Acceptance of Terms
By accessing or using the CasualDot website ( casualdot.com) and/or engaging our services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with any part of these terms, you must not use our website or services.
Definitions
- "CasualDot", "we", "us", or "our" refers to CasualDot, a creative agency based in Canberra, Australia.
- "You" or "Client" refers to the individual or entity accessing our website or engaging our services.
- "Services" refers to all creative services we provide, including but not limited to branding, web design, graphic design, video production, and digital marketing.
- "Deliverables" refers to all final creative outputs produced by us under a service agreement.
- "Intellectual Property" refers to all copyrights, trademarks, patents, designs, and other proprietary rights.
Website Use
You agree to use our website only for lawful purposes and in a manner that does not:
- Infringe the rights of any third party
- Introduce viruses, malware, or other harmful code
- Attempt to gain unauthorised access to our systems or data
- Interfere with the operation or security of the website
- Use automated systems to scrape or extract content without permission
We reserve the right to suspend or terminate access to our website for any violation of these terms.
Services & Proposals
All service engagements begin with a written proposal or quote outlining the scope of work, timeline, fees, and deliverables. By accepting a proposal (whether by email, signed agreement, or payment of a deposit), you agree to the terms set out in that proposal.
Any changes to the scope of work must be agreed in writing and may result in revised fees and timelines.
Fees & Payment
- Our fees are set out in the applicable proposal or agreement
- A non-refundable deposit may be required before work commences
- Unless otherwise agreed, payment terms are net 14 days from the invoice date
- Late payments may incur interest at the rate prescribed by the Local Court (Civil Claims) Act 2012 (ACT) or as set out in the agreement
- All prices are in Australian Dollars (AUD) and exclude GST unless stated otherwise
Intellectual Property
Our pre-existing IP: All intellectual property owned by us prior to or developed independently of your project remains our property. This includes our tools, templates, methodologies, and proprietary processes.
Client-owned IP: All materials, content, brand assets, and confidential information you provide to us remain your property.
Assignment of Deliverables: Upon full and final payment, ownership of the final Deliverables (excluding our underlying tools, templates, and methodologies) is transferred to you. We retain the right to showcase completed work in our portfolio, case studies, and promotional materials unless expressly agreed otherwise in writing.
Licences: Where third-party assets (stock imagery, fonts, software) are incorporated into Deliverables, you are granted a licence to use those assets in accordance with the third party's licence terms. We do not warrant that you will own the underlying third-party IP.
Revisions & Approval
Unless otherwise stated in the proposal, we include a reasonable number of revision rounds (typically two to three) within the agreed scope. Additional revisions or out-of-scope changes may incur extra charges.
Final approval must be provided in writing (including email). Once approved, further changes may be treated as new work and charged accordingly.
Confidentiality
We treat all information you share with us as confidential and will not disclose it to third parties except as necessary to perform the Services or as required by law. We may ask you to sign a separate Non-Disclosure Agreement (NDA) for highly sensitive projects.
Limitation of Liability
To the maximum extent permitted by Australian law, our total liability to you for any claim arising from our Services or website use is limited to the amount paid by you for the specific Services giving rise to the claim.
We are not liable for any indirect, consequential, incidental, or punitive damages, including loss of profits, revenue, data, or business opportunities, even if advised of the possibility of such damages.
Nothing in these terms excludes or limits liability that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
Warranties & Disclaimers
We warrant that our Services will be performed with reasonable care and skill. However, we do not guarantee that our website will be error-free, uninterrupted, or free from viruses.
All content on our website is provided for general information purposes only and does not constitute professional advice. You should obtain independent advice before making business decisions based on our content.
Termination
Either party may terminate a service engagement by giving reasonable written notice. Upon termination:
- You remain liable for all fees incurred up to the date of termination
- We will deliver all completed and paid-for Deliverables to you
- Any deposit paid is non-refundable except at our discretion
- Both parties' confidentiality obligations survive termination
Governing Law & Disputes
These Terms are governed by the laws of the Australian Capital Territory and the Commonwealth of Australia. Any dispute arising from these Terms or our Services shall first be resolved through good-faith negotiation. If unresolved, disputes may be referred to mediation or arbitration in Canberra, ACT.
Third-Party Services & Links
Our website may contain links to third-party websites or integrate with third-party services (e.g., Shopify, payment gateways, analytics providers). We are not responsible for the content, terms, or practices of those third parties. Your use of third-party services is governed by their respective terms.
Changes to These Terms
We may update these Terms of Service from time to time. The updated terms will be posted on this page with a revised effective date. Continued use of our website or services after changes constitutes acceptance of the updated terms.
Contact Us
If you have any questions about these Terms of Service, please contact us: