terms.

Terms and Conditions of Use

Michael Brimelow | ABN 15 796 330 646

These Terms and Conditions (“Terms”) govern your access and use of our website (michaelbrimelow.com) and our web design and development services. By using our website or engaging our services, you agree to be bound by these Terms. If you do not agree, you must refrain from using our services or website.

1. GENERAL PROVISIONS

1.1 About Us

This website and business are owned and operated by Michael Brimelow, an Australian business registered in the state of Victoria. Our principal place of business is in St Kilda, Melbourne, and we may engage third-party professionals or freelancers globally to assist in delivering our services.

1.2 Use of Website

Use of this website and its content is at your own risk. While we take reasonable steps to maintain security, we make no representations or warranties as to its uninterrupted or error-free operation. We may update these Terms at any time without prior notice.

2. SERVICES & DELIVERABLES

2.1 Scope of Services

Michael Brimelow provides web design and development services, which may include but are not limited to:

  • Custom website design

  • Squarespace and Shopify website development

  • UX/UI design

  • Content migration and setup

  • Website maintenance and support

  • SEO and performance optimization

Additional services or modifications beyond the agreed scope may incur additional charges.

2.2 Client Responsibilities

Clients must:

  • Provide all required content, images, branding assets, and login credentials in a timely manner.

  • Review and approve work promptly to ensure project timelines are met.

  • Ensure that they have the legal rights to use all materials provided for the project (e.g., text, images, videos).

  • Comply with relevant laws and regulations (e.g., privacy policies, GDPR compliance).

Failure to fulfill these responsibilities may result in project delays or additional costs.

2.3 Revisions & Changes

Each project includes a set number of revisions, as outlined in the project proposal. Any additional revisions beyond the agreed scope will be billed at our hourly rate.

2.4 Website Ownership & Licensing

  • The final website design and code become the client’s property only after full payment is received.

  • Any third-party software, fonts, plugins, or licenses used within the project remain subject to their respective licensing terms.

  • We retain the right to display completed work in our portfolio unless otherwise agreed upon in writing.

3. PAYMENTS & CANCELLATION

3.1 Payment Terms

  • A 50% deposit is required before project commencement unless otherwise agreed.

  • The remaining balance is due upon project completion and before the website goes live.

  • For long-term projects, milestone payments may be required.

3.2 Refunds & Cancellations

  • Deposits are non-refundable as they secure project time and resources.

  • If a project is cancelled after work has commenced, a pro-rated fee will be charged based on the work completed.

  • No refunds will be issued once the final deliverables have been approved.

3.3 Late Payments

  • Payments not received within 7 days of the due date may incur a 5% late fee per week.

  • We reserve the right to suspend work or website access until outstanding payments are settled.

4. LIABILITY & DISCLAIMERS

4.1 Limitation of Liability

  • We are not responsible for lost revenue, downtime, or third-party service failures (e.g., web hosting, payment gateways, third-party plugins).

  • We do not guarantee search engine rankings, traffic, or conversions.

  • Clients are responsible for ongoing security and maintenance unless an ongoing service agreement is in place.

4.2 No Guarantees

While we strive to deliver high-quality websites, we do not guarantee specific results, including:

  • Increased sales or website traffic

  • Specific search engine rankings

  • Uninterrupted website functionality

4.3 Client Website Edits

If the client makes edits or installs third-party plugins that cause issues with functionality, we are not responsible for fixing those issues unless additional fees are agreed upon.

5. WEBSITE MAINTENANCE & SUPPORT

If ongoing support is required, a separate maintenance plan must be agreed upon. This may include:

  • Regular updates and security monitoring

  • Backup services

  • Fixing minor bugs or performance issues

Any issues arising from third-party changes (e.g., Shopify/Squarespace updates, plugins, or external developer modifications) may incur additional fees.

6. INTELLECTUAL PROPERTY

6.1 Ownership of Design & Code

  • The final website belongs to the client after full payment.

  • Any custom-built features or code remain the intellectual property of Michael Brimelow unless explicitly transferred.

  • Clients cannot resell or redistribute our work without permission.

6.2 Use of Our Portfolio Work

We reserve the right to display completed projects in our portfolio unless a written agreement states otherwise.

7. CONFIDENTIALITY & DATA PRIVACY

7.1 Confidentiality

Any confidential client information shared during a project will not be disclosed without written consent.

7.2 Data Security

We take reasonable steps to secure client data but are not liable for data breaches occurring through third-party services (e.g., hosting providers, payment processors).

7.3 Third-Party Services

  • We may use third-party platforms (e.g., Shopify, Squarespace, Stripe, Google Analytics).

  • Clients are responsible for reading and accepting their respective Terms of Use and Privacy Policies.

8. TERMINATION OF SERVICE

We reserve the right to terminate a project or client relationship if:

  • The client is unresponsive for 30+ days without notice.

  • There is a violation of these Terms.

  • Payments are repeatedly delayed or unpaid.

Termination does not waive the client’s responsibility for outstanding balances.

9. DISPUTE RESOLUTION

Before taking legal action, both parties agree to attempt resolution through mediation. If a dispute cannot be resolved, it will be handled under Victorian law, Australia.

10. GENERAL TERMS

  • Governing Law: These Terms are governed by the laws of Victoria, Australia.

  • Severability: If any part of these Terms is deemed unlawful, the remaining provisions shall remain in effect.

  • Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between both parties.

11. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at: info@michaelbrimelow.com

© 2025 Michael Brimelow. All rights reserved.

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