Last Updated: 4 May 2026
1. About These Terms
Welcome to Spacey Studios. These Terms & Conditions govern your access to and use of our website, located at https://spaceystudios.com.au, and the supply of our creative, strategic, digital and related services where a separate services agreement has not been entered into.
Spacey Studios is operated by Benjamin J Roberts t/a Spacey Studios, ABN 12 513 574 833, located at Level 2, 65 Dover Street, Cremorne VIC 3121, Australia.
In these Terms, “Spacey Studios”, “we”, “us” or “our” refers to Benjamin J Roberts t/a Spacey Studios. “Client”, “you” or “your” refers to the person, business, company or organisation engaging us, using our website, or receiving our services.
Please read these Terms carefully. By accessing our website, requesting a quote, accepting a proposal, approving work, paying an invoice, or otherwise engaging us to provide services, you agree to be bound by these Terms.
If you do not agree with these Terms, you must not use our website or engage our services.
2. When These Terms Apply
These Terms apply to all services supplied by Spacey Studios unless we have entered into a separate written services agreement with you.
Where a separate services agreement, proposal, quote, statement of work, service schedule, email confirmation, or invoice exists, these Terms will apply alongside that document unless expressly stated otherwise.
If there is any inconsistency between these Terms and a signed services agreement, the signed services agreement will prevail to the extent of the inconsistency.
If there is any inconsistency between these Terms and a quote, proposal, invoice, email approval, or other project document, the more specific project document will prevail only to the extent of the inconsistency.
3. Our Services
Spacey Studios provides creative, design, strategy, website and digital services. These may include, but are not limited to:
- Brand strategy, brand development and visual identity design;
- Graphic design, print design, packaging design, collateral design and digital design;
- Website strategy, UX design, UI design, website design and website development;
- Website hosting, domain management, website maintenance and support;
- Email marketing strategy, email design, campaign setup, automation setup and related support;
- Marketing collateral, presentation design, social media assets, creative direction and other related services.
The specific services we provide to you will be outlined in the relevant quote, proposal, scope, invoice, email confirmation or other written project document.
4. Quotes, Proposals and Project Acceptance
Any quote or proposal we provide is based on the information available to us at the time it is prepared. If the project requirements change, or if new information becomes available, we may need to revise the scope, pricing, timeline or deliverables.
A quote or proposal may be accepted by signing a document, approving by email, paying a deposit, paying an invoice, or otherwise instructing us to commence work.
Unless otherwise stated, quotes and proposals are valid for 30 days from the date issued. After that period, we may revise or withdraw the quote.
We are not required to commence any work until the required deposit, upfront payment, or written approval has been received.
5. Fees, Payments and GST
You agree to pay the fees set out in the relevant quote, proposal, invoice, service schedule, email confirmation or other written agreement.
Unless expressly stated otherwise, all fees are quoted in Australian Dollars and are exclusive of GST. GST will be added to all applicable invoices in accordance with Australian tax law.
Unless otherwise agreed in writing, an upfront deposit may be required before work begins. This deposit secures time, resources and project allocation. Once work has commenced, deposits and upfront payments are non-refundable except where required by law or where we agree otherwise in writing.
Payment terms will be stated on each invoice.
Unless otherwise stated:
- Deposit invoices are payable within 7 days; and
- All other invoices are payable within 21 days.
We may accept payment by Electronic Funds Transfer, credit card, debit card, digital wallet, PayPal, BPAY or other payment methods made available by us from time to time.
If a payment method attracts processing fees, merchant fees or transaction charges, those fees may be added to the invoice or charged separately.
6. Late Payment and Non-Payment
If an invoice is not paid by the due date, we may pause, suspend or withhold services until payment is received in full.
This may include withholding deliverables, delaying design or development work, pausing deployment, restricting access to draft or staging environments, withholding final files, or suspending support.
Suspension of services due to non-payment does not remove your obligation to pay outstanding amounts.
If an invoice remains unpaid for more than 14 days after its due date, we may charge late fees on the overdue balance at a rate equivalent to 2% per month, calculated daily.
If payment remains outstanding for more than 45 days after the due date, we may commence debt recovery proceedings. You agree to pay all reasonable costs we incur in recovering overdue amounts, including legal fees, debt collection fees and administrative costs.
