Terms & Conditions

The Ts & Cs

Please read through our Terms and Conditions. We ask that you do not use our website or service until you have familiarised yourself with them. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say “We”, “Brief Digital”, “us”, “our” and “our service” we are referring to Brief Digital and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. 

These Terms and Conditions can change at any time. It is important that you check back here regularly. Your continued use of this website and our service implies acceptance of any subsequent revisions.Brief Digitals liability is limited to the amount paid by the customer to Brief Digital for work undertaken.

Payment and Fees

Payment in terms of website starter packages occurs upfront and in full so we can maintain our competitive high value pricing structure and our Money Back Guarantee.
Payment is taken online using PayPal or Stripe which are both secure and recognised payment gateways.

We do not take cheque, or cash payments.

Refund Policy & Money Back Guarantee

Brief Digital reserves the right to negotiate and refund an appropriate portion of the amount paid by customer towards the requested service. If you cancel your order within 24 hours of making the payment, and the work has not commenced, we will refund 100% of the payment that you have already made. If the order is cancelled after the 24 hour period or work had already commenced within the 24 hour period, the maximum refund will be 50% of the invoice. Cancelling the work before the deadline does not apply or come under the terms of our Money Back Guarantee.

Brief Digitals Money Back Guarantee is only applicable 30 days after the initial deadline. Outside of this date no guarantee is applicable. Should the deadline be extended by Brief Digital due to unforeseen circumstances, no extra charges will be made and the 30 day guarantee applies to the new date of delivery. Should the deadline change per customer request, charges for extending the work will be applied and the 30 day guarantee applies to the new date of delivery.

Adherent to our Money Back Guarantee we reserve the right to try and absolve any issues put forward by the customer before a refund is granted. If a happy medium cannot be found we will refund 100% of the original invoice applicable to starter packages only. Brief Digitals money back guarantee does not apply to additional services outside of the starter packages. Everything pertaining to the original package deal will be removed, cancelled or erased. Any intellectual property the customer owned before engaging Brief Digital will be returned.

All cancellations must be received in writing and can be sent via regular mail, or email. Telephone requests on cancellations will not be accepted.

Ongoing Costs

We charge hosting, maintenance and email costs. These are by default charged monthly on the 1st of every month. We also offer 6 or 12 month advance payment options if these are more suitable. Please contact us if you would like to make these changes.

Your monthly fees are due as soon asa starter package is paid for unless specific hosting or maintenance deals apply. If such deals apply these costs are enacted once the offer term has ceased. We bill in advance of the coming month. If you cancel during this month you will not be charged for the following month but it is your responsibility to move any necessary collateral by the end of month.

Payment is only accepted by a direct debit from a nominated bank account or from a credit card kept on file. We do not accept cheques, direct deposits or cash for ongoing payments.

Hosting

We offer premium Australian based hosting services at very reasonable prices “Please refer to Hosting FAQs”. You do not have to host with us when engaging our services. If you choose to host elsewhere however, we cannot help you with host related support questions, and are not liable for website load speed, website security, backups, downtime, updates, or anything else pertaining to your hosting service. 

We typically recommend hosting with us so we have the capacity to help you with anything hosting related and quick turnaround times.

We make efforts to ensure that all of our services are online 24×7 every day of the year and we guarantee 99% uptime. However, there are times when our services may go down – sometimes for things that we can’t control and others that we can. If our services go offline we will do our best to get them online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. If you have specific hosting needs, or expect a large volume of users to visit your website in a short space of time, e.g. viral marketing campaigns, mass media exposure etc then please contact us well in advance.

Backups

If you do not opt in for our Hosting Maintenance service you are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Non-Payment

If the monthly payment for your website or any other services provided by Brief Digital becomes overdue by more than 30 days we will put your account on hold until all outstanding fees are collected. This will include any email addresses provided. 

We will charge a reinstatement fee of one month’s fees ex GST in additional to all outstanding fees.

If the monthly payment for your website becomes overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Cancellation of Services and Ongoing Cost Refund Policy

If you are not happy with your website or wish to put your site on hold for longer than one month then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by Brief Digital. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month. If you use several of our services (such as email hosting or domain registration), you must state which services you want cancelled. Requests to cancel an account must be in written format, stating the date you wish your service/s to cease. Once we receive your request we will reply with a written confirmation of cancellation.

If you choose to commence website services with another provider, you must inform us if our services are no longer required by you. There is no automated way for Brief Digital to know that you are no longer requiring our services. If you fail to inform us, we cannot refund for past months’ fees.

We will store a copy of your website for 6 months from the date of cancellation, after which we will delete all files related to your website. We will not inform you once we delete all files following 6 months. If you would like us to store a copy of your website beyond 6 months we charge a small storage fee of $10 ex GST per month.

We will charge a re-activation fee if you choose to come back to us in the future.

Starter Package Inclusions

Starter package inclusions are applicable and deliverable within the 6 week timeframe up to the final 48 hours. Inclusions are not transferable outside of this timeframe and do not roll over. i.e. If a Super Starter is purchased (up to 20 pages) and the client only chooses to create 17 pages. The extra three pages may be delivered within the 6 weeks but do not roll over once the timeframe has been completed. If extra work is required it will be charged accordingly.

E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Brief Digital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from you or your clients’ use of Internet electronic commerce.

Revisions & Feedback

We’re proud to offer unlimited revisions for starter packages within the timeframe chosen. There is no minimum or maximum amount. Typically the speed of which we can offer revisions is dependent on your response time. Feedback for revisions cannot be given 48 hours before the due date and information required to start the first website draft must be returned by halfway through the deadline. i.e. our standard deadline is 6 weeks so by the 3rd week. Initial content may be supplied up to the end of the 4th week but if the client chooses to do this we cannot guarantee revision time. If the client provides content past the end of the 4th week we reserve the right to reevaluate the deadline and charge for extra time allocated as required. Brief Digital will notify you 1 week before final date completion. Outside of the original package, changes will be charged in accordance with our support rates. 

Copywriting Revisions

Copywriting is subject to 1 round of revisions. When purchasing copy it can be written from scratch or you may supply us with copy that we will rewrite up the word count. We do require information about your business before writing copy from scratch.

Deadlines

We set a 6 week deadline for all our Starter Packages unless you choose our Super Speedy 2 Week Deal. Anytime within this timeframe can be chosen and is specified by you in the document sent after purchase. 

Brief Digital is 100% committed to hitting your deadline and our ability to do so is why we can set such fantastic prices. BUT, we can’t do it without you and it also relies on your commitment and cooperation. You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.

We cannot be responsible for waiting for information, text, images, and lack of communication. If the deadline rolls past and package inclusions have not been delivered because we haven’t received information required to finish, we cannot be held liable.

Website completion is based on starter package inclusions and not additional services.

If a deadline is missed due to not receiving the required information from the client. Brief Digital keeps any payments made up to that point, the 30 Day Money Back Guarantee is voided and all work is ceased. If the client would like to continue work a $500 re-activation fee is charged and work is charged hourly ($100/hour) until completion.

If the client should request a longer time frame before the deadline but work has already begun, amendments to the deadline can be changed at a rate of $100 for each day outside of the initial timeline. This rate is applicable to increases in the deliverance date and is not applicable to work outside of the original agreement. An opportunity to extend the timeframe at a discounted rate is given before checkout.

Add On Deadlines

Copywriting and E-Commerce will be completed alongside the starter packages 6 week deadline. If the Super Speedy Deal has been purchased, Copywriting and E-Commerce will still hold a 6 week deadline as the Super Speedy Deal is only applicable to Starter packages.

The Advanced SEO Package holds a separate deadline of 8 weeks to ensure quality control. i.e. an extra two weeks past the initial 6 week deadline. Upon the end of the 6th week your website will be completed up to the starter package inclusions. The Advanced SEO Package will be delivered upon the 8th week. We will make every effort to complete the Advanced SEO Package in conjunction with the starter package deadline but we do not guarantee deliverance on that date.

Intellectual Property

The system that runs your website remains the property of Brief Digital at all times. The coding, programming and intellectual property that creates your website is owned by Brief Digital. In proceeding and paying in whole for a website project with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Brief Digital. If a general refund or Money Back Guarantee is requested all content created by Brief Digital is to be returned to us and will be appropriately erased, removed, or cancelled.

Warranty By You As To Ownership Of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Search Engines

We do not guarantee any specific position in search engine results from starter package purchases for your website. We perform basic search engine optimisation according to current best practice. This is not pertaining to SEO packages where ranking on certain pages or positions is the paid-for service. Specific metrics are discussed upon purchasing this service to ascertain goals, set appropriate timelines, and measure its success.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

Pricing

We reserve the right to adjust our prices at any time. Before doing so, 1 months notice will be given to you. Using our services implies acceptance of the new pricing.

Promotional Material

Brief Digital reserves the right to use client websites, web designs, layouts, prototypes, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

Additional Support & Task Rates

If hosting maintenance is purchased the following is included:

  • General Support pertaining to Hosting
  • Help configuring and transferring Domain Names
  • Billing enquiries
  • Bug reports and fixes to our hosting service.
  • Backups & Restoration Support

The following attracts an hourly support fee of between $100ex GST in 60 minute increments

  • General Support outside of Hosting maintenance
  • Face to face support
  • Content changes
  • Design changes ($180 ex GST/hour)
  • Developer time ($180 ex GST/hour)
  • All application training and support (i.e. Photoshop, flash etc)
  • All customer computer hardware issues that we can help with (this is outside of our expertise so is not a guaranteed service).
  • Time spent investigating a reported issue for which Brief Digital is not responsible
  • Copywriting support ($150 ex GST/hour)

Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed. We will invoice you for the completed work which will be payable within 7 days.

Non-Payment of Support & Task Rates

If task fees become overdue by more than 30 days we will put your website account on hold until all outstanding fees are collected. This will include any email addresses we provide.

If task fees become overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Privacy

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Fair Use

We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Brief Digital customer then we reserve the right to terminate your account – effective immediately.

Our Website

You may display our website on an internet access device, and occasionally, and only in circumstances that constitute “fair use” under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Brief Digital.

More Than
Just
The Bread.

Copyright Brief Digital 2019.