Terms and Conditions

Last updated: 1 September 2026

1. Agreement to these terms

These Terms and Conditions (“Terms”) govern your use of the Cultiv8 Digital website, and apply to any website design, website development, search engine optimisation (SEO) or related digital marketing services (“Services”) provided by Cultiv8 Digital (“we”, “us” or “our”). By using this website, requesting a quote, or engaging us for Services, you (“you”, “your” or the “Client”) agree to be bound by these Terms. Where we agree to carry out Services for you, these Terms apply in addition to any specific proposal, scope of work or invoice we provide you, and together they form the agreement between us (the “Agreement”). If there is a conflict, the specific proposal or invoice takes priority over these Terms.

If you do not agree to these Terms, please do not use this website or engage us for Services.

2. Definitions

• Deliverables means the website, code, designs, content, reports or other materials we produce for you as part of the Services.
• Fees means the amounts payable by you for the Services, as set out in a quote, proposal or invoice.
• Content means text, images, logos, video, data and other material supplied by you for use in the Deliverables.
• Third-Party Services means hosting, domain registration, plugins, themes, stock imagery, analytics, advertising platforms and other services provided by parties other than us.

3. Our services and packages

We provide website design and website development services to small businesses as a custom scope agreed with you directly, with the specific inclusions, Fees and timeline confirmed in a written quote or proposal before work begins. Ongoing content creation and SEO, whether for a website we have built for you or one you already have, is typically provided through our Starter, Growth and Scale Cultiv8 Packages described on our packages page. General information about our Services on this website, including package inclusions and indicative pricing, is provided for guidance only and does not itself constitute a binding offer.

Ongoing services

Where a package or engagement includes ongoing services such as hosting, support or SEO, those services continue on the basis agreed with you (for example, monthly) until either party ends the arrangement in accordance with clause 14 (Cancellation and termination).

4. Quotes, proposals and acceptance

Quotes and proposals are valid for 30 days from the date issued, unless otherwise stated. A project formally begins once you accept a quote or proposal in writing (including by email) and, where applicable, pay any deposit requested. Any changes to the agreed scope after acceptance are handled in accordance with clause 7 (Timelines, revisions and scope changes) and may affect the Fees and timeline.

5. Fees, payment and GST

Unless otherwise agreed in writing, projects are invoiced as follows: a deposit before work begins, with the balance invoiced on completion or at agreed milestones, and ongoing services (such as hosting or monthly SEO) invoiced in advance on a recurring basis. Fees quoted are in Australian dollars. Where we are required to charge GST, it will be shown separately on our invoices.

Invoices are due within 7 days of the invoice date unless a different period is stated on the invoice. We reserve the right to pause work, suspend hosting or other ongoing services, and withhold Deliverables (including source files and login credentials) until overdue Fees are paid in full. We may charge interest on overdue amounts at a reasonable commercial rate, and you agree to reimburse our reasonable costs of recovering unpaid Fees.

6. Your responsibilities as a client

To deliver your project on time and to the standard you expect, we need your help. You agree to:

• provide Content, feedback, approvals and access to accounts or systems (such as your domain registrar or existing hosting) in a timely manner;
• ensure that any Content you provide is accurate, and that you own it or otherwise have the right to use it;
• nominate someone with authority to make decisions and approve Deliverables on your behalf; and
• keep any login details, passwords or admin access we provide you secure.

Delays in providing Content, feedback or approvals may delay your project timeline and, where they cause us to incur additional cost, may result in additional Fees.

7. Timelines, revisions and scope changes

Any timeline we provide is an estimate based on the agreed scope and on you meeting your responsibilities under clause 6. Timelines are not guaranteed and may shift due to delays outside our reasonable control, including delays on your part or on the part of Third-Party Services.

Each package or proposal includes a set number of revision rounds, which will be confirmed with your quote. Requests that go beyond the agreed scope, add new pages, features or deliverables, or come after Deliverables have been approved, are treated as a change of scope. We will let you know when a request falls outside the agreed scope and provide a cost and timeline estimate for the extra work before proceeding.

8. Intellectual property and ownership

Once you have paid all Fees due for a project in full, ownership of the final Deliverables created specifically for you (such as the final website design and its content) transfers to you, except for the items described below, which we or our licensors continue to own or which remain subject to a separate licence:

• underlying frameworks, tools, code libraries, templates and processes we use across our business and did not create solely for you;
• Third-Party Services and any associated licences (for example, premium themes, plugins, stock imagery or fonts), which remain subject to the relevant third party's own licence terms; and
• our own trademarks, branding and pre-existing intellectual property.

Until Fees are paid in full, all Deliverables remain our property. You grant us a licence to use any Content you provide for the purpose of delivering the Services. Unless you tell us otherwise in writing, you agree that we may showcase completed work (including screenshots and a brief description) in our portfolio, on our website and in marketing materials.

9. Hosting, domains and third-party services

Where we arrange hosting, domain registration or other Third-Party Services on your behalf, those services are provided subject to the relevant provider's own terms, and we are not responsible for outages, price changes or policy changes made by that provider. If you choose to move hosting or domain management away from us, we will provide reasonable assistance with the transition, and may charge a reasonable fee for the time this takes.

Where a package includes hosting or website support, this generally covers routine maintenance such as software and security updates, uptime monitoring and minor content updates as agreed. It does not cover a full rebuild, a change of scope, or issues caused by changes made by you or a third party outside our management.