7. Expansion to Scope
Any work that falls outside the agreed scope will be treated as an Expansion to Scope and may incur additional fees.
Expansion to Scope may include, but is not limited to:
- Additional design concepts, design options, templates, pages, layouts, sections, assets or deliverables;
- Additional revisions beyond those included in the agreed scope;
- Changes requested after a stage, milestone, concept, design, direction, deliverable or item has been approved;
- Additional content population, product uploads, data entry, campaign setup or asset creation;
- New functionality, integrations, automations, plugins, apps or third-party platform configuration;
- Changes caused by third-party platform updates, technical limitations or requirements outside our control;
- Requests made after delivery, approval, launch, handover, support period or warranty period;
- Reworking deliverables due to changed instructions, changed business strategy, changed personnel or changed preferences;
- Fixing issues caused by third-party changes, client edits, misuse, incorrect implementation or unsupported software.
If additional work is required outside the agreed scope, we’ll let you know before proceeding. This work may be quoted as a fixed fee or charged at our current standard rate, as confirmed in writing for the specific project.
We will make reasonable efforts to notify you where a request may be outside scope before proceeding. However, where urgent, implied, minor or clearly necessary additional work is requested or approved by you, that work may be billed accordingly.
8. Client Responsibilities
You agree to provide all information, materials, feedback, access, approvals and instructions reasonably required for us to deliver the services.
This may include brand assets, copy, images, videos, product data, website access, domain access, hosting access, platform access, account credentials, stakeholder feedback, legal approvals, technical information, and any other project inputs we reasonably request.
You are responsible for ensuring that all materials you provide to us are accurate, complete, lawful and do not infringe the rights of any third party.
You are responsible for reviewing deliverables carefully before approval, publication, production, launch, print or distribution.
Unless otherwise agreed in writing, you must provide requested feedback, approvals, content or materials within 10 Business Days of our request.
Delays in providing feedback, approvals, content, access or instructions may affect project timelines. We are not responsible for missed deadlines or additional costs caused by delays on your part.
9. Timelines and Project Delays
Any timeline, milestone, launch date or completion date we provide is an estimate unless expressly confirmed as fixed in writing.
Project timelines depend on timely feedback, approvals, content provision, third-party platform availability, technical requirements, and the overall scope of work.
We will use reasonable efforts to meet agreed timelines. However, we are not liable for delays caused by circumstances outside our reasonable control, including client delays, third-party services, platform issues, illness, technical disruptions, force majeure events, or changes to the agreed scope.
If a delay occurs, we may revise the project timeline accordingly.
10. Dormant or Inactive Projects
If you fail to provide substantive responses, approvals, instructions, content or access for a continuous period of 30 days, we may treat the project as dormant.
Before closing a project due to dormancy, we will make reasonable attempts to contact you and may issue a written notice giving you 7 days to respond.
If the project becomes dormant, we may close the project, invoice for work completed to date, and release the time and resources allocated to your project.
If you wish to resume a dormant project, we may require payment of all outstanding invoices, a reactivation fee, a revised timeline, and/or a revised scope and quote.
11. Revisions, Approvals and Acceptance
The number of revision rounds included in a project will be outlined in the relevant quote, proposal, scope or project document.
Unless otherwise stated, revisions must relate to the agreed scope and approved direction. Revisions do not include new concepts, new directions, major strategic changes, new functionality, additional deliverables, or reworking approved stages.
Once a stage, milestone, concept, design, deliverable or direction has been approved, any further changes to that approved item may be treated as an Expansion to Scope.
Where final deliverables are provided to you for review, you must notify us in writing of any material issues within 10 Business Days, unless another review period is agreed in writing.
If no material issues are raised within the review period, the deliverables will be deemed accepted.
Approval may also be deemed to occur where you publish, use, print, distribute, launch, implement or otherwise rely on the deliverables.
Subjective preferences, stylistic changes, new instructions or changes requested after acceptance are not defects and may be treated as an Expansion to Scope.
12. Final Deliverables and Working Files
Final Deliverables are the final approved outputs expressly included in the agreed scope. These may include items such as exported logo files, final artwork files, PDF documents, website builds, published pages, campaign files, email templates, or other agreed outputs.
