The Freshy Designs

Operated by: The Freshy Group Pty Ltd, ABN 51 382 352 125

Website: https://www.thefreshydesigns.com.au/

## 1. Terms and Conditions

These Terms and Conditions apply to your access to and use of The Freshy Designs website, including all related services, accounts, website content, design and development services, enquiries, communications, quotations, projects and other services provided through the website.

**KEY POINT:** By contacting us, submitting an enquiry, requesting a quotation, engaging our services, or otherwise using the website, you agree to these Terms and Conditions.

## 2. About The Freshy Designs

The Freshy Designs provides professional digital and creative services to individuals, businesses and organisations.

Our services may include:

* Website design and development
* WordPress website development
* E-commerce website development
* Website maintenance and support
* Graphic and digital design
* Branding and signage design
* Search engine optimisation and digital services
* Website content and related creative services
* Other design, development or digital services agreed with the client

The specific services, deliverables, pricing, timeframe and requirements for each project may be agreed separately between The Freshy Designs and the client.

## 3. Eligibility

You must be at least **18 years old** and legally capable of entering into a binding agreement to engage our services.

By using the website or engaging our services, you confirm that:

* The information you provide is accurate and complete
* You are legally permitted to use the website and our services
* You have authority to act for any business or organisation you represent
* Your use of the website does not breach any applicable law or agreement

## 4. Website Enquiries and Accounts

Where an account, enquiry form or other user information is required, you are responsible for:

* Providing accurate and current information
* Keeping any login details secure
* Ensuring information submitted to us is accurate
* Not submitting information on behalf of another person without authorisation
* Not using the website for unlawful, fraudulent or misleading purposes

You must NOT:

* Provide false or misleading information
* Impersonate another person or business
* Attempt to gain unauthorised access to the website or its systems
* Upload malicious code, viruses or harmful material
* Use automated systems to abuse or interfere with the website

## 5. Services and Project Requirements

When engaging The Freshy Designs, the client is responsible for providing accurate information, content, images, branding materials and other resources reasonably required to complete the agreed work.

The client must ensure that materials supplied to us:

* Are accurate and suitable for the intended purpose
* Do not infringe another person’s intellectual property rights
* Do not contain unlawful, defamatory or misleading material
* May legally be used by the client and by The Freshy Designs for the agreed project

Project scope, deliverables, revisions, timeframe and pricing may vary depending on the service requested and will be communicated to the client where applicable.

## 6. Prohibited Use

You must NOT use the website or our services to:

* Commit or facilitate unlawful activity
* Upload or distribute malicious software
* Attempt to access systems without authorisation
* Infringe intellectual property rights
* Submit fraudulent or misleading information
* Publish defamatory, threatening or abusive material
* Distribute unlawful or harmful content
* Interfere with the operation or security of the website
* Use our services for any purpose prohibited by applicable law

We reserve the right to refuse or discontinue services where we reasonably believe the requested work or use of our website is unlawful, unsafe, fraudulent or otherwise inappropriate.

## 7. Quotes, Pricing and Payments

Where a quotation is provided, the quotation may specify the services, deliverables, pricing and applicable terms.

A quotation does not constitute acceptance of a project until the relevant engagement is confirmed.

Unless otherwise agreed:

* Additional work outside the agreed scope may incur additional charges
* Changes to project requirements may affect the price and timeframe
* Third-party services, licences, hosting, domains, plugins, themes, software or subscriptions may incur separate costs
* Payments must be made according to the agreed payment terms

## 8. Website and Third-Party Services

Some projects may use third-party platforms, software, hosting providers, plugins, themes, APIs or other services.

The Freshy Designs does not control third-party services and cannot guarantee their continuous availability, functionality, security or future compatibility.

Changes, outages, restrictions or discontinuation by third-party providers may affect a website or service.

## 9. Intellectual Property

Unless otherwise agreed in writing, intellectual property rights in materials, designs, code, graphics, content or other work created by The Freshy Designs may remain subject to the applicable ownership and licensing arrangements agreed with the client.

The client is responsible for ensuring that any materials supplied to The Freshy Designs can legally be used for the project.

Third-party materials remain subject to their respective licences and terms.

## 10. Cancellations and Refunds

Cancellation and refund arrangements may depend on the service, project stage and applicable agreement or refund policy.

Where work has already commenced, refunds may not ordinarily be available for work already completed, services already delivered, third-party costs incurred or resources already purchased or activated.

Any refund request will be considered in accordance with the applicable agreement, refund policy and Australian Consumer Law.

## 11. Suspension and Termination

We may suspend, restrict or terminate access to our website or services where we reasonably believe that a user or client:

* Has breached these Terms
* Has provided fraudulent or misleading information
* Has created a security or legal risk
* Has failed to make required payments
* Has infringed intellectual property rights
* Has used the website or services unlawfully
* Has engaged in abusive or inappropriate conduct

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

## 12. Disclaimers and Limitation of Liability

**TO THE EXTENT PERMITTED BY LAW:**

* We do not guarantee that the website will always be available or error-free
* We do not guarantee that third-party services will remain available or compatible
* Project outcomes may depend on information, content and resources supplied by the client
* Website performance may be affected by hosting providers, third-party software, plugins, APIs and other external services
* We are not responsible for delays caused by circumstances outside our reasonable control

Nothing in these Terms excludes, restricts or modifies any rights or guarantees that cannot legally be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

## 13. Governing Law

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

You submit to the jurisdiction of the courts and tribunals of Victoria and any courts entitled to hear appeals from them.

## Contact Us

**Email:** [info@thefreshydesigns.com.au](mailto:info@thefreshydesigns.com.au)

**Phone:** +61 450 628 001

**Address:** Melbourne, Victoria, Australia

**For complaints or enquiries:** Please provide your name, account or contact details, relevant project or service information, a description of the issue, relevant evidence and the resolution you are requesting.

**Effective Date:** These Terms form the agreement between you and The Freshy Designs concerning your use of the website and our services. Together with our Privacy Policy and any applicable service, quotation, refund or project agreement, these Terms govern your relationship with The Freshy Designs.