Terms and Conditions – BrandAntics Pty Ltd

ABN: 30 231 896 107
Mailing Address: PO Box 78, Engadine, NSW, 2233

1. Provision of Services

1.1 BrandAntics Pty Ltd (“BrandAntics”) agrees to provide services as outlined in your confirmed Purchase Order or initial briefing. Only those services specified will be delivered. Any changes, additions, or schedule adjustments must be agreed to in writing.

1.2 These Terms and Conditions, together with the Purchase Order and Fee Schedule, form the complete agreement between BrandAntics and the Client.

2. Costs and Payments

2.1 All charges are payable as per the Purchase Order. Quoted prices are subject to change and are only valid for 30 days.

2.2 You remain liable for all fees, even if services are paused or suspended due to your non-compliance with these terms.

2.3 Invoices will be issued according to the agreed schedule. Final deliverables (e.g. artwork, files, site uploads) will only be provided once all invoices are paid in full.

2.4 Overdue payments attract interest of 5% per week plus administration fees. All intellectual property remains with BrandAntics until payment is complete. Debts referred to a recovery agency will incur additional fees (currently set at 20%), payable by you.

2.5 Payments must be made in full without deduction, counterclaim or offset unless agreed in writing.

2.6 BrandAntics reserves the right to prioritise early-paying clients and apply urgency fees for fast turnarounds (within 3 working days).

2.7 Pricing is based on the timely supply of all required content or data within 10 working days of order confirmation. Delays may result in revised costs at current rates.

2.8 Final files will not be released until all amounts owing are settled. For cheque payments, clearance is required before file delivery. Delivery includes transfer of digital artwork via email, upload or disk. Working files remain the property of BrandAntics unless otherwise agreed.

2.9 Liaison with printers or ISPs is charged at current hourly rates.

3. Limitation of Liability

3.1 BrandAntics disclaims all implied warranties and is not liable for any loss or damage (including consequential losses) arising from the provision of services, unless explicitly stated in this agreement.

3.2 Where laws imply terms that cannot be excluded, BrandAntics’ liability is limited to re-performing the services or covering the cost of re-performance, as allowed by law.

3.3 While we aim for the highest quality, websites may contain minor errors. These do not constitute grounds for contract termination.

3.4 We cannot guarantee uninterrupted, error-free performance of any web-based service or page and are not liable for any loss of profit or other damages resulting from issues with the website.

4. Suspension of Services

4.1 Services may be suspended if the Client fails to meet obligations under this agreement. Overdue payments may result in temporary website deactivation.

4.2 BrandAntics may suspend services without liability if delays are caused by events beyond its control.

5. Termination

5.1 Services may be permanently withdrawn if payment remains overdue for more than 14 days. In such cases, the Client remains responsible for the total agreed costs, including disbursements, unless otherwise agreed.

6. Content & Client Responsibilities

6.1 The Client is solely responsible for all content supplied. Proofreading is not included unless specified.

6.2 The Client must ensure the website meets functional and content requirements.

6.3 The Client warrants that all materials supplied (text, images, data, etc.) do not infringe third-party rights, and indemnifies BrandAntics against claims.

6.4 The Client agrees not to submit material that is defamatory, obscene, or infringing. BrandAntics will not knowingly breach third-party rights on your behalf.

6.5 The Client is solely responsible for interactions with website users and shall not redirect complaints or disputes to BrandAntics.

7. Technical Support and Maintenance

7.1 Basic support via email or phone is included. Time-consuming support or ongoing maintenance is billed at standard hourly rates.

8. Web Hosting

8.1 If hosting is arranged externally, BrandAntics will deliver or upload exported files per the Fee Schedule. Construction files can be provided upon request, subject to additional fees.

8.2 BrandAntics is not responsible for outages, delays or data loss resulting from third-party hosting providers.

9. Dispute Resolution

9.1 Both parties agree to resolve disputes in good faith before considering legal action.

9.2 The following steps will apply:

• a) The complaint must be submitted in writing, outlining the issue and proposed resolution.

• b) A written response must be provided within 10 business days.

• c) If unresolved, the matter may be referred to an ADR provider or professional adviser.

• d) If still unresolved, the issue shall be referred to an agreed arbitrator.

• e) If no agreement is reached on an arbitrator, each party nominates one, and a coin toss determines the appointee.

• f) Both parties share dispute resolution costs equally and must act promptly.

10. Intellectual Property

10.1 Working and creation files remain the property of BrandAntics unless agreed otherwise.

10.2 BrandAntics retains copyright and reserves the right to showcase the work for promotional purposes.

10.3 BrandAntics may reuse non-confidential knowledge and techniques gained during a project, unless otherwise agreed.

10.4 BrandAntics adheres to Australian Privacy Laws and respects the handling of personal data.

11. General

11.1 If any part of these terms is deemed unenforceable, the remainder still applies.

11.2 Written communication may include letters, emails, faxes, or formal documents.

11.3 BrandAntics may request a personal guarantee from company directors if files or deliverables are requested prior to payment.