If you have any questions about our terms and conditions don't hesitate to contact us.
Last updated: 1 September 2026
These Terms and Conditions (“Terms”) apply to all services provided by Mindesigns (ABN 19 659 546 077) (“Mindesigns”, “we”, “us” or “our”) to the client (“you” or “the client”). By accepting a quote, paying a deposit or engaging our services, you agree to be bound by these Terms.
1.1 Estimates & Quotes. All estimates and quotes are based on our understanding of your requirements and timeframe at the time of quoting. Any changes to functionality, including micro-improvements, may incur additional costs. Please clarify all requirements with us (for example, in an online meeting) before accepting a quote.
1.2 Acceptance of Quote. By accepting a quote, you agree to these Terms. Acceptance may be given by email confirmation, payment of a deposit or initiation fee, or by signing the quote.
1.3 Task Complexity & Costing. Any complexity relating to specific tasks must be advised in advance so it can be included in the proposal for costing purposes. We rely on you to disclose the full picture at the time of quotation. Discrepancies arising from unclear or incomplete requirements may incur additional costs.
1.4 Client Responsibility. You are responsible for ensuring that all requirements are captured in the quote, proposal or estimate, and that we fully understand your needs. If details are not provided, we will proceed based on our documented understanding, and any discrepancies identified later may lead to additional costs.
1.5 Allocated Hours. Each task includes a limited allocation of hours, including project management and digital strategy/business analysis. Minor changes may be accommodated within the allocated hours; significant changes may incur additional fees.
1.6 Client Delays. Delays on your end (for example, in providing content, feedback or approvals) may delay the project and extend proposed timeframes.
1.7 Design Review. We allow one design review per website page. Any rework or changes requested after design approval will incur additional charges.
1.8 Modifications. Modifications requested during development or after go-live approval will incur additional charges. All work beyond the agreed estimate is charged separately.
1.9 Content Delivery. All website/application content and related materials must be provided within the first two weeks of the project commencing. Delays beyond this may delay the project.
1.10 Scope Freeze After Approval. Once the project scope and design are approved, no further changes will be accepted without a formal change request and a revised quote.
1.11 Milestone-Based Approach. Projects are broken into milestones, and your approval is required before we move to the next phase.
1.12 Accuracy of Materials Provided. All content, images and information you provide must be accurate and free from copyright or other intellectual property issues. Mindesigns is not liable for legal claims resulting from client-provided materials, and you indemnify us against any such claims.
1.13 Time-Sensitive Feedback. You must provide feedback within 3–5 business days of receiving deliverables. Delayed feedback may push timelines back accordingly.
2.1 Third-Party Components. Some of our packages rely on third-party providers. Changes to a provider’s rules, pricing or policies may affect our services or these Terms.
2.2 Open-Source Products. Mindesigns does not take responsibility for open-source products (for example, WordPress or Joomla), including their bugs, vulnerabilities or updates. Regular backups are strongly recommended.
2.3 Third-Party Integration Delays. Unforeseen circumstances, particularly with third-party software integrations, may delay development. We will make every reasonable effort to complete the project as agreed, and genuine third-party delays are not grounds for penalty against Mindesigns.
2.4 Third-Party Costs Excluded. Mindesigns is not responsible for the limitations of third-party components. Costs for third-party components (such as SSL certificates, payment gateways, premium plugins and stock assets) are not included in quotes unless expressly stated.
2.5 Template Issues. Mindesigns does not take responsibility for issues inherent in purchased website templates, such as bugs or errors from the template author. We recommend thorough research before purchasing a template.
2.6 Website Security. Unless otherwise agreed in writing, the service fee includes only the configuration of WordFence for basic security. It does not include cybersecurity services such as penetration testing, advanced threat detection or any measures beyond WordFence setup. Additional security services require a separate agreement and pricing.
2.7 Subscription Responsibilities. You are responsible for the renewal and management of any third-party subscriptions (plugins, SaaS tools, licences, etc.) unless otherwise agreed in writing.
2.8 API & Integration Limitations. We cannot guarantee uninterrupted service from third-party APIs. Updates or changes to third-party APIs may require additional development at an extra cost.
2.9 Licensing Compliance. You are responsible for maintaining valid licences for any third-party software used in your project.
3.1 Domain Charges. Domain registration and renewal charges are not included unless expressly stated. A separate quote will be provided if required.
3.2 Hosting Charges. Hosting charges are not included unless expressly stated. Mindesigns can arrange hosting solutions if required, under a separate quote.
3.3 Migration Fees. If you choose to move your website to another hosting provider, migration assistance is available for an additional fee.
3.4 Uptime & Hosting Performance. Mindesigns is not responsible for downtime, performance issues or security breaches caused by third-party hosting providers.
4.1 Communication Channels. Project communication is conducted primarily via email. You are responsible for providing and maintaining up-to-date contact details.