Working Files are original editable source files, draft files, development files, design files, code repositories, build files, configuration files, internal documents, unused concepts, methodologies, systems, processes, libraries, templates or other materials created or used by us in delivering the services.
Working Files are not included in the Final Deliverables unless expressly agreed in writing.
Requests for Working Files, editable master files, native design files, development repositories, source files, Figma files, Adobe files or similar materials may be treated as an Expansion to Scope and may be subject to additional fees, licence restrictions or intellectual property conditions.
We may retain copies of project materials for archival, internal, legal, quality assurance and portfolio purposes.
13. Intellectual Property
Unless otherwise agreed in writing, we retain ownership of all intellectual property rights in:
- Our pre-existing materials, tools, systems, frameworks, templates, processes, libraries, methods and know-how;
- Working Files;
- Unused concepts, unused designs, unused artwork, unused written materials and unused directions;
- Any materials not expressly included as Final Deliverables; and
- Any intellectual property not specifically assigned to you.
Upon full and final payment of all amounts owing for the relevant project, we assign to you the intellectual property rights in the Final Deliverables created specifically for you, to the extent those rights are capable of assignment and are not otherwise excluded by these Terms.
This assignment does not include:
- Third-party materials, software, fonts, plugins, stock assets, applications, platforms or services;
- Open source software or components;
- Our pre-existing intellectual property;
- Working Files;
- Unused concepts or unused materials;
- Our general creative methods, design principles, know-how, systems, processes or approaches.
Where our pre-existing intellectual property is incorporated into Final Deliverables, we grant you a non-exclusive, royalty-free, perpetual licence to use that intellectual property solely as part of the Final Deliverables and only for the purpose for which the deliverables were supplied.
No intellectual property rights transfer to you until all outstanding amounts have been paid in full.
14. Trade Marks
Spacey Studios is a registered trade mark owned by Benjamin J Roberts, IP Right Number 2157945.
You must not use, copy, reproduce, modify, register or otherwise exploit the Spacey Studios name, logo, trade mark, brand assets, website content, design materials or other intellectual property without our prior written consent.
15. Third-Party Services, Platforms and Licences
Our services may involve the use of third-party services, platforms, software, plugins, applications, payment gateways, hosting services, domain providers, DNS services, SSL certificates, email platforms, fonts, stock imagery, print vendors, analytics tools, automation tools or other third-party resources.
Unless expressly included in the agreed scope, all third-party fees, subscriptions, licences, renewals and usage charges are your responsibility.
We are not responsible for the performance, availability, security, pricing, changes, updates, outages, failures, restrictions, account issues, policy changes or decisions of any third-party service.
If a third-party service changes, fails, becomes unavailable, increases pricing, alters functionality, removes features or requires additional configuration, any related work may be treated as an Expansion to Scope.
You are responsible for maintaining ownership of your accounts, subscriptions, domain names, hosting, software licences and related business assets unless we have expressly agreed to manage them on your behalf.
16. Website Design, Development and Digital Services
Where we provide website design, website development, UX/UI design, ecommerce development, web application work or related digital services, the scope will be limited to the items expressly included in the agreed project documents.
Unless expressly included, our website and digital services do not include:
- Copywriting;
- Photography, videography or content creation;
- Advanced SEO strategy or ongoing SEO services;
- Paid advertising setup or management;
- Legal compliance audits;
- Accessibility certification or third-party accessibility audits;
- Advanced integrations or custom application development;
- Ongoing website maintenance;
- Ongoing platform support;
- Hosting, domain or email management;
- Data migration, unless specified;
- Third-party platform troubleshooting outside the agreed scope.
We will apply reasonable industry practices to website design and development, including responsive design, usability considerations, performance considerations, SEO foundations and accessibility-aware design where relevant. However, we do not guarantee any specific search ranking, traffic result, conversion rate, accessibility certification, business outcome or performance metric unless expressly agreed in writing.
Where a website is prepared for launch, you are responsible for reviewing and approving all content, functionality, links, forms, pricing, policies, legal content, product information and technical details before launch.
17. Website Hosting, Domains and Ongoing Web Services
Where we provide website hosting, domain registration, domain management, website maintenance, website support or related ongoing web services, those services may be subject to additional terms, renewal periods, cancellation requirements and third-party provider rules.
