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Professional Services Terms

WordPress Website Redesign 

Last Updated: May 2026

Please read these terms and conditions carefully. By using our website or accepting a quote for professional services, you agree to be bound by these terms.

  1. Interpretation and Definitions
  • Company: Refers to Brightwell Marketing (“We”, “Us” or “Our”).
  • Client: Refers to the individual or legal entity purchasing Professional Services (“You”).
  • Service: Refers to the Website (brightwell.marketing) and/or the professional marketing, design, and web development services provided by the Company.
  • Project: Refers to the specific scope of work (e.g., WordPress Redesign) outlined in a Quote.
  • Go-Live: The point at which the website is made accessible to the public or files are transferred to the Client’s production server.
  1. Professional Services & Project Terms

Where the Company is engaged to perform a Project for a Client, the following terms apply:

2.1 Payment Terms

  • Upfront Deposit: A non-refundable deposit of 50% of the total quoted fee is payable prior to the commencement of any work.
  • Final Balance: The remaining 50% balance is due immediately upon completion of testing and mutual agreement that the website is ready to go live.
  • Payment Requirement: The Company is under no obligation to launch the website or provide final files until the balance is paid in full.

2.2 Web Hosting

  • Exclusion: Unless explicitly stated in writing, web hosting is not included in the Project.
  • Handover: Upon receipt of final payment, the Company will provide all web files and database exports to the Client or the Client’s chosen hosting provider.

2.3 Intellectual Property (IP)

  • Transfer of Ownership: Once the website goes live and the Company has received payment in full, all Intellectual Property rights for the custom design and content created specifically for the Project are transferred to the Client.
  • Portfolio Right: The Company retains a non-exclusive, perpetual license to use screenshots and descriptions of the Project in its professional portfolio and marketing materials.

2.4 Client Responsibilities

The Client must provide all necessary content, images, and technical access (e.g., domain logins) in a timely manner. Delays in providing materials may result in project timeline extensions.

  1. Limitation of Liability

Australian Consumer Law Health Warning: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

  1. To cancel your service contract with us; and
  2. To a refund for the unused portion, or to compensation for its reduced value.

To the maximum extent permitted by law, the Company’s entire liability for any claim related to the Service or a Project shall be limited to the amount actually paid by You for that specific Project. We shall not be liable for any consequential loss, loss of profits, or data loss arising from the use of the Service.

  1. “As Is” and Warranty
  • Delivery: The Service is provided “AS IS.” While we strive for perfection, we do not warrant that the Service will be 100% error-free.
  • Project Warranty: For WordPress redesigns, the Company provides a 30-day bug-fix period following the Go-Live date. This covers defects in the Company’s original work but excludes issues caused by third-party plugin updates, hosting failures, or Client-initiated changes.
  1. Governing Law and Disputes
  • Jurisdiction: These Terms are governed by the laws of Queensland, Australia.
  • Resolution: If You have a dispute, You agree to first attempt an informal resolution by contacting the Company. If a resolution cannot be reached, both parties submit to the non-exclusive jurisdiction of the courts of Queensland.
  1. Termination

We may terminate or suspend Your access to the Service or cease work on a Project immediately, upon reasonable notice, if You breach these Terms. For Projects, the Client remains liable for all work completed up to the date of termination.

  1. Changes to These Terms

We reserve the right to modify these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice. Continued use of our Services after changes become effective constitutes acceptance of the new terms.