Terms &
Conditions.

These Terms & Conditions set out the agreement between JayKay Creative Design (“we”, “our”, “us”) and you (“the client”) for services delivered under our Creative Care Plans and Maintenance Care Plans. By subscribing to or using our services, you agree to the terms below.

1. Scope of Services

Our Care Plans provide ongoing creative and technical support as outlined in the plan you select.

Support tickets cover tasks included within your chosen plan.

Major projects such as new website builds or full redesigns must be quoted separately.

Each task or project includes up to two (2) rounds of revisions for complex work and unlimited revisions within the same calendar month, provided they fall within the agreed plan hours.

2. Payments & Billing

Care Plans are billed monthly in advance, on the 1st of each month, with payment due by the 5th.

Overage work (requests outside plan scope or time limits) is billed at AUD $75/hour + GST in hourly blocks and charged with the following month’s subscription.

If payment is more than 45 days overdue, we may suspend or terminate services and pursue recovery of outstanding amounts.

Refunds are not available once services have commenced, except in cases where we fail to deliver work as agreed.

3. Deliverables

We retain ownership of all concepts, code, designs, and strategies until full payment is received.

Once paid in full, ownership of the final deliverables (excluding third-party assets such as fonts, plugins, or stock images) is transferred to you.

Third-party materials remain subject to their original licensing terms. It is the client’s responsibility to maintain licenses and renewals where required.

All client information will be treated as confidential, unless disclosure is required by law.

4. Client Responsibilities

You are responsible for ensuring that any content (text, images, files, videos, etc.) you provide does not infringe third-party rights.

You agree to indemnify and hold JayKay Creative Design harmless against claims or damages arising from unauthorized or unlawful materials.

You are responsible for maintaining your hosting provider account, backups, and security settings, unless otherwise arranged with us.

Updated login credentials and access details must be provided promptly to avoid interruptions in service.

5. Support

Support time is allocated monthly and does not roll over to future months.

Unused time cannot be credited against future invoices.

If your requests exceed the monthly allowance, we may either:

adjust the following month’s support time, or
bill overage hours at the standard hourly rate.

All feedback and change requests must be submitted via email at [email protected]

Clients must provide feedback within 15 days of delivery; otherwise, revisions may roll over to the next month.

6. Security

We take reasonable steps to maintain the functionality and security of your website; however, we are not liable for losses arising from hacking, data breaches, or unauthorized access.

Backups are the responsibility of your hosting provider. In the event of a breach or data loss, we will restore your site using the most recent clean backup available.

We are not responsible for the security of third-party plugins or applications installed without our approval.

7. Restrictions

During the engagement and for 24 months after termination, you may not solicit or employ our staff, contractors, or collaborators without prior written consent.

If breached, liquidated damages of AUD $35,000 (GST exclusive) will apply.

8. Termination of Services

We may suspend or terminate services immediately if:

Payments are overdue beyond 45 days.
You breach these Terms & Conditions.
The project involves unlawful or unethical activities.

Upon termination, unpaid work will not be released.

9. Disputes

Any disputes will first be addressed through good faith negotiation.

If unresolved, disputes will be governed by the laws of New South Wales, Australia.

10. Term Updates

We may update these Terms & Conditions at any time. The most current version will always be published on our website.

Terms & Conditions

These Terms & Conditions set out the agreement between JayKay Creative Design (“we”, “our”, “us”) and you (“the client”) for services delivered under our Creative Care Plans and Maintenance Care Plans. By subscribing to or using our services, you agree to the terms below.

1. Scope of Services

Our Care Plans provide ongoing creative and technical support as outlined in the plan you select.

Support tickets cover tasks included within your chosen plan.

Major projects such as new website builds or full redesigns must be quoted separately.

Each task or project includes up to two (2) rounds of revisions for complex work and unlimited revisions within the same calendar month, provided they fall within the agreed plan hours.

2. Payments & Billing

Care Plans are billed monthly in advance, on the 1st of each month, with payment due by the 5th.

Overage work (requests outside plan scope or time limits) is billed at AUD $75/hour + GST in hourly blocks and charged with the following month’s subscription.

If payment is more than 45 days overdue, we may suspend or terminate services and pursue recovery of outstanding amounts.

Refunds are not available once services have commenced, except in cases where we fail to deliver work as agreed.

3. Intellectual Property & Deliverables

We retain ownership of all concepts, code, designs, and strategies until full payment is received.

Once paid in full, ownership of the final deliverables (excluding third-party assets such as fonts, plugins, or stock images) is transferred to you.

Third-party materials remain subject to their original licensing terms. It is the client’s responsibility to maintain licenses and renewals where required.

All client information will be treated as confidential, unless disclosure is required by law.

4. Client Responsibilities

You are responsible for ensuring that any content (text, images, files, videos, etc.) you provide does not infringe third-party rights.

You agree to indemnify and hold JayKay Creative Design harmless against claims or damages arising from unauthorized or unlawful materials.

You are responsible for maintaining your hosting provider account, backups, and security settings, unless otherwise arranged with us.

Updated login credentials and access details must be provided promptly to avoid interruptions in service.

5. Support & Usage Rules

Support time is allocated monthly and does not roll over to future months.

Unused time cannot be credited against future invoices.

If your requests exceed the monthly allowance, we may either:

adjust the following month’s support time, or
bill overage hours at the standard hourly rate.

All feedback and change requests must be submitted via email at [email protected]

Clients must provide feedback within 15 days of delivery; otherwise, revisions may roll over to the next month.

6. Security, Backups & Liability

We take reasonable steps to maintain the functionality and security of your website; however, we are not liable for losses arising from hacking, data breaches, or unauthorized access.

Backups are the responsibility of your hosting provider. In the event of a breach or data loss, we will restore your site using the most recent clean backup available.

We are not responsible for the security of third-party plugins or applications installed without our approval.

7. Employment Restrictions

During the engagement and for 24 months after termination, you may not solicit or employ our staff, contractors, or collaborators without prior written consent.

If breached, liquidated damages of AUD $35,000 (GST exclusive) will apply.

8. Termination of Services

We may suspend or terminate services immediately if:

Payments are overdue beyond 45 days.
You breach these Terms & Conditions.
The project involves unlawful or unethical activities.

Upon termination, unpaid work will not be released.

9. Disputes & Governing Law

Any disputes will first be addressed through good faith negotiation.

If unresolved, disputes will be governed by the laws of New South Wales, Australia.

10. Amendments

We may update these Terms & Conditions at any time. The most current version will always be published on our website.