Our dedicated Web Hosting & Domain Registration Services Terms & Conditions apply to all hosting and domain services supplied by Spacey Studios. These terms are available here.
If there is any inconsistency between these Terms and our Web Hosting & Domain Registration Services Terms & Conditions in relation to hosting or domain services, the Web Hosting & Domain Registration Services Terms & Conditions will prevail to the extent of the inconsistency.
Fees for hosting, domains, licences and ongoing web services are generally payable in advance unless otherwise agreed.
You are responsible for ensuring that renewal invoices are paid on time. We are not responsible for domain expiry, website downtime, email disruption, licence expiry, loss of access or service interruption caused by late payment, expired services or third-party provider issues.
Hosting, domain and maintenance services may be suspended or cancelled if payment is overdue.
Full Website Hosting & Domain Terms Document
18. Brand, Graphic Design, Print and Production Services
Where we provide branding, graphic design, print design, packaging design, collateral design or related creative services, deliverables will be limited to the items expressly included in the agreed scope.
Unless expressly included, these services do not include:
- Copywriting;
- Legal checks;
- Trade mark searches or registrations;
- Regulatory compliance reviews;
- Print management;
- Press checks;
- Supplier coordination;
- Production management;
- Photography, videography or illustration;
- Additional file formats beyond those agreed;
- Editable source files or Working Files.
You are responsible for checking all spelling, grammar, contact details, prices, dates, disclaimers, regulatory information, legal information, QR codes, URLs, technical specifications and print details before approval or production.
We are not responsible for errors approved by you or for print, colour, material, production, installation or output variations caused by third-party suppliers, print processes, materials, screen calibration, colour profiles or production methods.
Where third parties implement or reproduce brand or design work, we are not responsible for inconsistent, incorrect or poor-quality implementation by those third parties.
19. Email Marketing Services
Where we provide email marketing services, the scope may include campaign design, template design, automation setup, platform configuration, segmentation, testing or related services as agreed in writing.
Unless expressly included, email marketing services do not include:
- Ongoing campaign management;
- Ongoing copywriting;
- Subscriber list cleaning;
- Legal compliance advice;
- Privacy, spam law or consent audits;
- Advanced data migration;
- CRM configuration outside the agreed scope;
- Deliverability guarantees;
- Revenue, open rate, click rate or conversion guarantees.
You are responsible for ensuring that your subscriber lists, customer data, consent practices, privacy notices and email marketing activity comply with applicable laws, including spam and privacy laws.
We are not responsible for campaign performance, deliverability issues, platform outages, account restrictions, spam filtering, data quality issues or results affected by your audience, offer, product, content, list quality or third-party platform behaviour.
20. Confidentiality
Each party agrees to keep confidential all confidential information received from the other party.
Confidential information includes business information, project information, strategy, pricing, documents, concepts, designs, data, processes, trade secrets, technical information, financial information and any other information that would reasonably be considered confidential.
Confidential information may be disclosed where required by law, to professional advisers, to contractors or suppliers involved in delivering the services, or with the other party’s consent.
We may engage employees, contractors, freelancers, collaborators, suppliers or service providers to assist with the delivery of services. Where appropriate, those parties will be required to handle confidential information responsibly.
21. Privacy
Confidentiality obligations continue after the completion or termination of the services.
We take privacy seriously. Any personal information collected through our website, communications or services will be handled in accordance with our Privacy Policy, available on our website here.
You agree that we may collect and use personal information as reasonably required to provide our services, communicate with you, manage projects, issue invoices, maintain records, comply with legal obligations and operate our business.
If you provide personal information about another person, you warrant that you have the authority to do so.
22. Publicity and Portfolio Use
Unless otherwise agreed in writing, you grant us permission to display completed work, project descriptions, screenshots, images, links, case studies and other non-confidential project materials in our portfolio, website, social media, credentials documents, award submissions, presentations and marketing materials.
We will not knowingly disclose confidential information in doing so.
Where reasonable, we will delay public sharing until after the project has launched, been published, or otherwise been made public by you.
We will not imply endorsement by you or misrepresent the nature of our relationship.
Where you publish, promote or submit the work to awards, media, third-party platforms or public channels, you agree to credit Spacey Studios where reasonably appropriate.