4.2 Project Termination. If you terminate a project for reasons not attributable to Mindesigns, we will be compensated for all work hours invested up to the date of termination. (This clause does not apply to ongoing digital marketing support, which is governed by its own billing cycle.)
4.3 Project Hold. If required information or feedback is not provided within 2–4 weeks, the project may be placed on hold. Further delays may incur an ongoing monthly holding fee of 10% of the project cost.
4.4 Single Point of Contact. You will nominate one main point of contact for approvals and feedback to avoid conflicting instructions.
4.5 Business Hours. We respond to communications during standard business hours (Monday–Friday, excluding Queensland public holidays).
4.6 Urgent Requests. Urgent requests outside standard business hours will be billed at a higher hourly rate, agreed with you before work commences.
5.1 Fee Proposal Validity. Fee proposals are valid for 30 days from the date of submission.
5.2 Paid Consultations. Pre-paid and booked consultations are non-refundable, except as required by law.
5.3 Deposit Validity. Deposits are valid for 12 months from receipt. If the project has not commenced within this period — including where communication from the client has ceased for 12 months or more — the deposit is forfeited, unless a written extension has been requested and approved.
5.4 Instalment Payments. Larger projects may require staged payments tied to milestones, as set out in the fee proposal.
5.5 Late Payment. Overdue invoices may incur an interest charge of 5% per month until payment is received in full.
5.6 Non-Payment. Non-payment may result in the suspension of ongoing services and/or the withholding of deliverables until payment is made.
5.7 GST. Unless otherwise stated, all prices are quoted in Australian dollars and are exclusive of GST.
6.1 Handover. Deliverables are handed over upon project completion and receipt of final payment as per the fee proposal. Mindesigns retains ownership of and rights to all content created until payment is made in full, at which point agreed intellectual property in the final deliverables transfers to you.
6.2 Pre-Existing Materials. Any pre-existing code, libraries, frameworks, tools or templates used in your project remain the intellectual property of Mindesigns (or their respective owners), and you receive a non-exclusive licence to use them as part of the delivered work.
6.3 Portfolio Rights. Mindesigns retains the right to showcase completed projects in its portfolio and marketing materials, unless you request otherwise in writing.
6.4 Post-Completion Access. After project handover, ongoing access, support or updates require a separate maintenance agreement.
7.1 Template Customisation. Website elements built using a template are not customisable unless specified. Customisation may incur additional charges, assessed case by case.
7.2 Backup Services. Monthly backups of website data are provided only to clients hosted on Mindesigns’ servers.
7.3 Digital Marketing Services. Ongoing digital marketing packages are billed at an hourly rate of $120–$150. Once the allocated budget is exhausted, you may either increase the budget or wait until the next billing cycle.
7.4 Rush Fees. Projects requiring completion sooner than the agreed timeline may incur a rush fee, quoted before work commences.
7.5 Ongoing Maintenance. Maintenance beyond bug fixes (for example, software updates and content changes) is billed at our standard hourly rate.
7.6 Data Recovery. Recovery of deleted or corrupted data not covered by regular backups will incur an additional fee.
8.1 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded.
8.2 Limitation of Liability. To the maximum extent permitted by law, Mindesigns’ total liability for any claim arising out of or in connection with the services is limited to the amount paid by you for the services giving rise to the claim, and Mindesigns is not liable for any indirect or consequential loss, loss of profits, loss of data or loss of business opportunity.
8.3 Unforeseen Circumstances. Mindesigns is not liable for unforeseen delays, particularly those involving third-party components, software or providers.
8.4 Force Majeure. Mindesigns is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, internet or infrastructure outages, and government actions.
9.1 Confidentiality. Both parties agree to keep project details and sensitive business information confidential, unless disclosure is agreed in writing or required by law.
9.2 Privacy. We handle personal information in accordance with our Privacy Policy.
9.3 Discrepancy in Terms. If there is a conflict between a fee proposal and these Terms, the fee proposal prevails for the matters it covers; these Terms continue to apply to all other matters.
9.4 Governing Law. These Terms are governed by the laws of Queensland, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Queensland.
9.5 Entire Agreement. These Terms, together with any related fee proposal or statement of work, constitute the entire agreement between you and Mindesigns, and supersede all prior discussions, proposals and communications.
9.6 Amendments. Any amendment to these Terms must be made in writing and agreed by both parties.
9.7 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
9.8 Acceptance. By paying a deposit, signing a quote or confirming by email, you acknowledge that you have read, understood and agreed to these Terms and Conditions.
Mindesigns ABN: 19 659 546 077 Email: info@mindesigns.com.au Phone: (07) 4000 8532 Sydney: Level 1/60 Martin Place, Sydney NSW 2000 Cairns: 254 Buchan St, Westcourt QLD 4870
