Terms of Service

Website Terms and Conditions

Welcome to South Star Designs.

These Terms of Service apply to your use of our website located at www.southstardesigns.com.au and any related services, forms, enquiries, proposals, subscriptions, website care plans or client services provided by South Star Designs.

By using our website, submitting an enquiry, requesting a quote, engaging our services or continuing to access our website, you agree to be bound by these Terms.

If you do not agree with these Terms, you should stop using our website and services.

You can contact us at:

Email: hello@southstardesigns.com
Website: www.southstardesigns.com.au

1. About South Star Designs

South Star Designs provides website design, website rescue, Shopify refresh, AI search readiness, website care plans and related digital services for small businesses.

Our services may include, but are not limited to:

• website design and development;
• one-page websites;
• website redesigns and refreshes;
• Shopify website improvements;
• website rescue and troubleshooting;
• AI search readiness checks;
• hosting, maintenance and website care support;
• website edits and updates;
• basic SEO setup;
• website performance checks;
• integrations with third-party tools; and
• related digital strategy, support and consulting.

The exact services provided to you will depend on the package, proposal, quote, invoice or written agreement accepted by you.

2. Acceptance of these Terms

You accept these Terms by:

(a) using or browsing our website;
(b) submitting a form or enquiry;
(c) requesting a quote or proposal;
(d) accepting a quote, proposal or invoice;
(e) paying a deposit, setup fee, subscription or invoice; or
(f) continuing to use our services.

If you are using our website or services on behalf of a business, you confirm that you have authority to accept these Terms on behalf of that business.

3. Changes to these Terms

South Star Designs may review and update these Terms from time to time.

Any updated Terms will take effect from the date they are published on our website, unless otherwise stated.

We recommend checking this page periodically to ensure you are aware of the current Terms.

4. Your obligations

When using our website or services, you agree that you will:

(a) provide accurate, current and complete information;
(b) respond to reasonable requests for content, feedback, approvals or access within a reasonable timeframe;
(c) provide any images, copy, logos, branding, login details or other materials needed for your project;
(d) ensure you have the legal right to use any content, images, logos, trademarks, videos, fonts or materials supplied to us;
(e) not use our website or services for unlawful, misleading, harmful or unauthorised purposes;
(f) not attempt to interfere with the security or operation of our website;
(g) not copy, scrape, reproduce or commercially exploit our website content without permission; and
(h) comply with all applicable laws, regulations and industry requirements relevant to your business.

You are responsible for the accuracy, legality and compliance of the content you provide to us for use on your website or project.

5. Quotes, proposals and project scope

Any quote or proposal provided by South Star Designs is based on the information available at the time.

A quote or proposal may include details such as:

• project inclusions;
• number of pages or sections;
• design requirements;
• functionality;
• timeline;
• setup fees;
• monthly fees;
• third-party costs;
• revisions;
• payment terms; and
• exclusions.

Unless otherwise stated, quotes are valid for 14 days from the date of issue.

Any work outside the agreed scope may require an additional quote or additional charges.

Examples of out-of-scope work may include:

• additional pages or sections;
• new design concepts;
• major layout changes after approval;
• advanced integrations;
• copywriting beyond the agreed scope;
• additional revisions;
• ecommerce setup beyond the agreed package;
• booking system setup;
• custom code;
• SEO campaigns;
• brand strategy;
• logo design;
• photography or videography;
• paid advertising; or
• third-party platform troubleshooting not caused by South Star Designs.

6. Payments

Payments may be made using payment methods made available by South Star Designs, including Stripe, direct debit, bank transfer or another approved payment provider.

By making a payment, you warrant that you are authorised to use the payment method provided and that you agree to any applicable third-party payment provider terms.

Unless otherwise agreed in writing:

(a) a deposit or setup fee may be required before work begins;
(b) final payment may be required before a website is published, transferred or made live;
(c) monthly website care, hosting or subscription fees are payable in advance;
(d) overdue invoices may result in work being paused; and
(e) any third-party fees, software charges, domain costs, plugin costs, app fees or platform fees are the client’s responsibility unless expressly included in writing.

All prices are listed in Australian dollars unless stated otherwise.

7. Deposits, setup fees and subscriptions

Some South Star Designs services may include a one-off setup fee, deposit and/or ongoing monthly subscription.

Where a project requires a deposit, the deposit secures your place in our schedule and allows us to begin work.

Where a website care plan or subscription applies, your ongoing monthly fee may cover items such as hosting, security, maintenance, backups, website support, platform access or agreed edits, depending on the plan you have selected.

Your plan inclusions will be confirmed in your quote, proposal, invoice, onboarding document or written agreement.

8. Website care plans and monthly edits

If your plan includes monthly edits, these edits are subject to the limits of your chosen package.

Monthly edits may include reasonable content updates, image swaps, text changes or minor layout adjustments.

