Terms & Conditions.

Overview

These Terms and Conditions govern your use of kookadigital.com.au and the general basis on which Kooka Digital provides digital services.

By using this website, requesting a proposal, approving a quote or engaging Kooka Digital, you acknowledge that you have read and accepted these terms.

A separate proposal, quotation, statement of work, service agreement or invoice may contain additional terms specific to a project. Where there is an inconsistency, the project-specific written agreement will take priority to the extent of that inconsistency.

Our services

Kooka Digital provides digital services that may include:

The exact services, deliverables, inclusions and exclusions for a project will be described in the relevant written proposal or agreement.

Proposals, acceptance and scope

A proposal or quotation may specify the project scope, deliverables, assumptions, estimated timeline, fees, payment stages and any ongoing services.

A proposal may be accepted by signing it, confirming acceptance in writing, paying a requested deposit or otherwise instructing Kooka Digital to begin work.

Quotations remain valid for the period stated in the quotation. If no validity period is stated, Kooka Digital may revise or withdraw a quotation before it has been accepted.

Work outside the agreed scope is not included in the original fee and may require a separate quotation, variation or additional charge.

Client responsibilities

To allow Kooka Digital to deliver a project effectively, you agree to:

• Provide accurate instructions and timely decisions.
• Supply required content, images, branding, credentials and other project materials.
• Review work and provide consolidated feedback within a reasonable period.
• Ensure that materials you provide may lawfully be used for the project.
• Maintain appropriate backups of materials supplied to Kooka Digital.
• Keep login credentials and account information secure.
• Pay invoices in accordance with the agreed terms.

You are responsible for the accuracy, legality and completeness of content and instructions supplied to us.

Fees, invoices and payment

Project fees and payment stages will be set out in the applicable quotation, proposal, invoice or service agreement. Unless stated otherwise, amounts are expressed in Australian dollars.

You agree to pay invoices by the due date shown on the invoice. Deposits and project commencement payments may be non-refundable once work has started, except where required by law or otherwise agreed in writing.

Kooka Digital may pause work, withhold delivery, disable ongoing services or postpone launch where an invoice remains overdue, after providing reasonable notice.

Third-party costs such as hosting, domain names, licences, subscriptions, stock assets, advertising costs and external services are not included unless expressly stated.

Changes, feedback and revisions

The number or extent of revisions included in a project may be specified in the relevant proposal.

Feedback should be clear, consolidated and provided by an authorised decision-maker. Conflicting or fragmented instructions may affect the project timeline and cost.

Significant changes to an approved direction, repeated revisions, new functionality or requests outside the agreed scope may be treated as additional work.

We will advise you where a request is likely to affect fees, deliverables or timing before undertaking material out-of-scope work.

Intellectual property

You retain ownership of original materials that you provide to Kooka Digital, subject to any rights held by third parties.

Unless otherwise agreed in writing, ownership of final bespoke project deliverables created specifically for you will transfer after all amounts relating to those deliverables have been paid in full.

Kooka Digital retains ownership of:

• Pre-existing tools, systems, processes and know-how.
• Reusable code, frameworks, components and libraries.
• Unused concepts, drafts and working materials.
• Internal methods and development techniques.

Where retained Kooka Digital materials are incorporated into a deliverable, you receive a non-exclusive licence to use them as part of that deliverable for the agreed purpose.

Unless confidentiality has been agreed, Kooka Digital may display completed work in its portfolio, website, social media and promotional materials.

Third-party products and services

A project may rely on third-party products or services including WordPress, plugins, themes, hosting, domain registrars, APIs, payment gateways, email platforms, analytics tools and external software.

Third-party products are subject to their own terms, licences, pricing, availability and privacy practices. Kooka Digital does not control those providers and cannot guarantee that a third-party service will remain available, compatible or unchanged.

You are responsible for ongoing third-party fees unless the applicable proposal expressly states otherwise.

Where a third-party change affects the project or an existing website, any investigation, migration or remedial work may be quoted separately.

Timelines and delays

Any project timeline is an estimate unless a fixed deadline is expressly agreed in writing.

Timelines depend on timely access to information, content, approvals, feedback, credentials and payments. A delay in receiving these items may result in the project schedule being extended.

Kooka Digital is not responsible for delays caused by circumstances outside its reasonable control, including third-party outages, platform changes, illness, natural events, internet disruption or failures of external services.

If a project becomes inactive because required client input is not provided, it may need to be rescheduled according to current availability.

Testing, approval and launch

Kooka Digital will take reasonable steps to test work within the agreed project scope and supported technical environments.

You are responsible for reviewing the final work, confirming that content is accurate and notifying us of identified issues before approval or launch.

Approval may be given expressly in writing or inferred where you instruct us to launch, publish or deliver the completed work.

Changes requested after approval or launch may be treated as support, maintenance or additional work.

Maintenance and ongoing services

Ongoing maintenance, security monitoring, software updates, backups, content changes and technical support are only included where specified in an active service agreement or maintenance plan.

A website may require ongoing updates and maintenance after launch. Kooka Digital is not responsible for problems caused by unmaintained software, unauthorised changes, expired licences, compromised credentials or third-party modifications outside our control.

Recurring services may continue for the agreed term or billing period until cancelled in accordance with the applicable service agreement.

Cancellation and termination

Either party may terminate a project or ongoing service in accordance with the applicable proposal or agreement. If no specific termination terms apply, reasonable written notice should be provided.

If a project is cancelled after work has commenced, you remain responsible for:

• Work completed up to the cancellation date.
• Approved work already scheduled or committed.
• Non-refundable third-party costs.
• Any other amount required by the applicable project agreement.

Kooka Digital may suspend or terminate services where there is serious non-payment, unlawful conduct, abusive behaviour, security risk or a material breach that is not remedied after reasonable notice.

Warranties and liability

Kooka Digital will provide services with reasonable care and skill and in accordance with the agreed scope.

We do not guarantee a specific level of website traffic, search engine ranking, revenue, sales, leads or other commercial outcome unless expressly stated in writing.

To the extent permitted by law, Kooka Digital is not liable for indirect or consequential loss, lost profits, lost opportunities or loss arising from:

• Third-party products, outages or platform changes.
• Materials or instructions provided by the client.
• Unauthorised website access or modifications.
• Failure to maintain software, licences or security.
• Use of deliverables outside their intended purpose.

Use of this website

Website content is provided for general information only. While we aim to keep information accurate and current, we do not guarantee that every page is complete, error-free or suitable for a particular purpose.

You must not use this website to:

• Engage in unlawful, fraudulent or harmful activity.
• Attempt to gain unauthorised access to systems or data.
• Introduce malware, automated abuse or disruptive code.
• Copy or commercially exploit website content without permission.

Governing law

These terms are governed by the laws of New South Wales, Australia. The parties submit to the jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them.

Before commencing formal proceedings, both parties should attempt in good faith to resolve a dispute through direct communication and reasonable negotiation.

Changes to these terms

Kooka Digital may update these Terms and Conditions when its services, business practices or legal obligations change.

The current version will be published on this page. Changes will not retrospectively alter an existing signed agreement unless both parties agree or the change is required by law.

Questions and contact

If you have questions about these terms or a Kooka Digital service agreement, please contact us.