TERMS AND CONDITIONS

Updated: 30 June 2026

These Terms and Conditions govern the services provided by Creative Ground International (“Creative Ground“, “we“, “us“, “our“) to you (the “Customer“). By accepting a quotation (by signature or payment) you agree to be bound by these terms. These terms should be read together with our Privacy Policy.

General Terms and Conditions

All pricing quoted is excluding GST. GST will be added at time of Invoice. Creative Ground International is registered for GST.
A 50% non-refundable deposit is required, upfront, prior to any progress commencing on the project. Payment of the balance outstanding shall be made in full on completion of the site, and immediately upon receipt of a Tax Invoice for same, and prior to taking the website live or the handover of graphic files.
The Customer has no right to withhold payment or make set-offs or deductions from any payment due by it for any reason whatsoever. No extension of payment of any nature will be granted unless reduced to writing and signed by the Customer and a duly authorised representative of Creative Ground International. The Customer will be liable for any costs incurred due to collecting unpaid monies.
Invoices are payable by the due date stated on the invoice. We reserve the right to charge interest on overdue amounts at a rate of 10% per annum, calculated daily from the due date until payment is received in full, together with any reasonable costs of recovery.
Creative Ground International shall have the right to suspend services if any amount due by the Customer is unpaid.
The domain name, website design, graphic design files and any other service we offer will remain the property of Creative Ground International until payment is received for the entire contract or any outstanding monies on the account.
Once the Customer accepts a signed quotation by way of signature or payment of a Creative Ground International invoice, a formal Contract is formed between Creative Ground International and the Customer. This acceptance must occur within 30 days of receipt of such quotation.
We may engage subcontractors or third-party providers to perform all or part of the services. We remain responsible to you for the services performed on our behalf.
Creative Ground International reserves the right in its sole discretion to vary or amend these terms and conditions from time to time, and any such amended or varied terms and conditions shall be binding on the Customer from the time that the Customer is notified thereof.
The website hosting charge does not include any changes that need to be made after the website has gone live. Any changes to the website will be charged per hour at the standard labour rate as advised in writing by Creative Ground International.
Any subscription service requires a 1 month notice period for termination of services.
Quotes are valid for 30 days from the date of quote, but are subject to the US Dollar to Australian Dollar exchange rate for any plugins or themes required for purchase.
- “Themes” is defined as a predefined template that allows users to change the look and functionality of a basic WordPress website. A theme can be installed without altering the content or the health of a website. Every WordPress website requires at least one theme to be present.
- “Plugins” is defined as the architecture that allows users to extend the normal WordPress features.
The responsibility for the observance of applicable copyright laws shall be the Customer’s solely.
The responsibility for the observance of any laws relating to confidentiality shall be that of the Customer solely.
The Customer agrees to indemnify and hold harmless Creative Ground International from any and all claims, demands, losses, causes of action, damage, lawsuits, and judgments, including legal fees and costs, arising from the Customer’s breach of these terms, the content or materials supplied by the Customer, or the Customer’s use of the deliverables.
The suspension of any project by the Customer for any reason shall entitle Creative Ground International to payment in full for the amount specified in the Contract.
Failure by the Customer to provide information to Creative Ground International within 30 days of being requested to do so will entitle Creative Ground International to terminate this Contract and thereupon require payment in full of all monies then remaining unpaid under the Contract.
The Customer agrees that Creative Ground International shall have the right to terminate this Agreement in the event of a dispute which is not resolved within 14 days.
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that the Customer may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

Customer Responsibilities

The Customer is responsible for providing all content, text, images, logos, branding, login details and other materials reasonably required for us to perform the services, in a timely manner and in a usable format.
The Customer warrants that it owns or has the right to use all materials it supplies to us, and that those materials do not infringe the intellectual property or other rights of any third party.
The Customer is responsible for reviewing and approving deliverables, and for the accuracy and legality of any content it supplies or approves.
Delays caused by the Customer’s failure to supply materials, provide approvals, or respond to requests may delay the project and may incur additional charges.