10. Search engine optimisation and marketing disclaimer

SEO and other digital marketing services aim to improve your visibility and performance in search engines and other channels over time. Search engines such as Google set and change their own ranking algorithms and policies, which are outside our control. Because of this, we do not and cannot guarantee specific search rankings, traffic levels, lead volumes or sales outcomes. Reports we provide reflect the work performed and the data available to us, and are provided in good faith based on generally accepted industry practice at the time.

11. Website content, legality and compliance

You are responsible for the accuracy and legality of any Content you provide to us, and for the ongoing content of your website once it is live and under your control. You must not ask us to include, and we may refuse to include, Content that is unlawful, defamatory, infringes another party's rights, or that we reasonably believe exposes either party to legal risk. You are responsible for ensuring your website and business comply with applicable Australian laws relevant to your industry, including the Australian Consumer Law where it applies to representations made on your website.

12. Confidentiality

Each party agrees to keep confidential any non-public business, technical or financial information disclosed by the other party in connection with a project, and to use it only for the purpose of that project, except where disclosure is required by law or with the other party's consent.

13. Warranties, disclaimers and limitation of liability

We will provide the Services with reasonable care and skill. Other than as expressly stated in these Terms or as required by law, the Services and this website are provided on an “as is” basis, and we do not make any other warranty, express or implied, about the Services or this website, including as to uninterrupted availability, fitness for a particular purpose beyond what is agreed in writing, or that any website we build will be entirely free of defects.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. To the maximum extent permitted by law, and subject to those consumer guarantees, our total liability to you arising out of or in connection with the Services or this website is limited, at our option, to resupplying the Services or paying the cost of having the Services resupplied, and in any case will not exceed the total Fees paid by you for the project giving rise to the claim in the 12 months before the claim arose. We are not liable for any indirect, consequential or special loss, including loss of profits, revenue, data or business opportunity.

14. Cancellation and termination

Either party may end a project-based engagement by giving the other party written notice. If you cancel a project after work has started, you remain responsible for paying for work completed and costs reasonably incurred up to the date of cancellation, and any deposit paid is non-refundable to the extent it covers that work. Ongoing services (such as monthly hosting, support or SEO) can be cancelled by either party giving at least 30 days' written notice, or the notice period stated in your proposal.

We may suspend or end the Services immediately if you fail to pay overdue Fees within 14 days of a written reminder, or if you breach these Terms in a way that is not fixed within a reasonable time after we ask you to.

15. Refunds

Because our Services involve time and work performed on your behalf, deposits and Fees for work already carried out are generally non-refundable. Where the Australian Consumer Law entitles you to a refund, remedy or other outcome that cannot be excluded, that entitlement is not affected by this clause.

16. Force majeure

Neither party is liable for any delay or failure to perform an obligation under these Terms (other than an obligation to pay money) caused by circumstances reasonably beyond that party's control, such as natural disasters, internet or utility outages, or the failure of a Third-Party Service.

17. Privacy

We are committed to protecting your privacy. This section explains how we collect, use, store and disclose personal information, and how we comply with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs). By using our website or providing your information to us, you consent to the practices described in this section.

What information we collect

We may collect personal information that you provide to us directly, including your name, email address, phone number, business name and any details you include in an enquiry, quote request or as part of a project. When you browse our website, we may also collect technical information such as your IP address, browser type, device information and the pages you visit.

How we collect it

We collect personal information directly from you when you complete a form, email us, or otherwise interact with us. We may also collect information automatically through cookies and analytics tools when you use our website.

Why we collect and how we use it

We use your personal information to:

• respond to your enquiries and provide quotes;
• deliver, manage and improve our Services;
• communicate with you about your project or our Services;
• maintain our records and meet our legal obligations; and
• improve our website and understand how it is used.

Disclosure of your information

We do not sell your personal information. We may disclose it to trusted third-party service providers who help us operate our business (for example, hosting, email, analytics and payment providers), and where required or authorised by law. Any providers we use are expected to handle your information consistently with this policy.

Overseas disclosure

Some of our service providers may store or process data outside Australia. Where this occurs, we take reasonable steps to ensure your information is handled in accordance with the Australian Privacy Principles.

Data security

We take reasonable steps to protect your personal information from misuse, interference, loss, and unauthorised access, modification or disclosure. However, no method of transmission over the internet is completely secure, and we cannot guarantee absolute security.

Cookies and analytics

Our website may use cookies and similar technologies to help it function and to measure how it is used. You can control cookies through your browser settings, though disabling them may affect how the website works.

Access and correction

You may request access to the personal information we hold about you, and ask us to correct it if it is inaccurate, out of date or incomplete. To make a request, contact us using the details below.

18. Complaints and dispute resolution

If you believe we have breached the Australian Privacy Principles, mishandled your information, or you otherwise have a complaint or dispute about the Services, please contact us first so we can investigate and try to resolve it directly with you. If you are not satisfied with our response to a privacy complaint, you may lodge a complaint with the Office of the Australian Information Commissioner (OAIC) at oaic.gov.au. For other disputes, both parties agree to try to resolve the matter in good faith before pursuing any other remedy.

19. Governing law and jurisdiction

These Terms, and any dispute relating to the Services or this website, are governed by the laws of Queensland, Australia, and are subject to the exclusive jurisdiction of the courts of Queensland.

20. Changes to these terms

We may update these Terms and Conditions from time to time, including to reflect changes to our Services or the law. The current version will always be available on this page, with the date it was last updated shown above. For an active project, we will let you know of any material change that affects you.

21. Contact us

If you have any questions about these Terms and Conditions, including the Privacy section, please contact us at cultiv8digitalagency (at) gmail.com.