territory, usage or export must be disclosed in the service schedule before acceptance. We do not claim ownership of your business data.
For business-critical systems, the parties agree appropriate testing, rollback, backup and continuity arrangements before deployment. Source-code escrow, disaster recovery targets and extended support require an express schedule.
12 Digital marketing and advertising
The scope distinguishes campaign strategy, creative production, setup, management, reporting and platform spend. You approve budgets, offers and materially new creative before launch. We act within approved spending authority and remain responsible for our own unauthorised spending or negligent configuration.
Platforms decide ad approvals, placements, account verification and policy enforcement. Performance can vary with competition, demand, budgets, tracking, your offer and your handling of enquiries. Unless expressly promised, we do not guarantee a particular number of leads, sales or a return on advertising spend. This does not remove our obligations to supply agreed services with due care and skill or responsibility for representations we make.
Reported conversions may include platform-attributed or modelled events rather than verified sales or qualified enquiries. We identify material measurement limitations known to us. Consent requirements, browser restrictions and platform changes may affect attribution. We do not knowingly present unverified conversion counts as verified business outcomes.
13 SEO and AEO
SEO and AEO may include technical improvements, content strategy, structured data, local search optimisation, entity information and monitoring, as stated in the scope. AEO means work intended to improve how answer engines and AI-assisted search services discover, interpret or reference your information.
Search engines and answer engines control indexing, rankings, snippets, citations and generated answers. We do not guarantee first-page rankings, a particular position, inclusion in an AI answer, traffic or revenue unless an explicit written commitment states its measure and remedy. Results may take time and may change after algorithm updates.
We do not knowingly use deceptive optimisation practices, fabricated reviews or undisclosed paid links contrary to the agreed platform policies. Paid media, directory fees and paid placements are disclosed and require approval. SEO or AEO work does not guarantee the accuracy of statements generated independently by third-party AI systems.
14 Hosting domains and maintenance
The hosting or maintenance schedule states resources, support hours, response targets, monitoring, backup arrangements, update responsibilities and any availability commitment. No particular uptime percentage, around-the-clock support or recovery time is promised unless stated. We exercise due care and skill in the services we supply.
Scheduled maintenance is notified where reasonably practicable. Urgent maintenance may occur without advance notice where necessary to protect systems, with prompt subsequent explanation. We take reasonable steps to minimise disruption.
Hosting must not be used for unlawful material, malicious activity, unsolicited bulk messaging or conduct that materially threatens system integrity. We notify you of problems and allow a reasonable opportunity to resolve them unless immediate proportionate action is needed to address a serious security or legal risk. Any suspension is limited to what is reasonably necessary.
Domains should be registered in the eligible client's name, with accurate registrant details and an accessible renewal contact. Renewals and transfers follow the registrar and registry rules. Our renewal responsibilities depend on the accepted service. Where we manage renewals, we take reasonable care to notify you and implement agreed renewal instructions. Domain licences are not ownership of registry infrastructure.
15 Website security and cybersecurity
The security scope states the authorised systems, assessment methods, testing limits, remediation activities and any monitoring or incident response service. You confirm your authority over the systems and obtain permission from relevant third-party owners. Intrusive testing, exploitation, social engineering or penetration testing requires specific written authorisation defining permitted activity, timing and safeguards.
Security assessments describe findings within the agreed scope at the time of assessment. No assessment or hardening service can establish that a system will remain free from every threat. We do not guarantee that every vulnerability will be detected or every attack prevented, but we remain responsible for exercising due care and skill and delivering expressly agreed controls.
You protect credentials, use agreed security controls and tell us promptly about suspected compromise or unauthorised changes. We protect credentials entrusted to us and limit access to authorised personnel. We document material risks and recommended actions within the engagement. Your decision not to implement a recommendation does not excuse an unrelated failure by us.
Malware cleanup, forensic investigation, restoration and ongoing monitoring are distinct services unless bundled in the scope. A cleanup is not a certification that no compromise ever occurred. Re-infection caused by an unresolved external vulnerability may require additional work, but we do not charge again to correct an inadequate service where we are obliged to remedy it.
Incident notification, evidence preservation and communication with insurers, regulators or affected people are coordinated promptly where relevant. Each party remains responsible for its own statutory duties. We do not pay ransom or contact an attacker on your behalf without separate lawful authority and a specifically agreed scope.
16 Backups recovery and data export
Where we supply backups, the schedule specifies the systems covered, frequency, retention period, storage location, security and extent of restore testing. A successful backup job is not necessarily a completed restore test. We describe any verification supplied accurately.
