Terms & Conditions

1. Foundation

1.1. Who these Terms apply to

These Terms are between:

Dygiphy

DYGIPHY PTY LTD as Trustee for the Ashley Family Trust

ABN 44 241 648 267

Canterbury, Melbourne, Victoria

Email: contact2026@dygiphy.com.au

Phone: 0421 599 034

and

you, being the person, business, company, organisation or other entity that accepts a proposal, pays an invoice, purchases a service, renews a service, submits a support request, or otherwise asks Dygiphy to provide services.

In these Terms:

• Dygiphy, we, us and our mean Dygiphy.
• you and client mean the customer receiving the services.
• services means any services supplied by Dygiphy, including website design, website development, WordPress services, hosting, support, maintenance, domain management, email setup, copywriting, graphic design, branding, photography, Google Ads management, AI integrations, custom applications, e-commerce, payment integrations, booking systems, membership portals, forms, API integrations and related consulting.
• proposal means any written quote, proposal, order form, checkout summary, invoice, support plan, renewal notice, email confirmation or written scope that describes the services.
• deliverables means the final work product we agree to provide, such as website files, page designs, written copy, images, logos, campaign structures, code, configuration, documentation, reports or other completed materials.
• third-party services means services, software, platforms, plugins, APIs, providers, gateways, hosting infrastructure, domain registrars, advertising platforms, AI models, analytics tools, payment processors, email systems or other products not owned or controlled by Dygiphy.

1.2. How you accept these Terms

You accept these Terms when you do any of the following:

• tick or click an acceptance box;
• submit an online order or renewal;
• accept a proposal;
• pay an invoice, deposit or renewal fee;
• ask us to start work;
• submit a support request;
• continue using a service after being notified that these Terms apply.

If you accept these Terms on behalf of a business or organisation, you confirm that you have authority to bind that business or organisation.

If you do not have authority, you may be personally responsible for the order, payment and obligations you accepted.

1.3. What makes up our agreement

Our agreement with you is made up of:

1. the proposal or order you accepted;

2. these Terms;

3. any service-specific terms or plan details we provide in writing;

4. any third-party terms that apply to third-party services used in your project.

If there is inconsistency, the proposal or order takes priority for the specific project scope, price and timing. These Terms apply to everything else.

Marketing pages, examples, portfolio items, general website statements and informal discussions are not part of the agreed scope unless they are specifically included in your proposal.

1.4. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee or warranty that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you may be entitled to cancel your service contract with us and obtain a refund for the unused portion or compensation for its reduced value. You may also be entitled to compensation for other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you may be entitled to have the problem rectified within a reasonable time.

Where we are permitted by law to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

1.5. Plain-English summary

This summary is included to help you understand the main points. The full Terms still apply.

• We will provide the services described in your proposal.
• You need to provide information, access, feedback and approvals on time.
• Fixed-price work includes only the agreed scope.
• Changes, extra revisions, delays caused by you, and work outside scope are chargeable.
• Once your project is finished and ready for you to review or launch, the balance becomes payable even if you are not ready to go live.
• Hosting and support are ongoing services, not one-off website build inclusions unless your proposal says otherwise.
• Support is chargeable unless we have clearly agreed otherwise in writing.
• You own your business content and domain name.
• We keep ownership of our pre-existing tools, code, systems, know-how, working files and methods.
• Final deliverables are licensed or transferred to you only after payment is made in full.
• We do not guarantee Google rankings, advertising performance, sales, leads, uptime, AI accuracy, third-party platform behaviour or uninterrupted service.
• Your Australian Consumer Law rights still apply.

2. Financial Terms

2.1. Prices, GST and payment

Prices are in Australian dollars.

Unless stated otherwise, prices displayed to Australian customers are GST inclusive.

You must pay all fees by the due date shown on the invoice, order or renewal notice.

For project work, we may require a deposit before work begins. Unless the proposal says otherwise, website projects are payable as a 50% deposit before work begins and a 50% balance before launch, handover or final delivery.

The balance also becomes payable when the project reaches practical completion under clause 3.6, whether or not the website has been launched or handed over. Payment of the balance is not deferred by a delay in your feedback, approval, content, access or preferred launch date.

For ongoing services, fees are payable in advance unless otherwise agreed.

Third-party costs may be billed directly by the provider or passed on to you. These may include domain fees, hosting infrastructure, plugins, software, stock media, printing, Google Ads spend, AI model usage, payment gateway fees, API charges and other provider costs.

Where a third-party cost is variable or usage-based, you are responsible for the actual cost incurred.

2.2. Deposits, cancellations and refunds

A deposit secures time in our schedule and allows work to begin.

If you cancel before work has started, we will refund the deposit minus any non-recoverable costs or commitments already incurred.

