1. About these terms
This website is operated by Brainy Content in Warragul, Victoria. By using the website, you agree to these terms. If you engage us for services, the accepted proposal, scope, quote or service agreement will apply in addition to these website terms and will prevail to the extent of any inconsistency.
2. Website information
We aim to keep website information accurate and useful, but general content is not professional, legal, financial or business advice. Examples, portfolio material, indicative pricing and service descriptions may change and do not create a binding offer unless confirmed in writing.
3. Quotes, scope and changes
Project inclusions, deliverables, fees, payment stages, timing and responsibilities are set out in the relevant proposal or agreement. Work outside the agreed scope may require a revised quote, change request or additional fees. Timelines depend on timely access, content, feedback and approvals from the client.
4. Client responsibilities
Clients must provide accurate instructions, lawful content, required access and timely approvals. A client must have permission to supply all text, images, trademarks, data and other materials provided to us, and remains responsible for the legality and accuracy of those materials.
5. Fees and payment
Fees, deposits, recurring charges, payment dates and cancellation arrangements are specified in the relevant proposal or agreement. Unless stated otherwise, invoices are payable by the due date shown. We may pause work or access to unpaid deliverables where an invoice is overdue, subject to applicable law.
6. Intellectual property
Brainy Content retains ownership of its pre-existing tools, systems, methods, templates, code libraries and know-how. Ownership or licensing of final project deliverables is governed by the relevant proposal or agreement and may be conditional on full payment. Third-party software, fonts, stock assets, plugins and platforms remain subject to their own licence terms.
7. Third-party platforms
Websites, advertising, analytics, hosting, social media, search engines, payment systems and other services may rely on third-party platforms. Their availability, policies, pricing, algorithms and performance are outside our control. Clients are responsible for maintaining required third-party accounts, licences and fees unless agreed otherwise.
8. Performance and results
We do not guarantee particular rankings, traffic, enquiries, sales, advertising results or uninterrupted third-party service. Results depend on many factors including the market, offer, budget, competition, platform changes and client implementation. Any forecasts or examples are indicative only.
9. Acceptable use
You must not misuse this website, attempt unauthorised access, introduce malicious code, scrape the website unreasonably, interfere with its operation, infringe intellectual property rights or use the website for unlawful, misleading or harmful activity.
10. Liability and Australian Consumer Law
Nothing in these terms excludes, restricts or modifies rights or guarantees that cannot lawfully be excluded, including rights under the Australian Consumer Law. To the extent permitted by law, Brainy Content is not liable for indirect or consequential loss arising from use of this website or reliance on general website information.
11. Links, changes and governing law
Links to third-party websites are provided for convenience and are not endorsements. We may update this website and these terms from time to time. These terms are governed by the laws of Victoria, Australia, and the parties submit to the courts of Victoria and applicable Commonwealth courts.
12. Contact
Questions about these terms can be sent to [email protected], by phone on 0456 314 710, or by post to 71A Queen Street, Warragul VIC 3820.