Terms of service
1. Overview
These Terms of Service apply to your use of the Phoenix Digital website and your purchase of website design, development and related services from Phoenix Digital.
By accessing our website, submitting an enquiry or purchasing a service, you agree to these Terms of Service and our Privacy Policy. If you do not agree with these terms, you should not use or purchase our services.
2. Our Services
Phoenix Digital provides website design, development and related digital services.
The exact features included in your project depend on the package or service you purchase and any additional requirements agreed to before or during the project.
We aim to accurately describe our packages, features, pricing and expected outcomes. Website images, portfolio examples and demo websites are provided to demonstrate our work and do not guarantee that every website will look or function identically.
3. Orders and Project Acceptance
Submitting an order or payment does not necessarily mean that a project has commenced.
We may contact you to obtain information required to begin your project, including business information, branding, text, images and other content.
We reserve the right to decline or cancel a project where reasonably necessary. If we cancel a project before work has commenced, any amount paid for that project will be refunded.
4. Client Responsibilities
You agree to provide accurate information and the materials reasonably required to complete your website.
You are responsible for ensuring that you have permission to use any logos, photographs, videos, written content, trademarks or other materials you provide to Phoenix Digital.
Delays in providing requested information, content or feedback may delay completion of your project.
5. Pricing and Payment
Prices displayed on the Phoenix Digital website are in Australian dollars unless otherwise stated.
The price and inclusions of each package are shown on the relevant package page. Additional work outside the agreed package or project scope may require an additional fee, which will be discussed with you before that additional work is undertaken.
Prices and package inclusions may change from time to time. Changes will not affect an already accepted project unless otherwise agreed.
6. Project Timeframes
Any project completion dates or turnaround times provided by Phoenix Digital are estimates unless expressly agreed otherwise in writing.
Project timelines may be affected by the complexity of the website, requested revisions, delays in receiving content or feedback from the client, third-party services, or circumstances outside our reasonable control.
We will make reasonable efforts to keep clients informed of significant delays.
7. Revisions and Changes
Reasonable revisions may be provided according to the package or project scope agreed with you.
Requests that significantly change the original scope of the project or require substantial additional work may incur additional charges.
Where additional charges apply, we will communicate this before undertaking the additional work.
8. Cancellations and Refunds
A full refund may be requested before work on your project has begun.
Once design or development work has commenced, payments relating to work already completed are non-refundable. If a project is cancelled after work has begun, any refund will be assessed based on the amount of work completed at the time of cancellation.
If you experience an issue with our services, please contact Phoenix Digital so we can work with you to resolve it.
Nothing in these Terms or our Refund Policy excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified.
9. Website Content and Intellectual Property
Phoenix Digital retains ownership of its own branding, website, portfolio materials, templates, design systems and other pre-existing intellectual property.
Unless otherwise agreed, once the agreed project fees have been paid in full, the client may use the completed website and custom materials created specifically for their project.
Any third-party software, fonts, images, themes, plugins, applications or other materials remain subject to their respective owners' licences and terms.
Clients remain responsible for content and intellectual property they provide to Phoenix Digital.
10. Portfolio Use
Unless otherwise agreed, Phoenix Digital may display completed website projects in its portfolio and promotional materials for the purpose of showcasing our work.
If you do not want your completed project displayed, please contact us.
11. Third-Party Services
Websites may rely on third-party services such as Shopify, domain registrars, hosting providers, applications, plugins, payment processors or other platforms.
Phoenix Digital does not control these third-party services and cannot guarantee that they will always be available, error-free or unchanged.
Any ongoing third-party fees are the client's responsibility unless expressly included in the agreed service.
12. Relationship With Shopify
Phoenix Digital is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Phoenix Digital.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Phoenix Digital, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Phoenix Digital.
13. Privacy
Personal information collected through our website is handled in accordance with our Privacy Policy.
Because our website is hosted using Shopify, information may also be processed by Shopify and other service providers necessary to operate the website and provide our services.
Please review the Privacy Policy available on our website for further information.
14. Acceptable Use
You must not use our website or services:
- for unlawful or fraudulent purposes;
- to infringe another person's intellectual property or other legal rights;
- to transmit malicious software or harmful code;
- to interfere with the security or operation of our website; or
- to provide content that Phoenix Digital cannot lawfully use in your project.
We may refuse or discontinue services where a project would require us to engage in unlawful activity.
15. Errors and Changes
We may correct errors, inaccuracies or omissions on our website, including information relating to pricing, package inclusions, promotions and availability.
Where an error materially affects an order you have already placed, we will contact you where reasonably necessary.
16. Liability
To the maximum extent permitted by law, Phoenix Digital is not responsible for indirect or consequential losses arising from circumstances outside our reasonable control, including failures or changes to third-party platforms and services.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other applicable law where doing so would be unlawful.
17. Termination
We may suspend or terminate access to our services where these Terms are materially breached, subject to applicable law.
Any amounts owing for work already completed remain payable following cancellation or termination.
18. Changes to These Terms
Phoenix Digital may update these Terms of Service from time to time.
The latest version will be published on our website with an updated revision date.
Changes will apply prospectively except where otherwise required or permitted by law.
19. Governing Law
These Terms are governed by the laws applicable in the Australian state or territory in which Phoenix Digital operates, subject to any rights you have under applicable consumer law.
20. Contact
Questions regarding these Terms of Service or our services can be submitted through the Contact Us page on the Phoenix Digital website.