If you cancel after work has started, we may retain a reasonable amount of the deposit or fees paid to cover:

• work already performed;
• time reserved for your project;
• administration and planning;
• third-party costs;
• non-cancellable commitments;
• losses reasonably caused by the cancellation.

We will not retain more than the amount reasonably owed to us.

Change-of-mind refunds are not available for work already performed, approved third-party costs, custom work created for you, or services already supplied.

This clause does not limit any rights you have under the Australian Consumer Law.

2.3. Late payment

If an invoice is overdue, we may:

• pause work;
• delay launch or delivery;
• suspend hosting, support, maintenance or other ongoing services;
• withhold final deliverables that have not yet been paid for;
• charge reasonable debt recovery costs;
• charge interest on overdue amounts at 2% per month, calculated daily, where lawful.

Before suspending an essential live service for non-payment, we will usually give reasonable notice. We may suspend immediately if there is a security risk, legal risk, misuse, fraud, abuse or serious breach.

You must not withhold payment for completed work because of a dispute about a separate item. You may withhold only the amount genuinely in dispute.

3. Service Delivery

3.1. Scope of services

We provide the services set out in the proposal.

Unless the proposal clearly says otherwise, a service does not include:

• work not listed in the proposal;
• unlimited revisions;
• ongoing support after launch;
• legal, financial, medical, tax, accessibility, privacy or regulatory advice;
• paid advertising spend;
• third-party subscriptions, licences, premium plugins, fonts, stock images, API usage, printing, domain registration fees, government fees or platform fees;
• data entry beyond the agreed scope;
• migration of all historical data, emails, analytics, orders, users or files;
• formal security penetration testing;
• formal accessibility certification;
• custom documentation or training manuals;
• out-of-hours emergency support;
• services for systems we did not build, host or maintain.

We may rely on reasonable assumptions when scoping a project. If those assumptions turn out to be incorrect, we may revise the scope, price or timeline.

3.2. Your responsibilities

You must:

• provide accurate information about your business, products, services, pricing, qualifications, claims and legal requirements;
• provide content, images, access credentials, approvals and feedback when needed;
• ensure you have the right to use all materials you give us;
• check all work carefully before approval or publication;
• make sure your business complies with laws that apply to your industry;
• obtain any licences, permits, consents, model releases, property releases, privacy consents or regulatory approvals needed for your business;
• keep your own records and backups of important business information;
• maintain secure passwords and account access;
• notify us promptly of errors, suspected security issues or unauthorised access;
• communicate respectfully and in good faith.

You are responsible for the accuracy, legality and suitability of your business information, offers, claims, images, testimonials, product descriptions, health claims, professional claims, financial claims, legal claims, pricing, refund policies, shipping information and other content.

We may refuse to publish or work on content that we reasonably consider unlawful, misleading, unsafe, discriminatory, infringing, harmful, unethical, malicious, spammy, deceptive or likely to damage Dygiphy’s reputation.

3.3. Timelines and delays

We will use reasonable care to meet agreed timelines.

Timelines depend on your prompt cooperation. This includes providing content, answers, access, feedback and approvals.

A timeline may change if:

• you delay providing required materials;
• you request changes;
• the scope changes;
• third-party services are delayed or unavailable;
• illness, emergency, technical failure or events outside reasonable control occur;
• the project turns out to be more complex than reasonably expected.

If you do not respond for 14 days or more, we may pause the project.

If you do not respond for 30 days or more after a written reminder, we may move the project out of active production. Restarting the project may require a revised timeline and restart fee.

If you do not respond for 60 days or more after a written reminder, we may treat the project as cancelled by you. You must pay for work completed and costs incurred up to that point.

Pausing a project, moving it out of active production or treating it as cancelled does not defer or reduce payment for work already completed. If the project reached practical completion under clause 3.6 before the delay began, the balance remains payable in full.

3.4. Changes to scope

A scope change includes any request that changes, adds to or removes from the agreed work.

Examples include:

• extra pages;
• new features;
• design changes beyond included revision rounds;
• new content requirements;
• additional integrations;
• changed business requirements;
• replacing approved work;
• changing direction after work has started;
• urgent or out-of-hours work;
• fixing issues caused by client edits or third-party changes.

We may charge for scope changes at our current hourly rate or support credit rate.

We may also revise the timeline.

Where practical, we will tell you before proceeding with chargeable out-of-scope work. If you ask us to proceed urgently, you agree to pay the reasonable cost of that work.

3.5. Review, feedback and approval

You will have reasonable opportunities to review work during the project.

Feedback must be clear, specific and provided in writing.

If your package includes a set number of revision rounds, a revision round means one consolidated set of requested changes. Additional rounds are chargeable.

Approval may be given by email, written message, payment, written sign-off, publishing approval, or other clear written confirmation.

