1. About these terms
Moonsy Pty Ltd (ABN 95 701 495 454), trading as Moonsy ("Moonsy", "we", "us" or "our"), provides creative brand and digital studio services, including branding, design, web design and digital content services ("Services"). These Terms of Service ("Terms") apply to all work we undertake for you ("Client").
By requesting Services, accepting a quote, or providing content or instructions to us, you confirm that you have read, understood and agree to be bound by these Terms.
2. Quotes and engagements
All quotes provided by Moonsy are valid for 30 days from the date of issue unless otherwise stated in writing. A quote outlines the scope of work, deliverables, timeline and applicable fees.
Work will only commence once the Client has accepted a quote in writing (including by email) and any required deposit has been received. Any work requested outside the agreed scope will be quoted separately and must be approved in writing before it is undertaken.
3. Fees, deposits and payment
Fees are stated in Australian dollars and are exclusive of GST unless otherwise stated. Unless otherwise agreed in writing:
- A deposit of 50% is payable before work commences;
- The balance is payable on completion of the deliverables and prior to final file handover or project launch;
- Invoices are due within 14 days of the invoice date.
Where a website or campaign is launched for the Client, final payment must be received before launch. Overdue accounts may attract interest at 2% per month on the outstanding balance, and we may suspend Services until outstanding amounts are paid.
4. Client responsibilities
The Client agrees to:
- Provide timely feedback, approvals and content (including text, images, logos and other materials) required for the project;
- Ensure that all materials supplied to Moonsy are owned by the Client or properly licensed for use, and do not infringe the rights of any third party;
- Nominate a single point of contact authorised to give approvals on behalf of the Client.
Delays caused by the Client in providing feedback, approvals or materials may affect project timelines and may result in additional fees if the project timeline is materially extended.
5. Revisions and approvals
Each quote includes a stated number of revision rounds per deliverable. Additional revision rounds will be quoted and charged separately. Written approval of a deliverable (including by email) constitutes final sign-off. Once a deliverable is approved, any further changes will be treated as a new request and quoted accordingly.
6. Intellectual property
Upon receipt of full payment, the Client owns the final approved deliverables created specifically for the Client under the engagement, including final artwork and design files as specified in the quote.
Moonsy retains ownership of:
- All pre-existing tools, frameworks, code libraries, templates and methods used to produce the deliverables;
- Working files, concepts not selected, and draft materials;
- The right to display completed work in our portfolio and marketing materials, unless the Client requests otherwise in writing.
The Client must not resell, reproduce or redistribute our deliverables as templates or for use by third parties without our prior written consent.
7. Third-party materials, licences and subscriptions
Projects may involve third-party products such as stock imagery, fonts, plugins, hosting, domain registration and software licences. The Client is responsible for the cost of these third-party items unless otherwise stated in the quote. Third-party licences are governed by the relevant provider's own terms, and Moonsy is not responsible for changes, outages or pricing changes made by third-party providers.
8. Websites, content and ongoing support
Unless a separate care or maintenance agreement is in place, our engagement ends on delivery and launch of the agreed deliverables. Ongoing updates, security maintenance, content changes and support are available under a separate agreement. After handover, the Client is responsible for managing their own hosting, domains, software updates and backups unless a support agreement states otherwise.
9. Confidentiality
Each party agrees to keep confidential all non-public business, commercial and project information disclosed by the other party, and to use it only for the purposes of the engagement. This obligation does not apply to information that is publicly available, required to be disclosed by law, or independently developed.
10. Warranties and Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights that the Client may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable legislation, including statutory guarantees relating to the supply of services.
Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For services supplied to a "consumer" as defined by the Australian Consumer Law, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage, and to have the services remedied if they fail to be of acceptable quality and the failure does not amount to a major failure.
Subject to the above, and to the maximum extent permitted by law, all other warranties, conditions and representations, whether express or implied, are excluded.
11. Limitation of liability
To the maximum extent permitted by law, Moonsy's total liability arising out of or in connection with the Services is limited, at our option, to the resupply of the Services or the cost of having the Services resupplied.
To the maximum extent permitted by law, Moonsy will not be liable for any indirect, incidental, special or consequential loss or damage, including loss of profits, revenue, goodwill or business opportunities, however caused, arising in connection with the Services or these Terms.
12. Project delays and force majeure
Neither party is liable for delays or failure to perform obligations caused by events beyond their reasonable control, including natural disasters, illness, power or internet outages, industrial action, or acts of government. Affected parties must notify the other promptly and work in good faith to resume performance.
13. Cancellation and termination
Either party may terminate an engagement by giving written notice if the other party materially breaches these Terms and fails to remedy the breach within 14 days of notice.
If the Client cancels a project after work has commenced, all work completed to the date of cancellation, together with any third-party costs incurred, remains payable. Deposits are non-refundable where work has commenced.
14. Privacy
We handle personal information in accordance with our Privacy Policy. By engaging our Services, you consent to the collection, use and disclosure of personal information as described in that policy.
15. General
These Terms, together with any accepted quote, form the entire agreement between the parties in relation to the Services. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce any right under these Terms is not a waiver of that right.
16. Governing law
These Terms are governed by the laws of Western Australia and the Commonwealth of Australia. The parties submit to the jurisdiction of the courts of Western Australia.
17. Changes to these terms
We may update these Terms from time to time. The current version will always be published on this page with the date of the most recent update. Continued engagement of our Services after an update constitutes acceptance of the revised Terms.
18. Contact
Questions about these Terms can be directed to:
Moonsy Pty Ltd (ABN 95 701 495 454)
Perth, Western Australia
Email: ceo@moonsy.site
Website: https://moonsy.site