These Terms of Service ("Terms") govern your use of the Blueland Studio website (bluelandstudio.com.au) and the services we provide. By visiting our website, paying for our services, or engaging us in any capacity, you agree to these Terms.
1. About us
Blueland Studio is a sole-trader practice based in Mildura, Victoria, Australia. ABN 21 855 295 465. We design, build, host and maintain custom marketing websites for Australian small businesses.
2. Our services
We offer two complementary services:
- Setup: a one-time engagement to design, build and launch a custom marketing website (up to 7 pages, with hosting, domain, SSL, business email, SEO setup, Google Business Profile, legal pages, analytics and a handover walkthrough).
- Monthly Maintenance: an ongoing service that includes hosting, domain and SSL renewals, 24/7 uptime monitoring, weekly backups, spam filtering, two (2) hours of monthly changes, a monthly performance report, and 1–2 business day support response.
Out-of-scope work (new pages, new features, redesigns and integrations) is quoted separately at AUD $80 per hour with a written estimate before work commences.
3. Pricing and payment
All fees are stated in Australian Dollars (AUD) and are exclusive of GST. Blueland Studio is not currently registered for GST (we are under the AUD $75,000 turnover threshold); no GST is payable. We will give written notice if this changes.
Standard pricing is AUD $1,500 setup + AUD $149 per month. Introductory pricing of AUD $750 setup + AUD $99 per month is available to the first ten (10) clients at our discretion. Payment is by Stripe (card or BECS direct debit), bank transfer, or via PandaDoc-integrated payment.
4. The Services Agreement
Before we commence project work for a Setup engagement, we will send you our Website Services Agreement via PandaDoc for electronic signature. The Services Agreement is the binding contract that defines the full scope, deliverables, service levels, intellectual property and termination terms of our engagement. These Terms are a public summary; in the event of any inconsistency, the signed Services Agreement prevails.
5. Cancellations and refunds
Refunds and cancellations are governed by our Refund & Cancellation Policy. In summary: the Setup Fee is refundable in full if requested before work commences (and within seven (7) days of payment); after work has commenced it is non-refundable. The Monthly Maintenance Plan is month-to-month with no minimum commitment, cancellable at any time with thirty (30) days' written notice.
6. Intellectual property
On full payment of the Setup Fee, you own the final website code and content (excluding any third-party libraries or open-source components, which are licensed to you under their original licences). The domain is registered in your business name, and all credentials are handed over at launch. We retain the right to display screenshots of your site in our portfolio unless you ask us not to.
7. Acceptable use
You agree not to use our services for any unlawful purpose, including: distributing malware, infringing on third-party intellectual property, sending spam, hosting illegal content, or any activity prohibited under Australian law. We reserve the right to suspend services for material breach, after giving you reasonable written notice and opportunity to cure.
8. Service availability
We target 99.5% monthly uptime for hosted sites. We are not liable for downtime caused by third-party providers (hosting, domain registrars, email relays), DDoS attacks, force majeure, or scheduled maintenance announced at least twenty-four (24) hours in advance.
9. Limitation of liability
To the maximum extent permitted by law, our total aggregate liability under or in connection with these Terms is limited to the amount paid by you to Blueland Studio in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, consequential, incidental or special damages, lost profits, lost revenue, loss of data, or loss of goodwill.
Australian Consumer Law: nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law or any other legislation that cannot be excluded by contract.
10. Privacy
How we collect, store, use and disclose your personal information is set out in our Privacy Policy.
11. Changes to these Terms
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Material changes affecting active client engagements will be communicated in writing at least thirty (30) days before they take effect.
12. Governing law
These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria for any dispute arising out of or in connection with these Terms.