Website Design

Website design quotes are for 1 design and up to 3 revisions for the website unless otherwise stipulated.
Any additional revisions will be charged at our hourly rate.
Any additional pages not included in the initial quotation will be charged per page.
All websites are designed in a test environment and will be moved across to the live environment upon completion of the website and once final payment has been received.
A certain number of stock images will be provided based on the quotation. The Customer can arrange for their own additional stock images at additional cost.
Once the website is live, the work is deemed to be completed, and thereafter additional fees will be applied for additional work.
The Customer is responsible for ensuring the website is correct prior to taking the website live. Creative Ground International will not be held liable for any losses or damages to the Customer based on incorrect information included on the website once the website has been approved.
All website testing is to be completed by the Customer prior to the website going live.
We will not be held liable for “forked” or unlicensed plugins and themes on a website. We only use licensed versions.

SEO

Search Engine Optimisation, referred to as “SEO”, is defined as the process of affecting the visibility of a website or web page in a search engine’s unpaid results — often referred to as “natural”, “organic” or “earned” results.
We cannot guarantee results for SEO services due to the constant changing of regulations, algorithms and rules by Google and other search engines.
We use premium, approved SEO plugins by SEOPress or Yoast Premium and conform to the standard terms and conditions of the provider, which can be found on their websites or via these links: Yoast Terms and Conditions and SEOPress Terms and Conditions.
Our SEO services may use AI-assisted research, content and analysis tools. Any content we produce is reviewed before delivery; however, we do not guarantee that AI-assisted content will rank, will be free of inaccuracies, or will be treated favourably by any search engine. The use of AI is also governed by the “Artificial Intelligence (AI)” section below.

Secure WordPress

We shall not be held responsible or liable for any attacks on your website that were not detected or prevented by the AI Machine Learning Assistant plugin software signed up for on our sister website https://securewordpress.com.au.
The AI Machine Learning Assistant plugin is used as an assistive plugin to help minimise attacks and reduce hacks; it cannot completely eliminate them. As an AI-based security tool, it operates on a best-efforts basis and no security tool can provide a guarantee against all threats.
The software has been designed and developed by WebTotem, and we conform to their terms and conditions.

Google Ads

Google Ads, referred to as “Google Ads” or “Adwords”, is defined as an advertising service by Google for businesses wanting to display ads on Google and its advertising network.
We cannot guarantee results for Google Ads services due to the constant changing of regulations, policies and rules by Google.
Advertising spend (the budget paid to Google) is separate from, and in addition to, our management fee. Unless otherwise agreed in writing, the Customer is responsible for the advertising spend, which is billed by Google directly or recharged by us, and our management fee is payable regardless of the campaign results.
We conform to the rules and regulations set out by Google Ads for all online campaigns, which can be found on their website or via this link: Google Ads Policies.

Care Plans

Our Care Plans include the updating of plugins, theme and core. They do not include the fixing of bugs caused by the updates. If there are issues that need to be fixed, these will be covered under the allocated Website Edit support hours. If you are on a plan that doesn’t include support hours, then these issue repairs will be chargeable at hourly rates.
Website Edits can include: updating existing content and images, adding new images and content, link validation and corrections, advice and guidance via phone and email, removal of duplicate pages / themes / plugins, and installation of plugins or fixing issues generated by updates. Unutilised hours do not accumulate from month to month.

Hosting Terms / SSL / CDN / Web Optimization

The hosting contract is subject to signing a direct debit or payment via EFT within 7 days from the date of invoice. The period is defined from the day Creative Ground International takes on the website domain. The Customer will be liable for any costs incurred due to collecting unpaid monies.
Should payment not be made on account within 7 days of invoice, hosting services will be terminated following 3 days’ written notice of non-compliance, where such non-compliance continues.
We offer hosting on servers within Australian data centres. Our hosting providers are Vultr and Synergy Wholesale. Should you require direct access to your files (for example cPanel® or FTP), then the Hack Guarantee will become null and void, as we cannot uphold the guarantee where third parties have direct access to the hosting environment.
We offer business email through Google Workspace (formerly G Suite) and Microsoft 365 only. We do not provide email hosting on our website hosting servers, in order to protect server performance and deliverability.
What our Hack Guarantee includes (available to Customers on our managed hosting platform): as one can never guarantee a website will not be hacked, we will restore your website to the last secure backup and add an additional layer of security at website level should you be hacked, at no additional charge. We utilise a secure firewall and Imunify360 Proactive Defense.
Our Vultr hosting services require that we conform to their standard terms and conditions, which can be found on their website or via this link: Vultr Legal.
Our Synergy Wholesale services require that we conform to their standard terms and conditions, which can be found on their website or via this link: Synergy Wholesale Legal.
We have strict email regulations to prevent spam. Email limits apply in accordance with our providers’ policies and the Spam Act 2003.
Our SSL certificates are issued by cPanel or Let’s Encrypt and are free for all clients that host with us. We conform to their standard terms and conditions, which can be found on their websites or via these links: cPanel Glossary and Let’s Encrypt Repository.
We take every precaution to protect our Customers’ websites and their data, but cannot be held liable for any hacks, theft, loss of data or materials, or any other information, and Creative Ground International is hereby indemnified by the Customer absolutely in this regard.