If we send work for review and you do not provide feedback within 10 business days, we may send a reminder. If you still do not respond within a further 5 business days, we may treat the work as approved for the purpose of invoicing, scheduling and moving the project forward.

Approval means you accept that the work is complete for the relevant stage, subject to correction of genuine defects.

3.6. Practical completion and preflight review

Before launch, we usually place website work on a preflight or staging address so you can review it in a live-like environment. Preflight review is part of the project, not a separate stage of work.

A project reaches practical completion when the agreed scope is substantially complete and the work is ready for your review, launch or handover, subject only to correction of genuine defects and to items that depend on your content, access, approval or preferred launch date.

We will confirm practical completion in writing. Work sent for review that is treated as approved under clause 3.5 is also treated as having reached practical completion, provided the rest of the agreed scope is substantially complete.

On practical completion, the balance of the project fee becomes payable under clause 2.1. Launch, handover and final delivery remain subject to payment in full.

If you consider the project has not reached practical completion, you must tell us in writing within the review period in clause 3.5, with specific reasons based on the agreed scope. A change of preference, a new requirement, or an item outside the agreed scope is not a reason to defer practical completion or payment.

Practical completion does not reduce our obligation to correct genuine defects, complete remaining items within the agreed scope, or launch the website once payment has been made and you have provided what we need from you.

Holding a completed website on preflight after practical completion may be chargeable where it requires continued hosting, software updates, security maintenance or re-testing beyond the agreed scope.

3.7. Defects and launch support

A defect is a measurable failure of a delivered item to perform substantially in accordance with the agreed scope.

A defect does not include:

• a change in preference;
• new requirements;
• issues caused by client edits;
• issues caused by third-party changes;
• problems caused by unsupported browsers, devices or software;
• issues caused by incorrect information supplied by you;
• changes in search engine rankings, advertising performance or market behaviour;
• issues caused by failing to follow instructions;
• issues caused by third-party developers or unauthorised access;
• issues outside the agreed scope.

For website projects, we include a 30-day launch defect period unless the proposal says otherwise. During that period, we will fix verified launch defects at no charge.

The launch defect period starts on launch. If launch or handover is deferred for reasons within your control, it starts 30 days after practical completion.

After the launch defect period, support and maintenance are chargeable unless the issue is something we are legally required to remedy at no charge.

You must report defects promptly and provide enough detail for us to reproduce or assess the issue.

4. Website Design Services

4.1. Website design and development

Website services may include design, WordPress development, theme development, page layout, copywriting, basic search-engine-friendly structure, mobile responsiveness, launch support, hosting setup, domain configuration, SSL setup and other services listed in your proposal.

Unless stated otherwise:

• websites are designed for current mainstream browsers and devices at the time of development;
• mobile responsiveness is included;
• compatibility with obsolete, unusual or low-usage browsers and devices is not included;
• formal accessibility compliance or WCAG certification is not included;
• formal security testing is not included;
• advanced SEO campaigns are not included;
• speed scores, Core Web Vitals, rankings, traffic, leads or sales are not guaranteed;
• website copy is based on information you provide and our reasonable industry research;
• WordPress websites are built to be reasonably manageable by the client, but complex edits may still require professional support.

You must review all website content before launch, including names, addresses, phone numbers, pricing, service descriptions, qualifications, testimonials, legal claims, product information, privacy information and compliance statements.

4.2. Search engine optimisation

We build websites with reasonable search-engine-friendly foundations, such as clear structure, readable content, responsive design and basic technical setup.

We do not guarantee:

• first-page rankings;
• specific keyword positions;
• traffic increases;
• enquiry volumes;
• sales;
• Google indexing timeframes;
• how search engines interpret or display your website.

Search engines change their algorithms and results independently of Dygiphy.

Ongoing SEO strategy, link building, content campaigns, local SEO management and analytics reporting are separate services unless included in your proposal.

4.3. Website footer credit and monitoring signature

Websites designed by Dygiphy may include a discreet footer credit such as “site by Dygiphy”.

The footer credit may also include technical markup used for monitoring, identification or maintenance.

You may request removal of the visible footer credit. Removal may affect monitoring, diagnostics or support. If the technical monitoring signature is removed, modified, blocked or obscured, we may no longer be able to provide uptime monitoring or proactive alerts.

Reinstating monitoring after removal may be chargeable.

4.4. Google Ads services

Google Ads services may include strategy, account review, keyword research, campaign setup, campaign restructure, ad copy, conversion tracking, landing page recommendations, ongoing optimisation and reporting.

Your Google Ads budget is separate from Dygiphy’s fees and is usually paid directly to Google.

