Terms and Conditions

These Terms and Conditions ("Terms") govern your use of matchadesignstudio.com (the "Website") and any website design, build, hosting, maintenance, and support subscription services provided by Matcha Design Studio ("we", "us", "our") to you ("you", "Client").

By submitting an enquiry, starting a plan, or otherwise using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Our Services

We design, build, host, and maintain websites for small businesses on a subscription basis. Our process generally involves:

1. You submit an enquiry describing your business and website needs;

2. We build an initial draft of your website at no upfront cost;

3. If you approve the draft, you start a paid subscription plan and your site goes live;

4. Your ongoing subscription includes hosting, maintenance, and website change requests as described in your selected plan, plus any optional add-ons you purchase.

Plan features, page limits, pricing, and included add-ons are as described on the Website at the time you sign up and may be updated by us from time to time (see Section 5).

There is no cost to receive an initial draft website. A subscription fee only becomes payable once you approve the draft and choose to launch and go live.

2. Eligibility and Client Responsibilities

By using our Services, you confirm that:

• You are at least 18 years old and have authority to enter into this agreement on behalf of yourself or your business;

• Any content, images, logos, text, or materials you provide to us for use on your website (i) are accurate, (ii) do not infringe any third party's intellectual property, privacy, or other rights, and (iii) do not contain unlawful, defamatory, or offensive material.

• Your business abides by Matcha Design Studio's code of ethics, as we may reject working with your business if it falls under gambling, alcohol, adult content or political ideologies.

You are responsible for reviewing draft websites and requested changes before they are published, and for the accuracy of information displayed on your website.

3. Subscription Plans, Billing, and Payment

• Subscription fees are billed monthly or bi-yearly (every 6 months), depending on the plan you select, in advance.

• Add-ons (such as Forms, Menus, Blogs, or Maps) are billed separately at the rates displayed on the Website at the time of purchase, either monthly or over a 6-month term.

• Prices are in Australian dollars (AUD) and may include or exclude GST as applicable; the price displayed at checkout will confirm this.

• Payment is processed via our third-party payment provider. By subscribing, you authorise us (or our payment provider) to charge your nominated payment method on each billing cycle until you cancel.

• We may change our pricing for future billing periods. We will provide reasonable notice of any price change before it takes effect on your account, and you may cancel before the new price applies.

• Failure to pay a subscription fee when due may result in suspension of your website and/or Services until payment is received.

4. Cancellations and Refunds

• Cancel anytime. You may cancel your subscription at any time by contacting us. Cancellation stops future billing from your next billing cycle; it does not entitle you to a refund of fees already paid for the current billing period.

• No refunds as standard. Except as set out below or as required by the Australian Consumer Law, fees already paid are non-refundable, including for partial billing periods, unused add-ons, or partially used months/terms.

• Discretionary exceptions. We may, at our sole discretion, consider a refund, credit, or other resolution on a case-by-case basis - for example, in circumstances involving a service failure on our part or genuine unforeseen circumstances. Any such decision is made at our discretion and does not create an entitlement to similar treatment in other cases.

• Nothing in this Section limits any consumer guarantee or other right you may have under the Australian Consumer Law that cannot be excluded, restricted, or modified.

5. Changes to Plans and Services

• You may request to upgrade, downgrade, or add/remove add-ons at any time, subject to any applicable pricing differences, which will apply from your next billing cycle unless otherwise agreed.

• We may update plan inclusions, pricing, or add-on offerings from time to time. Material changes affecting your active subscription will be communicated to you in advance where reasonably possible.

6. Website Ownership and Intellectual Property

• Your content: You retain ownership of the content, branding, logos, and materials you provide to us for use on your website.

• Site ownership: While your subscription is active, you have use and control of the website we build for you, including the ability to request changes at any time. Specific ownership and transfer arrangements (including for the underlying design files, code, or domain, if applicable) are as described in your plan or as otherwise agreed with you in writing at the time of signup.

• Our tools and templates: Any underlying frameworks, templates, design systems, or proprietary tools we use to build and maintain websites remain our intellectual property (or that of our licensors) and are not transferred to you.

• On cancellation: If you cancel your subscription, your website may be taken offline and hosting will cease. We will act reasonably to help you obtain a copy of your content where feasible, but we are not obliged to indefinitely retain or migrate your website after cancellation.

7. Website Requests and Changes

Reasonable website change requests are included as part of your active subscription, in line with the inclusions of your specific plan. We aim to action requests promptly, but response and turnaround times are not guaranteed unless otherwise agreed in writing (e.g. under a "Priority Support" inclusion). We reserve the right to decline requests that are unlawful, offensive, technically unreasonable, or outside the reasonable scope of your plan.

8. Hosting, Availability, and Support

• We provide hosting and maintenance for websites built under an active subscription.

• While we take reasonable steps to maintain website availability, we do not guarantee uninterrupted or error-free access, and we are not liable for downtime caused by factors outside our reasonable control (including third-party hosting infrastructure, internet outages, or events described in Section 12).

• Support is provided in line with your plan's inclusions.

9. Acceptable Use

You must not use our Services to build, host, or publish a website that:

• Is unlawful, fraudulent, defamatory, or infringes any third party's rights;

• Contains malicious code, or is used to distribute malware or engage in phishing;

• Promotes hate speech, violence, or discrimination; or

• Otherwise breaches applicable Australian law.

We may suspend or terminate Services if we reasonably believe your website breaches this Section.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our Services are provided on an "as is" and "as available" basis;

• We exclude all warranties other than those that cannot be lawfully excluded, including certain consumer guarantees under the Australian Consumer Law;

• Our total liability to you arising out of or in connection with the Services, however arising, is limited to the total fees you paid to us in the 3 months immediately preceding the event giving rise to the claim; and

• We are not liable for indirect, consequential, or special losses, including loss of profits, revenue, data, or business opportunity.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (or other applicable law) that cannot lawfully be excluded, restricted, or modified.

11. Termination

We may suspend or terminate your access to the Services if you breach these Terms (including non-payment or unacceptable use under Section 9), with notice where reasonably practicable. You may terminate your subscription at any time in accordance with Section 4.

12. Force Majeure

We are not liable for any failure or delay in performing our obligations where caused by circumstances beyond our reasonable control, including natural disasters, internet or infrastructure outages, third-party service failures, or government action.

13. General

• Governing law: These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

• Entire agreement: These Terms, together with any plan details and written agreements between us, constitute the entire agreement between you and us regarding the Services.

• Changes to these Terms: We may update these Terms from time to time. The updated version will be posted on the Website with a revised "Last updated" date. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

• Severability: If any part of these Terms is found unenforceable, the remainder will continue in full force.

• No assignment: You may not transfer your rights or obligations under these Terms without our written consent.

14. Contact Us

For questions about these Terms, contact us at:

Matcha Design Studio
Email: designer@matchadesignstudio.com
Website: https://matchadesignstudio.com