If backups are outside our scope, you arrange appropriate backup and recovery measures. This does not remove our duty to take reasonable precautions when performing work that could affect your data. Any exclusion from backup coverage must be clearly disclosed.
A packaged backup, migration, restore to another environment, data conversion or assisted export is chargeable only under an agreed scope or approved variation. We identify format and dependency limitations. Additional services do not restrict access to data or exports already included in your agreement or required by law.
17 Intellectual property and client materials
You retain ownership of materials, trademarks and business data you supply. You grant us a limited licence to use them to perform the engagement. You confirm that you have the permissions needed for that use. We use them for unrelated publicity only with permission under clause 22.
We retain rights we own in pre-existing tools, reusable code, methods, templates and general know-how. Third-party and open-source materials remain subject to their owners' rights and applicable licences. We do not claim rights we do not own. We obtain appropriate rights from our employees and contractors to supply the rights promised to you.
Unless the proposal provides for an assignment, we retain copyright we own in original work created for the engagement and, when the charges for the relevant deliverable are paid, grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, reproduce, publish and adapt the final approved deliverable for your business purposes. You may authorise replacement agencies and contractors to do those things for you. This licence includes any of our embedded background material needed for that use, but not its unrelated standalone commercialisation. Third-party licence restrictions are disclosed and continue to apply.
The licence to a fully paid deliverable is not revoked because the engagement ends or an unrelated invoice remains unpaid. Any approved interim use before final payment is recorded in the proposal. Unselected concepts are excluded unless expressly included. We may reuse general know-how but not your confidential information, trademarks or distinctive client-specific artwork.
If an exclusive licence or copyright assignment is agreed, the written agreement identifies the specific original material and rights transferred and is signed as required by law. It does not assign stock assets, third-party code or background material unless the relevant rights permit it. Authors' moral rights are respected; any necessary consent is obtained specifically and lawfully.
18 Editable creative files and development source files
Finished deliverables and editable production files are different deliverables. Editable files include InDesign, Illustrator, Photoshop and other native design files, raw footage, working documents, layered files and production assets. Development source files include repositories, build scripts and development documentation to the extent identified in the scope.
If editable or source files are expressly included, we supply them on the agreed payment and delivery terms without an additional release fee. We do not use this clause to withhold a deliverable or right already promised to you.
If they are not included, you may request a separate quote for file preparation, packaging, licence review, documentation and the additional rights, if any. We identify the files, rights, restrictions, fee and delivery timing before you accept. You may decline that quote while continuing to exercise your existing rights in paid finished deliverables.
Delivery of a file does not by itself transfer copyright. Unless expressly assigned, files supplied under a separate source-file agreement may be edited and used by you and your appointed providers for your business, within the licence granted. Our unrelated proprietary tools, other clients' materials, internal correspondence, personal account credentials and restricted third-party assets are excluded. We explain exclusions that materially affect usability.
19 Stock assets fonts templates and software licences
Stock assets, Adobe Stock templates, fonts, themes, plugins, music and other licensed components are governed by the applicable licence. Customising a stock template does not transfer ownership of the underlying licensed material or remove its restrictions.
Before supplying an editable package, we check whether relevant components can lawfully be included, sublicensed or transferred. Where necessary, you obtain your own licence, or we agree a lawful alternative. We do not distribute font software or standalone stock assets where prohibited. We identify material ongoing licence costs and restrictions before you approve their use.
An agency subscription or developer licence is not automatically transferable. If it ends when our service ends, we explain the effect and available replacement arrangements. Open-source rights are governed by the applicable open-source licence; these terms do not reduce rights granted by that licence.
20 Accounts access and ownership transfers
Where a platform permits, client accounts and business assets should be established under your business with appropriate administrative access, and agency access granted separately. If a different setup is proposed, we explain material ownership, transfer and access limitations and obtain your written approval. Access permissions do not necessarily amount to platform ownership.
Platforms such as Meta, Google and domain registrars control transfer eligibility, verification, waiting periods and acceptance processes. We exercise reasonable care and cooperate with agreed transfer steps but cannot override platform decisions or guarantee that a prohibited transfer is possible.
Standard access delivery and transfer assistance included in your agreement are supplied on its terms. Additional troubleshooting, repeated transfer attempts, receiving-provider liaison, training and migration can be charged only where you approve their scope and charging basis. We keep reasonable records of chargeable work and seek further approval before materially exceeding the approved allowance.