We do not guarantee:

• ad approval;
• ad position;
• impression share;
• clicks;
• conversions;
• leads;
• sales;
• cost per click;
• cost per lead;
• return on ad spend;
• uninterrupted campaign delivery;
• account approval or continued account access.

Google controls its advertising platform, policies, review processes, auctions, billing, suspensions and enforcement.

You are responsible for ensuring that your ads, offers, landing pages, business model, products, services and claims comply with applicable laws and Google policies.

We may refuse to run or continue campaigns that we reasonably consider misleading, unlawful, non-compliant, high-risk or likely to breach platform policies.

Where we manage Google Ads for you, we will be transparent about Dygiphy management fees and Google advertising costs. We will provide reasonable access to performance information and, where applicable, Google Ads customer IDs on request.

4.5. AI services

AI services may include AI chatbots, AI-powered search, content tools, data analysis, recommendations, email automation, workflow automation, prompt design, AI middleware, model configuration and custom AI integrations.

AI systems can produce inaccurate, incomplete, outdated, biased, unexpected or unsuitable outputs.

You must not rely on AI output without human review.

AI output must not be treated as legal, medical, financial, accounting, therapeutic, safety, engineering, compliance or other professional advice.

Unless specifically agreed in writing, AI services must not be used for:

• automated decisions that materially affect people’s rights, eligibility, employment, credit, health, legal status or access to essential services;
• emergency advice;
• diagnosis or treatment;
• legal advice;
• financial advice;
• deception, impersonation or manipulation;
• unlawful surveillance;
• processing sensitive information without consent and safeguards;
• generating infringing, defamatory, discriminatory, harmful or unlawful content.

You are responsible for the data, documents, prompts, knowledge bases and business rules you provide for AI systems.

You must ensure you have the right to use any data supplied to us or processed through an AI system.

AI model providers, APIs, pricing, capabilities, rate limits, privacy settings and availability may change. We are not responsible for third-party AI platform changes, outages, model behaviour or pricing changes.

Ongoing AI usage costs are separate from setup costs unless stated otherwise.

4.6. Custom applications and integrations

Custom application services may include booking systems, payment processing, membership portals, e-commerce, forms, enquiry systems, API integrations, email automation, custom WordPress plugins, dashboards, calculators and other web-based functionality.

Custom work depends on clear requirements. If requirements are incomplete, we will build based on reasonable assumptions.

You are responsible for testing custom functionality during the review period.

Unless stated otherwise, custom development does not include:

• unlimited edge cases;
• integrations with every possible third-party system;
• formal penetration testing;
• formal load testing;
• legal compliance review;
• long-term support for deprecated APIs;
• support for undocumented third-party behaviour;
• data cleaning;
• manual correction of inconsistent historical data;
• rebuilding the system if third-party platforms change.

Third-party APIs and platforms may change, break, restrict access, increase prices, impose limits or discontinue services. Work required because of those changes is chargeable unless we are legally responsible for the issue.

4.7. E-commerce and online payments

E-commerce and payment services may include WooCommerce setup, product catalogues, payment gateway integration, shipping configuration, tax settings, customer accounts, subscriptions, memberships, deposits, instalments and related features.

You are the seller or merchant of record for your products and services.

You are responsible for:

• product descriptions;
• prices;
• stock levels;
• shipping;
• delivery timeframes;
• refunds;
• warranties;
• consumer guarantees;
• product safety;
• tax settings;
• GST treatment;
• privacy notices;
• terms of sale;
• chargebacks;
• fraud;
• customer disputes;
• regulated products;
• prohibited products;
• compliance with payment processor terms.

We configure the technical system based on the information you provide. We do not provide tax, legal, accounting, product safety or consumer law advice.

Payment processing is provided by third-party gateways such as Stripe, PayPal, Square or other providers. Their terms, fees, approvals, risk checks, settlements, holds, refunds, chargebacks and account decisions are outside Dygiphy’s control.

We do not intentionally store full credit card details on your website unless specifically agreed and lawfully implemented. Payment card handling should occur through PCI-compliant third-party payment providers.

5. Photography Services

5.1. Photography

Photography services may include portraits, headshots, product photography, real estate and interiors, commercial photography, business photography, image editing and related services.

Unless agreed otherwise:

• we retain copyright in photographs;
• you receive a broad, non-exclusive licence to use final edited images for your own business marketing, website, social media, print and promotional purposes after full payment;
• you may not resell, sublicense, commercially redistribute or provide images to stock libraries without our written consent;
• raw files are not included;
• final image selection, editing style and delivery format will be as agreed or otherwise reasonably determined by Dygiphy;
• image archiving is not guaranteed indefinitely.

You are responsible for:

• location access;
• parking and safe working conditions;
• permissions and permits;
• model releases;
• property releases;
• consent for staff, contractors, customers, patients, children, bystanders or identifiable people;
• ensuring products, premises and people are ready at the shoot time;
• compliance with workplace health and safety requirements.

