Version 1.0. Effective 19 October 2026.
These terms apply to every project Chillybin Studio Pty Ltd (ABN 86 661 069 950) carries out for clients engaged through our Brisbane office. Your proposal sets out the scope, fees and timeline. If the proposal and these terms disagree, the proposal wins. A separate agreement signed by both parties replaces these terms only where it says so.
You accept these terms when you sign the proposal, pay the deposit or ask us in writing to start, whichever happens first. The version in force on that day applies for the whole project.
Clients engaged through our Singapore office are covered by the Standard Terms of Engagement (Singapore).
Your rights under the Australian Consumer Law
Our services come with guarantees that can’t be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes those rights, or any other right you have that the law says can’t be excluded.
A. Project delivery
1. Approvals
We ask for your approval at each milestone in the proposal (designs, staging build, written specifications). If we haven’t received written feedback within 10 business days of delivery, we’ll send a reminder. If 5 more business days pass without a reply, the deliverable counts as approved and the project moves to the next phase.
2. Feedback
Please send each round of feedback as one consolidated written message from one nominated contact. Where feedback from different people conflicts, we’ll ask your nominated contact for a single decision before we continue.
3. Timeline
The timeline assumes both of us keep to our side. If content, assets, access, approvals or feedback arrive late, the end date moves by the same number of business days, and we’ll tell you in writing when that happens. If we cause a delay, we’ll tell you and agree a revised date with you.
4. Content
You supply all final copy (page text, headings, product descriptions and other written content) in the agreed format and on schedule. We don’t write or proofread copy unless the proposal includes it.
5. Data and assets
Data-driven features need structured data in a spreadsheet or CSV. Images should be at least 1,500px on the longest edge unless we agree otherwise. We send a content checklist at kick-off. Assets that don’t meet it can delay the project, and preparing them may be quoted as extra work.
6. Changes to scope
Work outside the proposal is a change request. We’ll quote it in writing (cost and effect on the timeline) and start only once you approve.
B. Design and intellectual property
7. Design files
We design in Figma. When the final invoice is paid, you get full editing access to the project’s Figma files, and exports in SVG, PNG or PDF as suits each deliverable. We don’t supply Adobe Illustrator, Photoshop or InDesign files.
8. Stock images
The fee includes up to 15 stock images, which we source and license for the project. Beyond that, you license further images directly. We’re happy to help choose them.
9. Ownership
Ownership of the finished deliverables (designs, custom code and written specifications) passes to you when the final invoice is paid in full. Until then it stays with us.
Our own pre-existing tools, frameworks and code libraries used in the build stay ours, and you receive a perpetual, royalty-free licence to use them as part of your site. WordPress and most plugins are licensed under the GPL, and custom code we write for a WordPress project is released to you on the same terms.
10. Portfolio
After launch, we may show the work in our portfolio, case studies, marketing and award entries, including screenshots, descriptions and links. If you need the work kept confidential, tell us in writing before the project finishes and we’ll honour any reasonable request.
C. Training
11. Training session
One remote training session is included: up to 90 minutes by video call for up to 3 people from your team. Further sessions are charged at our standard rate, booked in advance.
D. Commercial terms
12. Fees and payment
Fees are in Australian dollars and exclude GST unless the proposal says otherwise. We’ll issue a tax invoice for each payment.
Unless the proposal says otherwise, fees are invoiced in four milestones: 50% to start, 20% at design sign-off, 20% when the staging build is complete and 10% at launch. Invoices are due within 30 days.
If an invoice is more than 14 days overdue, we’ll give you written notice and may then pause work until it’s paid. Timeline commitments are suspended during a pause, and the end date moves by the length of the pause.
13. Inactive projects
If a project makes no progress for 30 consecutive days because we’re waiting on you, and we haven’t agreed another plan in writing, we’ll tell you in writing, archive the project and pause work. Restarting an archived project costs A$750, which covers rescheduling the team and reviewing the project.
If it stays inactive for a further 15 days (45 days in total) and you haven’t responded to our notice, we may end the engagement under clause 15. You then pay for work completed to that date, and you receive the deliverables you have paid for.
14. Liability
To the extent the law allows:
- each party’s total liability for any engagement is limited to the fees paid under it;
- neither party is liable for indirect or consequential loss, including lost revenue, lost data or harm to reputation; and
- where our services aren’t of a kind ordinarily acquired for personal, domestic or household use, our liability for failing to meet a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.
A party’s liability is reduced to the extent the other party caused or contributed to the loss. Nothing in this clause limits liability for fraud or wilful misconduct, or any liability that can’t be limited by law.
15. Ending the engagement
Either party may end the engagement:
- for cause, with written notice, if the other party materially breaches these terms and doesn’t fix the breach within 14 days of being told about it; or
- for convenience, with 30 days’ written notice.
Either way, you pay for work completed up to the end date at the rates in the proposal. The deposit is applied to that work first. If the work completed is worth less than the deposit, and the engagement ends because of our breach or our decision to end it, we refund the difference.
E. Warranty and third parties
16. Post-launch warranty
Without a Website Care plan, you get a 30-day warranty from launch. It covers defects caused by our work that you report in writing within that period. It doesn’t cover changes you request, third-party plugin or service failures, hosting problems, or damage caused by edits made outside our team. This warranty is in addition to your rights under the Australian Consumer Law.
With an active Website Care plan, post-launch issues are handled under the Website Care terms instead.
17. Third-party services
We aren’t liable for delays, failures or limits caused by third parties outside our control, including hosts, domain registrars, payment gateways, plugin and theme developers, API providers and email services. If one affects your project, we’ll tell you promptly and work on another way forward.
F. General
18. Confidentiality
Each party keeps the other’s confidential information private and uses it only for the project. This doesn’t apply to information that is already public or that the law requires us to disclose.
19. Personal information
We handle personal information under our Privacy Policy. Where we handle personal information on your behalf (such as form entries or customer records), we do it only to deliver the project.
20. Disputes
If a dispute comes up, either party can give the other written notice of it. Senior people from both sides will meet (in person or by video) within 14 days to try to resolve it before either party starts court proceedings, except where urgent relief is needed.
21. Governing law
Queensland law governs these terms, and the courts of Queensland have non-exclusive jurisdiction.
Chillybin Studio Pty Ltd, 15/121 Bunya Road, Everton Hills, Brisbane QLD 4053. hello@chillybin.co. +61 7 3667 7482.