Last Updated: 29/01/2026
1.1 Binding Contract: This Agreement is a legally binding contract between Creative Boolean Routine Pty Ltd (ABN 25 651 134 146), hereafter referred to as “the Company,” and the person or entity purchasing Services, hereafter referred to as “the Client”.
1.2 Incorporation of Terms: These Terms of Service incorporate by reference our Terms & Conditions. Together, these documents constitute the entire agreement between the Parties regarding the subject matter herein. Any previous understanding or agreement is replaced by these documents.
1.3 Acceptance: By paying an invoice, approving a quote, or utilizing our Services, the Client confirms they have the power to bind their organization to these terms and signifies full acceptance of this Agreement.
2.1 Standard Deliverables: For standard website and design projects, final deliverables become Client property only upon full payment of all related invoices and Fees.
2.2 Custom Application Exclusion: Ownership transfer explicitly excludes Custom Applications, including but not limited to Mobile Apps, ERP systems, and proprietary internal systems. All right, title, and interest in such software, including modifications and upgrades, remain the exclusive property of the Company or its licensors.
2.3 Pre-Launch Client Review: The Client is solely responsible for reviewing all pages, copy, and placeholder elements before launch. This includes verifying all licenses and ensuring that placeholder content is replaced. Continued use of the Service following launch constitutes final acceptance of the content as accurate, complete, and legally compliant.
2.4 Feedback: Any feedback provided by the Client regarding the Services is provided freely. The Company is free to use such feedback for any purpose, and the Company shall own all rights in any changes or upgrades developed from said feedback.
3.1 Third-Party Providers: The Company utilizes upstream infrastructure providers, specifically DreamIT Host, WP Engine, and Synergy Wholesale. The Client acknowledges that we may change these suppliers at our sole discretion and are authorized to move data as reasonably necessary.
3.2 Warranty Disclaimer: While we implement industry-standard security measures (including SSL and firewalls), the Client acknowledges that no digital environment is 100% secure. We make no warranties that the Services are fault-free or immune from hacking, malware, or unauthorized access.
3.3 Limitation of Liability: The Company is not liable for harm resulting from security incidents, outages, or data loss caused by upstream provider failures, zero-day exploits, or compromised Client-side credentials.
3.4 Client Security Obligations: The Client is responsible for their own computer security, local usage, and protecting account credentials against hacking. Any loss of passwords or compromised API keys must be reported to the Company immediately.
4.1 Backup Responsibility: Clients are solely responsible for maintaining independent, complete, and accurate copies of their data in a location independent of our Services. Our servers are not an archive, and we have no liability for the destruction of your content.
4.2 Maintenance Backups: For clients on active maintenance plans, we perform periodic backups for recovery purposes. We do not guarantee against data corruption that occurs prior to or during a backup process.
5.1 Official Support Channels: All support requests must be logged via email to support@creativus-design.com or by phoning 02 9188 4953 to ensure they are tracked and addressed.
5.2 Response Time Objectives: We aim to acknowledge and begin assessment of support tickets within 0 to 48 hours. Resolution times are subject to the response times and SLAs of our upstream providers.
5.3 Maintenance Scope: General upkeep is provided only for clients on active maintenance plans. The specific scope of these tasks is defined at: creativus-design.com/website-maintenance-scope-of-work/.
6.1 Fees & Invoicing: Fees are due in full in advance unless otherwise specified. We reserve the right to amend Fees by providing 30 days’ notice prior to the end of a subscription period.
6.2 Recovery Costs: In accordance with our primary Terms, if we take action to recover overdue amounts, all reasonable costs incurred (including legal fees and collection agency charges) are recoverable from the Client.
7.1 AI Usage Disclosure: The Company may utilize Artificial Intelligence (AI) tools to assist in service delivery (code generation, design assets, etc.). All AI-assisted work is subject to professional human review and verification before delivery.
7.2 Acceptable Use (AUP): Services must not be used for illegal activities, spamming, or server resource abuse (e.g., crypto-mining). Violation results in immediate service termination without refund.
7.3 Governing Law: These terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.
7.4 Force Majeure: The Company shall not be deemed in default of this Agreement for any failure in performance resulting from circumstances beyond our reasonable control, including third-party network unavailability or governmental acts.