Photoshoots may be rescheduled due to weather, safety, illness, equipment failure or circumstances outside reasonable control.

If you cancel or reschedule a shoot with less than 48 hours’ notice, we may charge a reasonable cancellation or rescheduling fee, including unrecoverable costs and reserved time.

6. Graphic Design and Copywriting Services

6.1. Graphic design and branding

Graphic design and branding services may include logo design, brand identity, style guides, business cards, print-ready artwork, social media graphics and related design work.

Unless stated otherwise:

• concepts, unused designs and drafts remain Dygiphy property;
• final approved client-specific logo artwork is assigned to you upon full payment, to the extent it is capable of assignment;
• final approved brand and design deliverables are licensed to you for your business use upon full payment;
• pre-existing Dygiphy tools, templates, methods, layouts, effects, systems and know-how remain Dygiphy property;
• fonts, stock assets and third-party materials remain subject to their own licences;
• editable source files are not included unless the proposal says so;
• print management, printing costs and delivery costs are not included unless stated.

You are responsible for checking spelling, contact details, colours, layout, paper stock, quantities, finishes and all other details before print approval.

Printed colours can vary between screens, proofs, printers, materials and production runs. We are not responsible for normal print variation.

6.2. Copywriting and content

Copywriting is based on information you provide, our discussions with you and reasonable research.

You must review all written content before approval or publication.

You are responsible for the accuracy of facts, claims, pricing, qualifications, legal statements, professional statements, compliance claims, guarantees, testimonials and industry-specific information.

We do not provide legal, financial, medical, tax, therapeutic, building, engineering or other regulated professional advice.

Upon full payment, final approved copy written specifically for you may be used by you for your business purposes.

Drafts, unused concepts, internal notes, prompts, research methods and working materials remain Dygiphy property.

7. Hosting Services

7.1. Hosting

Dygiphy hosting is a managed service exclusively for websites built and maintained by Dygiphy. We do not host websites that are maintained by third-party web developers or designers, nor do we provide third-party developers or designers with hosting access, control panel access, files, or server credentials. This is never permitted under any circumstances. If a third-party developer or designer is engaged to maintain, access, or modify a website hosted by Dygiphy, or is granted access to the site, hosting services will be terminated immediately.

Hosting may include Australian server hosting, SSL management, daily backups, security monitoring, uptime monitoring, software updates, email setup, domain configuration and basic technical support, depending on your plan.

Hosting is not guaranteed to be uninterrupted or error-free.

We are not responsible for downtime, data loss, performance issues or security issues caused by:

• third-party infrastructure failures;
• DNS propagation;
• domain expiry or registrar issues;
• third-party plugins, APIs or software;
• client edits;
• third-party developer changes;
• malware introduced through compromised accounts;
• brute force attacks, denial-of-service attacks or other cyber incidents;
• payment failure;
• force majeure events;
• issues outside our reasonable control.

We may perform scheduled or emergency maintenance. Where practical, scheduled maintenance will occur outside peak hours.

Emergency maintenance may occur without notice where required for security, stability or service protection.

7.2. Hosting and third-party developers

Because managed hosting includes security, updates, backups, and support, third-party access or changes represent an unacceptable security and operational risk.

We do not allow any third-party developers, designers, or agencies to access, modify, or maintain websites hosted on our servers. If you decide to engage a third-party developer, designer, or agency to perform work on your website, you must migrate the website to an external hosting provider before that work begins.

If any third-party developer, designer, or agency is granted access to, or performs modifications on, a website hosted by Dygiphy, we will terminate hosting services immediately without notice.

We will not deliberately obstruct a domain transfer or website migration, but all outstanding invoices must be paid in full, and any migration assistance we provide is chargeable at our prevailing support rate.

7.3. Backups and data recovery

Where backups are included in your hosting plan, we perform backups as a safety measure.

Backups are not a substitute for your own business records.

We do not guarantee that every backup will be complete, current, restorable or free from corruption.

Data recovery is limited to what is reasonably available from our backup systems.

Recovery work may be chargeable if the issue was caused by client action, third-party action, malware, external systems, deleted content, unsupported changes or events outside our control.

7.4. Email services

Email setup and server-side email support may be included in hosting services.

Unless agreed otherwise, email support does not include:

• configuring every personal device;
• troubleshooting home or office internet connections;
• repairing local mail software;
• recovering emails deleted from your device;
• migrating large historical mailboxes;
• training in email software;
• managing third-party email providers not supplied or configured by Dygiphy.

Email delivery can be affected by spam filters, sender reputation, DNS records, recipient systems, blacklists, authentication settings and third-party providers. We do not guarantee that every email will be delivered or received.