We provide business credentials and access information you are entitled to receive through a suitable secure method. We do not provide personal profiles, other clients' access or agency-wide master accounts; we arrange client-specific access or another lawful solution where possible. Any replacement licence requirements are explained.
21 Confidentiality privacy subcontractors and AI
Each party protects the other's confidential information and uses it only for the engagement or another authorised purpose. Disclosure is permitted to personnel and professional advisers who need it and are subject to appropriate confidentiality obligations, or where required by law. Public information, information already lawfully known and independently developed information are excluded.
We may use appropriately qualified subcontractors while remaining responsible for the services we undertake to supply. We disclose material offshore processing or access arrangements before handling personal or sensitive data where disclosure, consent or agreement is required. We implement appropriate access controls and confidentiality safeguards.
Each party complies with privacy and data protection duties applicable to it, including the Privacy Act 1988 (Cth) and Western Australian requirements where applicable. For projects involving sensitive data, government information or regulated clients, we agree appropriate handling instructions, locations, retention, security and breach procedures before processing. Our separate Privacy Policy explains our own handling of personal information; these terms do not replace it.
We may use AI-assisted tools for appropriate tasks subject to agreed confidentiality, privacy, licensing and quality requirements. We do not submit confidential information or personal data to a service that may use it for public output or general model training without appropriate authorisation and safeguards. We agree material AI processing arrangements where required and review outputs for the intended use. We do not promise exclusive copyright protection in AI-generated content where the law does not support it.
22 Portfolio publicity and attribution
We may identify you as a client, use your logo or showcase work only with your permission, including any agreed launch date or confidentiality limits. Consent to one use is not blanket permission to disclose your data or confidential information. You may request removal from future promotional use, and we act within a reasonable time.
A website credit or attribution link is included only if agreed. We do not insert promotional credits, tracking or backlinks into your website without permission.
23 Marketing consent and regulatory requirements
For email, SMS and other direct marketing, the responsible parties obtain lawful consent or another legally permitted basis, maintain appropriate records, identify the sender and provide compliant unsubscribe facilities. Purchased or publicly available contact details do not automatically establish permission. Unsubscribe requests are honoured within the legally required period.
Telephone outreach must comply with applicable Do Not Call Register and telemarketing rules. Tracking, cookies, pixels, remarketing and data sharing require appropriate disclosure, consent and platform compliance where applicable. Responsibilities for configuration and notices are stated in the scope. Neither party is relieved of its own legal obligations by client approval.
You obtain professional review of industry-specific advertising claims where needed. We do not knowingly publish false or misleading material. Legal drafting, compliance certification and regulated professional advice are outside scope unless separately and lawfully provided.
24 Cancellation termination and final accounting
Either party may terminate for a material breach after written notice identifying the breach and a reasonable opportunity of at least 14 days to remedy it, where it is capable of remedy. Immediate termination may be appropriate for a serious breach that cannot reasonably be remedied, unlawful instructions or a material security threat. Statutory cancellation rights remain available without these restrictions.
You may cancel project work by written notice. We charge for work properly performed up to cancellation under the agreed fee basis and approved, unavoidable third-party commitments. We take reasonable steps to minimise loss and supply an itemised final account. We do not automatically charge the full unperformed project balance or impose a forfeiture penalty. Any additional agreed cancellation charge must be reasonable, lawful and reflect a legitimate loss rather than duplicate amounts already charged.
Deposits and advance payments are applied to properly payable charges. Any balance is refunded within a reasonable time, ordinarily within 14 days after the final account is determined. If we end an engagement without a client breach, you do not pay for unperformed services or our decision to stop, and your rights concerning our breach remain intact.
Recurring-service cancellation is addressed in clause 8. Rights in paid deliverables, confidentiality, accrued payment obligations and provisions necessary to complete lawful handover continue after termination.
25 Suspension for overdue payment
If an undisputed payment is overdue, we may suspend affected discretionary services after written notice identifying the amount and allowing at least seven days to pay or raise a genuine dispute. Suspension must be proportionate and reasonably necessary to protect our legitimate interests. We consider material operational impacts and provide reasonable opportunity to preserve or export data before suspending hosting where practicable.
We do not delete data, disable paid client-owned assets or revoke rights in paid deliverables as a debt collection tactic. Suspension does not relieve us of legal obligations or justify charging for services we no longer provide, apart from properly incurred approved commitments. We resume suspended services within a reasonable time after the issue is resolved.