Unless otherwise agreed, monthly edits do not include:

• complete redesigns;
• new pages;
• advanced custom coding;
• new integrations;
• ecommerce restructuring;
• SEO campaigns;
• copywriting;
• blog writing;
• graphic design;
• photography;
• videography;
• complex troubleshooting caused by third-party tools; or
• work outside the reasonable limits of the selected plan.

Unused monthly edits do not roll over unless agreed in writing.

South Star Designs may determine whether a requested change is a standard edit or additional paid work.

9. Late payments and suspension

Invoices must be paid by the due date shown on the invoice.

If payment is overdue, South Star Designs may:

(a) pause current work;
(b) withhold delivery, publishing, transfer or access;
(c) suspend website care services;
(d) suspend website hosting or support where applicable;
(e) charge reasonable recovery or administrative costs; and
(f) terminate the service if the account remains unpaid.

Where hosting or website care is provided by South Star Designs, failure to pay ongoing fees may result in the website being temporarily suspended or taken offline until payment is received.

10. Refunds and cancellations

Refunds are handled in accordance with Australian Consumer Law and the terms agreed for your specific service.

Unless otherwise required by law or agreed in writing:

(a) deposits and setup fees are non-refundable once work has commenced;
(b) completed work is non-refundable;
(c) monthly subscription fees are non-refundable once the billing period has started;
(d) change-of-mind refunds are not provided once work has commenced; and
(e) third-party costs, software fees, domain fees, app fees or platform fees are non-refundable.

If South Star Designs is unable to continue providing a paid service, we may offer a refund, partial refund, credit or alternative resolution at our discretion, subject to applicable law.

Nothing in these Terms limits your rights under Australian Consumer Law.

11. Project timelines and delays

We will use reasonable efforts to complete work within the estimated timeframe provided.

However, project timelines may be affected by factors outside our control, including:

• delayed client feedback;
• delayed content, images or login details;
• changes to project scope;
• third-party platform issues;
• payment delays;
• additional revision requests;
• technical issues;
• illness, emergencies or events outside our reasonable control.

South Star Designs is not responsible for delays caused by the client, third-party platforms, service providers or circumstances outside our control.

12. Client content and approvals

You are responsible for providing all required website content unless copywriting or content creation is included in your package.

This may include:

• business information;
• service descriptions;
• pricing;
• team information;
• images;
• videos;
• logos;
• testimonials;
• terms, policies and legal content;
• product information;
• contact details; and
• any compliance information specific to your industry.

You are responsible for reviewing and approving all content before your website is published.

Once you approve a website, page, section, design or piece of work, additional changes may be treated as new work or counted toward your monthly edits if applicable.

13. Third-party platforms and services

Our services may involve third-party platforms, tools or providers.

These may include, but are not limited to:

• Duda;
• Shopify;
• Squarespace;
• domain registrars;
• hosting providers;
• Stripe;
• Google services;
• Meta platforms;
• email platforms;
• booking tools;
• CRM systems;
• analytics tools;
• plugins;
• apps; and
• other software providers.

You acknowledge that third-party platforms are governed by their own terms, pricing, policies, limitations and availability.

South Star Designs is not responsible for outages, errors, pricing changes, policy changes, loss of functionality or service interruptions caused by third-party providers.

Where third-party accounts are required, you may be responsible for creating, managing and paying for those accounts unless otherwise agreed.

14. Domains, hosting and website access

Where South Star Designs assists with domain connection, DNS, hosting or website publishing, you remain responsible for maintaining ownership and control of your domain name unless otherwise agreed.

You are responsible for ensuring domain renewals, email hosting, DNS records and third-party account access remain active and accurate.

If you cancel services with South Star Designs, it is your responsibility to arrange alternative hosting, platform access, domain management or website support if required.

Where a website is built on a subscription, hosted platform or managed care arrangement, transfer, export or buyout options may be subject to the terms agreed in your proposal, invoice or written agreement.

15. Intellectual property

Unless otherwise agreed in writing, South Star Designs retains ownership of:

• its design systems;
• processes;
• templates;
• code snippets;
• custom methods;
• workflows;
• strategy documents;
• internal tools;
• draft concepts not selected or paid for;
• reusable assets; and
• pre-existing intellectual property.

Once all outstanding invoices are paid, you will receive the agreed rights to use the final website design, content and deliverables created specifically for your project.

You do not receive ownership of third-party software, third-party platforms, licensed fonts, stock assets, plugins, apps or tools unless those rights are separately granted by the relevant provider.

You must not copy, reproduce, resell, distribute or commercially exploit South Star Designs’ website, templates, designs, systems, copy or materials without prior written permission.

16. Website credit and portfolio use

Unless otherwise agreed in writing, you agree that South Star Designs may:

(a) include a discreet website credit or footer link on websites we design or build;
(b) display your project in our portfolio;
(c) refer to your business name and website in case studies, social posts or marketing material; and
(d) use screenshots, mockups or results from the project to promote our services.