Acceptable Use

The Customer must not use our hosting or services to store, transmit or publish any material that is illegal, infringing, defamatory, obscene, malicious (including malware), or that breaches any law or any third party’s rights.
The Customer must not use our hosting to send unsolicited bulk or commercial email (“spam”) or otherwise breach the Spam Act 2003.
We may suspend or terminate services, without liability, where we reasonably believe the Customer has breached this Acceptable Use clause, and the Customer indemnifies us against any claim arising from such breach.

Artificial Intelligence (AI)

This section applies to all services where we use artificial intelligence or machine-learning tools (including AI-assisted design, content writing, image generation, SEO, coding, security monitoring, and customer support).

Use of AI tools. We may use AI and machine-learning tools to assist in delivering our services. AI is used as an assistive tool; final work is reviewed by our team before delivery.
No guarantee of accuracy or originality. AI-generated or AI-assisted outputs are provided on an “as is” basis. AI tools can produce inaccurate, incomplete, biased or non-original results (“hallucinations”). We do not warrant that AI-assisted outputs are accurate, error-free, fit for a particular purpose, or free from third-party intellectual property rights. The Customer is responsible for reviewing and approving all deliverables before they are published or relied upon.
Ownership and third-party terms. Ownership of AI-assisted deliverables passes to the Customer on full payment, on the same basis as other deliverables under these terms. However, AI-generated content may not be capable of copyright protection in the same way as human-authored work, and may be subject to the terms of the underlying AI provider. The Customer is responsible for ensuring its use of any deliverable complies with applicable laws and third-party terms.
Customer content and confidentiality. We will not input a Customer’s confidential information, or personal or sensitive information about the Customer or its customers, into publicly available generative AI tools unless we have a lawful basis and, where required, the Customer’s consent. The Customer must not provide us with content for AI processing that is unlawful, infringing, or that the Customer does not have the right to use.
Customer responsibilities. Where the Customer requests AI-generated content (such as copy, images, or code), the Customer is responsible for verifying its accuracy, legality and suitability, including any disclosure obligations the Customer may have to its own audience.
Privacy. Our handling of personal information in connection with AI tools is described in our Privacy Policy and is consistent with the OAIC’s guidance on privacy and the use of commercially available AI products.

Domains

We register and manage domain names on your behalf through our wholesale provider, Synergy Wholesale. By registering a domain through us, you agree to be bound by Synergy Wholesale’s terms and conditions and by the applicable registry policies, which can be found via this link: Synergy Wholesale Legal.
Registration of a domain name is not guaranteed until it has been confirmed by the relevant registry. Eligibility requirements apply to certain domains, and you represent and warrant that you meet the eligibility requirements for any domain you apply for.
.au domains (including .au, .com.au, .net.au and .org.au) are governed by the rules and published policies of the .au Domain Administration (auDA), including its eligibility and dispute resolution policies, available at auda.org.au. Other top-level domains (such as .com, .net and .org) are governed by the policies of ICANN and the relevant registry.
Registration of a domain name does not, in itself, grant you any trademark or other intellectual property rights, and you are responsible for ensuring your domain does not infringe the rights of any third party.
Domains are set to automatic renewal by default. It is your responsibility to ensure renewal fees are paid and that your contact and billing details are kept up to date. We are not liable for the loss, suspension or non-renewal of a domain where fees are unpaid or contact details are out of date.
You agree to notify us of any change to your registration details so that accurate records can be maintained with the registry.