Misuse of email services, including spam, phishing, malware, bulk unsolicited email or unlawful content, may result in immediate suspension.

7.5. Domain names

You own domain names registered for your business, subject to the rules and eligibility requirements of the relevant domain authority and registrar.

If we manage a domain for you, we do so as your technical manager or reseller, not as the beneficial owner.

You are responsible for ensuring that:

• your domain registration details are accurate;
• you remain eligible to hold the domain;
• you approve renewal payments on time;
• your domain does not infringe another person’s rights;
• your contact details remain current.

We are not responsible for domain loss, expiry, suspension, dispute, transfer delay or DNS failure caused by inaccurate information, non-payment, registrar action, eligibility issues, third-party disputes, provider failure or events outside our reasonable control.

Domain transfers are subject to registrar rules, registry rules, identity checks and processing times.

8. Support Services

8.1. Support services

Support is chargeable unless we have expressly agreed in writing that a specific item is included at no charge.

Support may include website edits, troubleshooting, WordPress assistance, layout updates, new pages, content changes, copywriting, graphic design, photography editing, custom development, Google Ads work, AI work, plugin updates, security work, consulting and other professional services.

Support is billed either:

• at the current casual hourly rate in 15-minute increments; or
• against prepaid support credit in 5-minute increments.

By submitting a support request, you authorise us to perform and charge for reasonable work needed to assess, respond to and complete that request.

If a request is likely to be substantial, we will seek approval before proceeding where practical.

Urgent requests may be actioned first and discussed afterwards where delay would create a material risk to your website, data, security or business continuity.

8.2. Support credit

Support credit can be purchased in advance and used for eligible Dygiphy services, excluding new website builds and full website refreshes unless we expressly agree otherwise in writing.

Support credit:

• is applied at the discounted rate attached to the credit block purchased;
• is deducted based on time spent;
• may be used for eligible Dygiphy support work unless we say otherwise;
• cannot be used for new website builds or full website refreshes unless we expressly agree otherwise in writing;
• does not expire while your Dygiphy hosting remains active and paid;
• is not redeemable for cash;
• is not transferable without our written consent;
• is not refundable for change of mind.

If your hosting ends, unused support credit may be used for approved transition, migration or final support work for 30 days after the hosting end date. After that, unused credit is forfeited unless we agree otherwise or the law requires otherwise.

If Dygiphy stops trading or terminates your hosting without cause, we will refund unused support credit for services not supplied.

9. Rights and Responsibilities

9.1. Privacy, data and security

Each party must comply with privacy laws that apply to them.

You must not provide personal information, sensitive information, health information, customer data, employee data or confidential data to us unless it is reasonably required for the services and you have the right to provide it.

You are responsible for any privacy notices, consents and legal basis required for your collection and use of personal information.

Where we handle personal information for you, we will use it for the purpose of providing the services and related administration.

We will take reasonable steps to protect information we hold, but no system is completely secure.

You must promptly notify us if you become aware of any actual or suspected data breach, unauthorised access, compromised password, malware, suspicious activity or privacy incident affecting a service we provide.

If a data breach occurs, we will take reasonable steps to investigate, contain and assist with legally required notifications. Unless the breach was caused by our breach of these Terms or negligence, investigation and remediation work may be chargeable.

9.2. Passwords and access

You must provide access credentials, administrator access, DNS access, hosting access, analytics access, advertising access, registrar access or other access reasonably required for the services.

You must not send passwords through insecure channels where a more secure option is available.

You are responsible for users you authorise, including employees, contractors and third-party providers.

We may require multi-factor authentication or other security controls.

We may refuse to work with insecure access arrangements.

9.3. Third-party services

Many digital services depend on third-party services.

You agree that third-party services are subject to their own terms, policies, prices, limits and availability.

We are not responsible for third-party:

• outages;
• bugs;
• price increases;
• discontinued services;
• licence changes;
• policy enforcement;
• rejected accounts;
• suspended accounts;
• data loss;
• security incidents;
• performance issues;
• API changes;
• billing disputes;
• support delays.

We may recommend third-party services, but you are responsible for deciding whether they are suitable for your business unless we expressly agree to make that decision as part of the scope.

Work required because of third-party changes is chargeable unless caused by our breach of these Terms.

9.4. Intellectual property

You keep ownership of materials you provide to us.

You grant us a licence to use, copy, modify and adapt those materials as needed to provide the services.

You confirm that you have all rights needed for us to use those materials.

We keep ownership of:

• our pre-existing materials;
• tools;
• methods;
• know-how;
• systems;
• libraries;
• workflows;
• working files;
• source files not expressly included;
• reusable code;
• internal frameworks;
• development processes;
• prompts and AI workflow methods;
• draft concepts not selected;
• trade secrets.

