Terms & Conditions

These Terms and Conditions ("Terms") govern the supply of website design, build, hosting, maintenance and related services ("Services") by Stackly Digital Pty Limited ("Stackly Digital", "we", "us" or "our") to you ("you" or the "Client"). By engaging us, requesting a quote, or using our website, you agree to these Terms.

1. Definitions

• Deliverables means any website, design, code, copy, image or other materials we produce for you under a Project.
• Project means a discrete engagement set out in a quote, proposal or order accepted by you.
• Plan means the subscription tier you have selected - currently Stackly Essentials ($199 AUD per month excluding GST), Stackly Growth ($299 AUD per month excluding GST) or Stackly Accelerate ($499 AUD per month excluding GST) - each of which includes website design and build, hosting, and the other inclusions set out for that tier on our website.
• Exit Fee Period means the first 6 months from the date your Plan goes live, as set out in clause 8.

2. Quotes and acceptance

Quotes are valid for 30 days unless stated otherwise. A binding agreement is formed when you accept a quote in writing (including by email or via our online form) or pay an invoice or deposit.

3. Fees, GST and payment

• All prices and fees, including those shown on stacklydigital.com.au, plumbing.stacklydigital.com.au, in our quotes and on our invoices, are in Australian Dollars (AUD) and are exclusive of GST. GST at the prevailing rate (currently 10%) will be added to your invoice where applicable.
• Plan fees are billed monthly in advance from the date your site goes live and are non-refundable for the current billing period.
• There is no lock-in contract - you may cancel your Plan at any time. If you cancel before the end of your Exit Fee Period, a flat exit fee of $500 AUD (excluding GST) applies, as set out in clause 8.
• Invoices are due within 7 days of issue unless stated otherwise. Overdue amounts may incur interest at the rate prescribed under the Civil Procedure Act 2005 (NSW) and reasonable recovery costs.

4. Your responsibilities

You agree to:

• provide accurate information, content and feedback in a timely manner;
• hold all necessary rights, licences and consents for content you supply;
• comply with all applicable laws when using the Deliverables and Services; and
• keep your account credentials secure and notify us of any suspected unauthorised access.

5. Project delivery and feedback

We aim to deliver a working demo within the timeframe stated in your quote (typically 48 hours from receiving your brief). Timeframes assume timely provision of content and feedback. Reasonable feedback rounds are provided during the build phase; significant additions outside the agreed scope may be quoted separately.

6. Intellectual property

• Your domain name is registered in your own name (or transferred to your control) and remains yours regardless of your Plan status.
• While your Plan is active, you have a full licence to use the website, design and content we build for you (the "Deliverables").
• Third-party components, open-source libraries, fonts, images, and platform tooling remain subject to their respective licences.
• Pre-existing tools, templates and know-how used by us remain our property; we grant you a licence to use them as embedded in the Deliverables for as long as your Plan is active.
• On cancellation or termination of your Plan, your licence to use the Deliverables ends. We will provide an export of your content and a copy of your site files within 30 days on request, but the bespoke code and design created for your Project remain our property unless we separately agree in writing to assign them to you.

7. Hosting and third-party services

Where we host or manage your website, we rely on reputable third-party providers. We do not warrant that hosting will be uninterrupted or error-free, but we will use reasonable efforts to maintain availability and promptly remedy outages within our control.

8. Cancellation and refunds

• There is no lock-in contract. You may cancel your Plan at any time, with effect from the end of your current billing period.
• If you cancel before the end of your Exit Fee Period (the first 6 months from the date your Plan goes live), a flat exit fee of $500 AUD (excluding GST) applies.
• After your Exit Fee Period has ended, you may cancel at any time with no exit fee.
• Fees already paid are non-refundable except as required by law.
• This clause does not exclude any rights you have under the Australian Consumer Law.

9. Australian Consumer Law

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded.

10. Warranties and limitation of liability

To the maximum extent permitted by law, and subject to the consumer guarantees referred to above:

• our Services are provided on an "as is" basis and we exclude all other warranties, express or implied;
• we are not liable for indirect, special, consequential or economic loss, loss of profits, revenue, data or goodwill; and
• our total aggregate liability for any claim arising out of or in connection with a Project is capped at the fees paid by you to us for that Project in the 12 months preceding the claim.

Where we are liable for a breach of a consumer guarantee, our liability is limited (where permitted) to resupplying the Services or paying the cost of having them resupplied.

11. Indemnity

You indemnify us against all claims, losses and costs arising from content you supply, your use of the Deliverables in breach of these Terms, or your breach of any law.

12. Confidentiality and privacy

Each party will keep the other's confidential information secure and use it only for the purpose of the engagement. Our handling of personal information is set out in our Privacy Policy.

13. Suspension and termination

We may suspend or terminate Services if you materially breach these Terms (including non-payment) and fail to remedy the breach within 14 days of written notice. On termination, accrued rights and outstanding fees survive.

14. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, outages, cyber attacks, pandemics or government action.

15. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.

16. General

• If any provision is unenforceable, the remainder of the Terms continue in force.
• These Terms (together with any accepted quote) form the entire agreement between the parties for the relevant Project.
• We may update these Terms from time to time; the version in force at the time of your engagement applies to that Project.

17. Contact

Stackly Digital Pty Limited
Sydney, New South Wales, Australia
Email: info@stacklydigital.com.au
Web: stacklydigital.com.au