Graphic Design

All graphic design shall be for the exclusive use of the Customer, other than for promotional use by Creative Ground International, upon payment of all fees.
The Customer shall be entitled to full ownership of all final artwork created when all monies due under this Contract, or otherwise agreed to be paid, have been paid in full.
Each design comes with a number of design options and revisions per design chosen; this will be stipulated on the quotation.
Where graphic design or image deliverables are produced with the assistance of AI tools, the “Artificial Intelligence (AI)” section above also applies.

Printing Terms and conditions

Creative Ground International is a print broker.
We cannot be held responsible for any incorrect printing — such as layout, cutting or colouring — that resulted from incorrect artwork that the Customer submitted to us or that was previously approved by them.

Intellectual Property

All intellectual property rights in our pre-existing materials, tools, frameworks and know-how remain our property.
On full payment of all monies owing, the Customer receives ownership of, or a licence to use, the final deliverables as described in the relevant section above.
Third-party materials (such as stock images, fonts, plugins and themes) are licensed, not sold, and the Customer’s use of them is subject to the relevant third-party licence terms.
We may identify the Customer as a client and display work produced for the Customer in our portfolio and marketing, unless otherwise agreed in writing.

Confidentiality

Each party may receive confidential information belonging to the other. Each party agrees to keep the other’s confidential information secure and not to disclose it to any third party, except to the extent required to perform the services, with consent, or as required by law.
This clause does not apply to information that is or becomes public through no fault of the receiving party, or that was lawfully known before disclosure.

Limitation of Liability

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other law that cannot lawfully be excluded (“Non-excludable Rights“).
Where our liability can be limited under the Australian Consumer Law, our liability for a breach of a consumer guarantee is limited (at our option) to re-supplying the services, or paying the cost of having the services re-supplied.
Subject to the Non-excludable Rights, and to the maximum extent permitted by law:
- we are not liable for any indirect, special or consequential loss, or for any loss of profit, revenue, data, goodwill or business opportunity, however arising; and
- our total aggregate liability to the Customer arising out of or in connection with the services or these terms, whether in contract, tort (including negligence), statute or otherwise, is limited to the total fees paid by the Customer to us for the specific service giving rise to the liability in the 12 months immediately before the event giving rise to the claim.
We are not liable for any loss or damage to the extent it is caused or contributed to by the Customer, by content or materials the Customer supplied or approved, by third-party services or platforms (including search engines, advertising platforms, hosting infrastructure and AI providers), or by events beyond our reasonable control.

Force Majeure

We are not liable for any delay or failure to perform our obligations where the delay or failure is caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, pandemic, war, civil unrest, industrial action, failure of telecommunications or internet services, power outages, cyber-attacks, or failures of third-party suppliers or platforms.
If a force majeure event continues for more than 30 days, either party may terminate the affected services on written notice, and the Customer remains liable for services performed up to the date of termination.

Termination and Data on Exit

Either party may terminate an ongoing service (such as hosting or a Care Plan) by giving 1 month’s written notice, subject to any minimum term stated in the quotation.
We may suspend or terminate services immediately where the Customer materially breaches these terms (including non-payment) and fails to remedy the breach within a reasonable period after written notice.
On termination, all outstanding amounts become immediately payable.
Following termination of hosting, the Customer may request an export of their website files and database within 30 days. After this period, we may delete the data from our systems and are not obliged to retain it. The Customer is responsible for maintaining its own backups of any data it wishes to keep.

Dispute Resolution

If a dispute arises, the parties agree to first attempt to resolve it in good faith by discussion between the parties.
If the dispute is not resolved within 14 days, either party may refer the dispute to mediation before commencing legal proceedings, except where urgent injunctive relief is required.

Governing Law

These terms are governed by the laws of the State of Queensland, Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from them.

General

If any provision of these terms is found to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
A failure or delay by us to enforce any provision of these terms is not a waiver of our right to do so later.
These terms, together with the relevant quotation and our Privacy Policy, constitute the entire agreement between the parties and supersede any prior representations or agreements.