After full payment, you receive the rights stated in the relevant service clause or proposal.

Unless stated otherwise, you receive a perpetual, worldwide licence to use final deliverables for your own business purposes.

You must not resell, sublicense, redistribute, package, copy for third parties or commercially exploit our deliverables outside your own business use without written permission.

9.5. Source files and working files

Editable source files, raw design files, layered files, raw photo files, development repositories, server configuration, internal notes, unused concepts, prompts, automation recipes and working files are not included unless the proposal expressly says they are included.

Where source files are supplied, third-party licence restrictions may still apply.

We may charge for preparing, packaging, documenting or transferring source files.

9.6. Portfolio use

Unless you ask us in writing not to, we may refer to completed work in our portfolio, case studies, proposals, social media, award submissions and marketing.

We will not intentionally disclose your confidential information.

If your project is confidential, sensitive or not yet public, tell us in writing before work begins.

We may use general descriptions of the type of work performed even where the client name is not disclosed.

9.7. Confidentiality

Each party must keep the other party’s confidential information confidential.

Confidential information does not include information that:

• is already public;
• becomes public other than through breach;
• was already known lawfully;
• is independently developed;
• must be disclosed by law.

We may disclose confidential information to employees, contractors, professional advisers and service providers who need to know it for the purpose of providing the services or managing our business.

This obligation continues after the services end.

9.8. Acceptable use

You must not use our services, hosting, systems or deliverables for:

• unlawful activity;
• misleading or deceptive conduct;
• spam;
• phishing;
• malware;
• hacking;
• infringement;
• harassment;
• hate speech;
• exploitation;
• illegal adult content;
• unauthorised scraping;
• excessive resource use;
• attempts to bypass security;
• activities that may damage Dygiphy, our providers, other clients or the public.

We may suspend services immediately if we reasonably believe there is unacceptable use.

9.9. Regulated industries and high-risk content

Some clients operate in regulated industries such as health, wellness, professional services, finance, legal services, construction, education, real estate, alcohol, employment, migration, insurance or therapeutic services.

We can help with website, content and digital implementation, but we do not replace your professional, legal or regulatory advisers.

You are responsible for ensuring your content, claims, advertising, forms, disclaimers, booking flows, privacy practices and customer communications comply with the laws and professional rules that apply to your business.

We may require written approval from your compliance adviser before publishing high-risk claims.

10. Service Management

10.1. Suspension

We may suspend services if:

• payment is overdue;
• you breach these Terms;
• your website or account creates a security risk;
• we detect malware, spam, phishing or misuse;
• third-party services require suspension;
• your content appears unlawful or harmful;
• you fail to provide required information;
• your conduct prevents reasonable service delivery;
• we need to protect our systems, clients, providers or reputation.

Where practical, we will give notice and an opportunity to fix the issue.

We may suspend immediately where delay could cause harm, legal risk, security risk or service disruption.

Fees remain payable during suspension unless the suspension was caused by our breach of these Terms or negligence.

10.2. Termination by you

You may terminate ongoing services by giving written notice.

You must pay all fees, charges and costs incurred up to the termination date.

Prepaid hosting, support credit and other advance payments are dealt with under the relevant clauses.

For project work, cancellation after work has started is dealt with under the deposits, cancellations and refunds clause.

10.3. Termination by Dygiphy

We may terminate services by written notice if:

• you do not pay overdue amounts after notice;
• you materially breach these Terms and do not fix the breach within a reasonable time;
• you repeatedly delay or prevent the project;
• you ask us to do unlawful, unsafe or unethical work;
• you misuse services;
• your website or account creates security, legal or operational risk;
• you permit or request a third-party developer, designer, or agency to access, modify, or maintain a website hosted by Dygiphy, or request credentials for them;
• you engage in abusive, threatening, harassing or seriously disrespectful conduct;
• continuing the services would be impractical, unsafe or commercially unreasonable.

We may terminate immediately where required to protect security, comply with law, prevent harm or respond to serious misconduct.

10.4. Effect of termination

When services end:

• you must pay all outstanding amounts;
• we may stop work;
• we may disable access to unpaid services;
• licences to unpaid deliverables are suspended until payment is made;
• ongoing hosting, support, monitoring and maintenance end;
• we may provide reasonable migration assistance at our current support rate;
• each party must return or delete confidential information where reasonably requested, subject to legal, backup and record-keeping requirements.

Termination does not affect rights and obligations that arose before termination.

10.5. Handover and migration

After full payment, we will provide reasonable handover assistance for websites, domains or services we manage.

Migration work is chargeable unless the proposal says otherwise.

We may decline to provide internal tools, server architecture, proprietary systems, working files, raw files or materials not included in your purchased deliverables.