26 Handover and records
On completion or termination, we provide the deliverables, access and reasonable cooperation included in the agreement or required by law. Additional packaging, custom exports, editable files, migrations, training or extensive assistance require a separate approved quote where they are outside scope.
Payment before additional work or release may be agreed for genuinely additional services. It is not a basis for withholding existing client-owned materials, paid deliverables, included exports or legally required access because of an unrelated debt. We identify any outstanding deliverable-specific payment conditions accurately.
We agree a reasonable transfer timetable, authorised recipients and secure delivery method. You confirm receipt and preserve your copies. Unless a different retention period is agreed, we give at least 30 days' written notice before deleting project working files or hosted client data no longer needed for an ended service and offer a reasonable export opportunity. Legal retention, privacy, security and evidence-preservation obligations take priority. We do not promise indefinite archival retrieval; residual backup copies are secured and removed through the applicable retention cycle.
27 Consumer guarantees and remedies
Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. Business clients may also have consumer guarantees. Our services must meet applicable requirements concerning due care and skill, fitness for a disclosed purpose and reasonable delivery time.
Where services fail to meet a consumer guarantee, available remedies depend on the nature and seriousness of the failure and may include rectification, cancellation, refund and compensation. Please contact us with the problem so we can investigate and address it. We do not impose a contractual deadline that extinguishes these rights or require you to accept a service credit instead of a remedy the law provides.
Any extra warranty or support period is additional to statutory rights and is separately documented with legally required information. A disclaimer about marketing results, security threats or third-party platforms does not excuse our own breach, negligence or misleading representations.
28 Responsibility and allocation of loss
Each party is responsible for its own breach and wrongful conduct under the agreement and applicable law. Loss is assessed according to the applicable rules of causation, foreseeability, contribution and mitigation. A third-party outage or client action does not automatically exclude our liability where our own conduct contributed to the loss.
No blanket exclusion of negligence, data loss or all consequential loss, and no general liability cap, is imposed by these standard terms. If a particular engagement requires an allocation of risk or financial cap, the parties must expressly agree a clear, proportionate provision appropriate to the project and insurance arrangements. It cannot limit non-excludable statutory liability. These terms do not create an unlimited indemnity for either party.
If a third party raises a rights or data claim involving the engagement, the parties notify each other promptly, preserve relevant records and cooperate reasonably. Neither party admits liability or agrees a settlement binding the other without consent. Each remains responsible to the extent required by the agreement and law.
29 Events beyond reasonable control
A party affected by an event genuinely outside its reasonable control notifies the other promptly, explains the effect and takes reasonable steps to reduce disruption and resume performance. Relief applies only to the extent the event actually prevents performance; it does not excuse a lack of reasonable preparation or precautions.
If disruption continues for more than 30 days and substantially prevents the affected service, either party may end that service without an additional termination penalty. Fees and refunds are reconciled for work performed and approved unavoidable commitments under clause 24. Statutory rights remain unaffected.
30 Complaints disputes and governing law
Please send complaints or disputes to the contact email above with relevant details. We aim to acknowledge them within five business days and provide a substantive response within a reasonable time. The parties first attempt a good-faith resolution through their authorised representatives.
If unresolved, either party may propose mediation in Perth or remotely on agreed terms, with mediator fees shared equally unless otherwise agreed. Mediation is not compulsory before seeking urgent relief, enforcing a statutory right, contacting a regulator or using an available court or tribunal process.
The agreement is governed by the laws of Western Australia and applicable Commonwealth laws. The parties submit to the non-exclusive jurisdiction of Western Australian courts and competent tribunals, without restricting a statutory right to bring proceedings elsewhere.
31 Notices and general provisions
Contract notices may be sent to the nominated business email addresses, or another address notified in writing. A notice is effective when received in a form reasonably capable of being read; an undelivered email is not treated as received. A business day excludes weekends and public holidays in Perth, Western Australia.
The parties are independent contractors. Neither may bind the other beyond expressly authorised agency functions. Neither party may transfer the agreement to another entity without consent, which must not be unreasonably withheld where the transfer does not materially prejudice the other party; statutory rights remain unaffected.
The written agreement records the engagement but does not exclude liability for misleading conduct or statutory protections relating to representations. Failure to exercise a right is not automatically a waiver. If a provision is invalid or unenforceable, it is severed only to the extent legally permitted and the remaining provisions continue where they can operate fairly and lawfully. A general savings clause does not make an otherwise unfair term lawful.
