Terms of Service

These terms of service (“terms”) are between you and PixelApps (ABN 62 235 102 571), a digital studio based in the Macedon Ranges, Victoria, Australia (“PixelApps”, “we”, “us”).

They govern your use of pixelapps.com.au and any services we provide, including custom software and website projects and the Small Business Plan. When you accept a quote, sign up to the Small Business Plan, or engage us in writing, you agree to these terms.

If a written quote or proposal we give you conflicts with these terms, the quote or proposal prevails for that engagement.

We design and build custom software, marketing websites and AI solutions for Australian small businesses, startups and entrepreneurs. Our services fall into two broad categories:

• Custom projects — websites, online stores, booking systems, platforms and AI solutions, scoped and quoted individually.
• The Small Business Plan — a managed website package with a one-off setup fee and an ongoing monthly or annual subscription.

The specific scope, deliverables, timeline and price for any engagement are set out in the written quote or plan description we provide before work starts.

Quotes are valid for 30 days unless stated otherwise. Work begins once you accept the quote in writing and pay any required deposit.

Changes to the agreed scope (additional pages, features or integrations) are quoted separately before we start them — you will never receive a surprise invoice.

You agree to provide content, assets, access and feedback in a timely manner. If we are waiting on you, the project timeline extends accordingly.

We will give you reasonable opportunities to review and request revisions at the milestones set out in your quote. Acceptance of a milestone or the final deliverable may not be unreasonably withheld.

The Small Business Plan is $950 (including GST) to set up, then $95 per month (including GST), or $1,045 per year if paid annually. The setup covers a website of up to five pages; online stores, booking systems and extra pages are quoted separately.

The monthly subscription includes hosting, security, backups and uptime monitoring, small content updates each month (approximately one hour’s worth), ongoing local SEO and Google Business Profile maintenance, and a short monthly report.

• Small updates are fair-use and do not roll over month to month. Larger changes are quoted before we start.
• There is no lock-in. You can cancel at any time by telling us, and cancellation takes effect at the end of your current billing period.
• If you cancel, we will provide reasonable assistance to help you take your site and content with you.
• You retain ownership of your domain name and your content at all times.

Fees for the current billing period are not refunded on cancellation, except where required by law (including the Australian Consumer Law).

All prices are in Australian dollars. Unless stated otherwise, prices quoted include GST.

Custom project invoices are payable within 14 days unless your quote states otherwise. Plan subscriptions are billed in advance, monthly or annually as selected.

Payments are processed securely by our payment processor, Airwallex. We do not store your card details.

If an amount is overdue, we may charge reasonable costs of recovery and, after giving you at least 7 days’ written notice, suspend work or hosting until payment is received. Suspension does not remove your obligation to pay amounts owing.

On receipt of full payment, you own the final deliverables we create specifically for you — the custom code, design and content of your website or software.

We retain ownership of our pre-existing intellectual property — the frameworks, tools, components, libraries and know-how we bring to a project. To the extent these are embedded in your deliverables, we grant you a perpetual, non-exclusive, royalty-free licence to use them as part of your deliverables.

Third-party and open-source software is provided under its own licences, which continue to apply.

Unless you ask us otherwise in writing, we may display non-confidential examples of the work in our portfolio and marketing.

You warrant that you own or have the right to use all content, images, logos, text and data you supply to us, and that its use in your project will not infringe anyone’s rights or breach any law.

You grant us a licence to use that content for the purpose of delivering your services.

You are responsible for the accuracy and legality of the content on your website, including any claims, pricing and compliance with laws that apply to your business.

We provide our services with due care and skill and stand behind the quality of our work.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under the ACL or any other applicable law that cannot lawfully be excluded.

Where the ACL applies and the law permits us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having the services supplied again.

To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law:

• Our total aggregate liability arising out of or in connection with an engagement is limited to the fees you paid us for that engagement in the 12 months before the event giving rise to the claim.
• We are not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of data or loss of business opportunity.
• We are not responsible for outages, failures or changes made by third-party services we integrate with or rely on (such as hosting providers, domain registrars, analytics platforms or payment processors).

Each party agrees to keep the other’s confidential information confidential and to use it only for the purpose of the engagement. This obligation does not apply to information that is public, already known, independently developed, or required to be disclosed by law.

Either party may end a custom project engagement with 14 days’ written notice. If you end an engagement, you pay for work performed and non-refundable costs committed up to the date of termination.

The Small Business Plan can be cancelled at any time as described in section 4.

We may suspend or terminate services immediately if you breach these terms in a material way and do not remedy the breach within 7 days of written notice, or if required by law.

You may browse pixelapps.com.au for lawful purposes only. You must not misuse the site, attempt to gain unauthorised access to our systems, scrape or harvest data in bulk, or interfere with the site’s operation or security.

Content on this site is general information, not professional advice, and may change without notice.

We handle personal information in accordance with our Privacy Policy, which forms part of these terms.

These terms are governed by the laws of Victoria, Australia.

If a dispute arises, both parties will first try to resolve it in good faith within 30 days of written notice of the dispute. If it cannot be resolved, the parties agree to attempt mediation in Victoria before commencing proceedings, and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

We may update these terms from time to time by publishing the revised version on this page with a new “last updated” date. For material changes that affect active Small Business Plan subscribers, we will also give reasonable notice by email.

Continuing to use our services after an update takes effect constitutes acceptance of the revised terms.

If any part of these terms is found to be unenforceable, the remainder continues in effect. A failure to enforce a right is not a waiver of that right. These terms, together with any accepted quote or proposal, are the entire agreement between us for the relevant engagement. You may not assign your obligations without our written consent; we may assign to a successor of the business with notice to you.

Questions about these terms? Email jayson@pixelapps.com.au or write to PixelApps, Macedon Ranges, Victoria, Australia.