You are responsible for selecting and paying any new provider.

We are not responsible for issues caused by a new provider, new host, DNS changes, migration errors by others, lost emails, changed server environments or post-migration modifications.

10.6. Professional conduct

Both parties agree to communicate respectfully and constructively.

Genuine concerns should be raised clearly, specifically and in writing so they can be assessed and resolved.

You must not use threats, abuse, harassment, defamatory statements, repeated bad-faith complaints or refusal to pay undisputed invoices as a negotiation tactic.

We will give a written warning before terminating for conduct unless the conduct is serious, threatening, unsafe or unlawful.

10.7. Notices

Formal notices must be sent by email or another written method agreed by the parties.

Notices to Dygiphy must be sent to contact2026@dygiphy.com.au unless we nominate another address.

You are responsible for keeping your contact details current.

A notice sent by email is treated as received when sent, unless the sender receives an automated delivery failure notice.

10.8. Changes to these Terms

The Terms accepted at the time of purchase apply to that purchase.

For ongoing services, renewals and new support requests, the current Terms at the time of renewal or request apply.

We may update these Terms from time to time.

If a change materially affects an ongoing paid service, we will give reasonable notice where practical. If you do not accept the change, you may cancel the affected ongoing service before the change takes effect, subject to payment for services already supplied and non-recoverable costs.

10.9. Subcontractors

We may use subcontractors, suppliers and specialist providers to help deliver services.

We remain responsible for work we subcontract, except for third-party services supplied under their own terms.

You agree that we may share information with subcontractors and providers where reasonably needed to provide the services.

10.10. Force majeure

Neither party is liable for delay or failure to perform caused by events outside reasonable control.

This may include natural disasters, illness, accidents, power failure, internet failure, cyber attack, war, terrorism, pandemic, government action, supplier failure, platform outage, industrial action, extreme weather or other events beyond reasonable control.

The affected party must take reasonable steps to reduce the impact and resume performance.

If a force majeure event continues for more than 30 days, either party may terminate the affected services on written notice.

10.11. Assignment

You must not assign or transfer your rights or obligations under these Terms without our written consent.

We may assign or transfer our rights and obligations as part of a business sale, restructure or transfer of operations, provided this does not materially reduce your rights.

11. Legal Framework

11.1. Liability

To the maximum extent permitted by law:

• we are not liable for indirect, incidental, special or consequential loss;
• we are not liable for loss of profit, revenue, opportunity, goodwill, anticipated savings, rankings, traffic, leads, sales, data or business interruption;
• we are not liable for third-party services, platforms, providers, plugins, APIs, payment processors, ad platforms, AI models, registrars or hosting infrastructure outside our control;
• our total liability for a claim is limited to the fees you paid to Dygiphy for the specific affected service in the 12 months before the event giving rise to the claim, excluding third-party costs, ad spend, domain fees, pass-through charges and taxes.

This limitation does not apply where liability cannot be limited by law.

11.2. Indemnity

You indemnify us against losses, claims, damages, liabilities, costs and expenses arising from:

• materials you provide;
• inaccurate information you supply;
• your products or services;
• your legal or regulatory non-compliance;
• your breach of these Terms;
• your misuse of services;
• your infringement of third-party rights;
• your customer disputes;
• claims about your advertising, products, services, content, pricing, refunds, warranties, shipping, privacy practices or business conduct;
• actions of your employees, contractors, agents or authorised users.

This indemnity applies only to the extent the loss was caused or contributed to by you or matters within your responsibility.

11.3. Disputes

If a dispute arises, either party may give written notice describing the issue and the outcome sought.

The parties must first try to resolve the dispute in good faith.

If the dispute is not resolved within 14 days, either party may request mediation in Victoria.

The parties will share mediation costs equally unless otherwise agreed.

Nothing prevents either party from seeking urgent injunctive relief, taking action to recover undisputed debts, or exercising rights under the Australian Consumer Law.

11.4. Severability

If any part of these Terms is invalid or unenforceable, that part is severed or read down to the extent necessary.

The rest of the Terms continue to apply.

11.5. No waiver

A delay or failure to enforce a right is not a waiver.

A waiver must be in writing.

11.6. Entire agreement

These Terms, together with the proposal and any written service-specific terms, form the entire agreement for the services.

They replace prior discussions, messages and representations about the same services, except for anything that cannot legally be excluded.

11.7. Governing law

These Terms are governed by the laws of Victoria, Australia.

The parties submit to the courts of Victoria and any courts entitled to hear appeals from those courts.

11.8. Questions

These Terms are intended to be clear and practical.

If you do not understand something, ask before accepting, ordering, renewing or submitting a support request.

By engaging Dygiphy or paying any invoice, you confirm having read, understood, and agreed to these Terms and Conditions.