If you would prefer that your project not be used in our portfolio or marketing, please contact us in writing.

17. SEO, AI search and performance disclaimer

South Star Designs may provide basic SEO setup, AI search readiness support, website structure improvements, performance checks or related recommendations.

However, we do not guarantee:

• first-page rankings;
• specific Google rankings;
• AI search visibility;
• search engine indexing;
• traffic increases;
• sales increases;
• enquiry volume;
• conversion rates;
• website speed scores;
• uninterrupted website performance; or
• specific commercial outcomes.

Search engines, AI search tools, social platforms, advertising platforms and third-party algorithms are outside our control.

Any recommendations are provided to improve the quality, structure and usability of your website, but results may vary.

18. Website content and legal compliance

South Star Designs may assist with drafting, editing or structuring website copy, policies, disclaimers or service content.

However, we are not a law firm and do not provide legal advice.

You are responsible for ensuring your website, business claims, terms, privacy policy, disclaimers, pricing, advertising, testimonials, health claims, product claims and industry-specific requirements comply with applicable laws and regulations.

You should seek independent legal, financial or professional advice where required.

19. Privacy

South Star Designs takes privacy seriously.

Any personal information collected through our website or services is handled in accordance with our Privacy Policy, which is available on our website.

20. General disclaimer

To the maximum extent permitted by law, our website and services are provided on an “as is” and “as available” basis.

We make no guarantee that:

• (a) our website will be uninterrupted, secure or error-free;
  (b) all information on our website will be complete, accurate or current at all times;
  (c) defects will be corrected immediately;
  (d) our services will meet every individual expectation; or
  (e) any website, design, SEO, AI search, performance or marketing outcome will achieve a specific result.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot be excluded under Australian Consumer Law.

21. Limitation of liability

To the maximum extent permitted by law, South Star Designs will not be liable for any indirect, incidental, special or consequential loss or damage, including but not limited to:

• loss of profit;
• loss of revenue;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of data;
• website downtime;
• reputational damage;
• third-party platform issues; or
• loss arising from reliance on website content or service recommendations.

Where liability cannot be excluded, our liability is limited, to the extent permitted by law, to one or more of the following:

(a) resupplying the services;
(b) paying the cost of resupplying the services; or
(c) refunding the amount paid for the affected service.

22. Competitors

If you provide similar services to South Star Designs for commercial gain, you are considered a competitor.

Competitors must not access, copy, reproduce, adapt, scrape or use our website content, service structure, pricing, copy, designs, systems, resources or materials for commercial purposes without our written permission.

If you breach this clause, we reserve the right to take appropriate action.

23. Termination

These Terms continue to apply until terminated by either you or South Star Designs.

You may terminate ongoing services by providing written notice in accordance with the cancellation terms of your package, proposal, invoice or written agreement.

South Star Designs may suspend or terminate services if:

(a) you breach these Terms;
(b) payment is overdue;
(c) you fail to provide required information, access or approvals;
(d) your conduct is abusive, unlawful, misleading or harmful;
(e) continuing the service is no longer commercially viable;
(f) a third-party platform prevents us from continuing the service; or
(g) we are required to do so by law.

Termination does not affect any rights or obligations that arose before termination, including payment obligations.

24. Indemnity

You agree to indemnify South Star Designs, its contractors, service providers and representatives from and against any claims, losses, damages, liabilities, costs or expenses arising from:

(a) content, materials or information you provide to us;
(b) your breach of these Terms;
(c) your breach of any law or regulation;
(d) your misuse of our website or services;
(e) your infringement of another person’s intellectual property rights; or
(f) claims made against your website, business, products, services, advertising or content.

25. Dispute resolution

If a dispute arises in relation to these Terms or our services, either party must first provide written notice to the other party outlining:

(a) the nature of the dispute;
(b) the desired outcome; and
(c) the action requested to resolve the dispute.

The parties agree to attempt to resolve the dispute in good faith through negotiation.

If the dispute cannot be resolved within 28 days of written notice, the parties may agree to mediation before commencing court proceedings, except where urgent relief is required.

Any mediation will be held on the Sunshine Coast, Queensland, Australia, unless otherwise agreed.

Each party will bear its own costs of dispute resolution unless otherwise agreed or ordered.

26. Governing law

These Terms are governed by the laws of Queensland, Australia.

Any dispute, proceeding or claim arising out of or in connection with these Terms or the services provided by South Star Designs will be subject to the courts of Queensland, Australia.

27. Severance

If any part of these Terms is found to be invalid, void or unenforceable, that part will be severed and the remaining Terms will continue in full force and effect.

28. Contact

If you have any questions about these Terms, please contact:

South Star Designs
Email: hello@southstardesigns.com
Website: www.southstardesigns.com.au