23. Website Content and Use
The content on our website is provided for general information only. While we aim to keep information accurate and up to date, we do not warrant that all website content is complete, current, error-free or suitable for your specific circumstances.
You must not misuse our website. This includes attempting to gain unauthorised access, introducing malicious code, scraping content, copying materials, interfering with functionality, using the website unlawfully, or using the website in a way that may damage our business, reputation, systems or intellectual property.
We may update, remove, restrict or modify website content at any time without notice.
24. No Guarantee of Outcomes
We will provide services with reasonable care and skill. However, you acknowledge that creative, strategic, digital and marketing work can be influenced by many factors outside our control.
Unless expressly agreed in writing, we do not guarantee any specific business outcome, increase in revenue, search ranking, website traffic, conversion rate, engagement rate, customer response, design award, media coverage, email performance, advertising return or other commercial result.
25. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies that cannot be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), Australian Consumer Law, or any other applicable law.
To the maximum extent permitted by law, our liability for any breach of a non-excludable guarantee is limited, at our option, to the resupply of the services or the cost of having the services supplied again.
26. Limitation of Liability
To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential or exemplary loss or damage, including loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of data, reputational damage or business interruption.
To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the services, website or these Terms is limited to the total fees actually paid by you to us for the relevant services giving rise to the claim.
This limitation does not apply to liability that cannot be excluded or limited by law.
27. Indemnity
You agree to indemnify us against any loss, damage, liability, claim, cost or expense we suffer or incur arising from:
- Your breach of these Terms;
- Your misuse of our website or services;
- Your unlawful conduct;
- Materials, content, instructions or information supplied by you;
- Your infringement of any third-party rights;
- Your failure to obtain required licences, permissions, approvals or consents;
- Claims made by third parties in connection with your use of the deliverables.
28. Termination and Cancellation
You may cancel or terminate a project by providing written notice to us.
If you cancel or terminate a project after work has commenced, you must pay for all work completed up to the date of cancellation or termination, including any committed costs, third-party costs, expenses, and work already scheduled or undertaken.
Deposits and upfront payments are non-refundable once work has commenced, except where required by law or agreed in writing.
We may terminate or suspend services immediately if:
- You fail to pay an overdue invoice;
- You breach these Terms;
- You fail to provide required feedback, content, access or approvals;
- The project becomes dormant;
- You engage in abusive, unlawful, unethical, harassing or defamatory conduct;
- Continuing the services is no longer commercially viable or reasonably practicable;
- We are required to do so by law.
On termination, all outstanding amounts become immediately due and payable.
We may retain ownership and possession of work-in-progress, Working Files, draft materials and deliverables until all outstanding amounts have been paid in full.
29. Force Majeure
We are not liable for delay or failure to perform our obligations where that delay or failure is caused by events beyond our reasonable control.
This may include natural disasters, illness, pandemics, government restrictions, strikes, cyberattacks, power outages, internet outages, telecommunications failures, platform outages, supplier failures, war, civil unrest or other unexpected disruptions.
If a force majeure event prevents a project from continuing for an extended period, either party may discuss revised timelines, suspension or termination.
30. Dispute Resolution
If a dispute arises in connection with these Terms or the services, the parties agree to first attempt to resolve the dispute in good faith.
A party claiming a dispute has arisen must provide written notice to the other party outlining the nature of the dispute, the desired outcome, and the action required to resolve it.
Within 7 days of receiving that notice, both parties must make genuine efforts to resolve the dispute through negotiation.
If the dispute remains unresolved after 21 days, the parties may agree to mediation in Victoria, Australia, with a mediator agreed by the parties or appointed by an appropriate mediation body.
Each party will bear its own costs of the dispute resolution process, and the parties will share the mediator’s fees equally unless otherwise agreed.
This clause does not prevent either party from seeking urgent interlocutory relief or taking action to recover unpaid fees.
31. Governing Law and Jurisdiction
These Terms are governed by the laws of Victoria, Australia.
The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts entitled to hear appeals from those courts.
32. Changes to These Terms
We may update these Terms from time to time by publishing the updated version on our website.
The updated Terms will apply from the date they are published, unless otherwise stated.
Your continued use of our website or services after the updated Terms are published means you accept the updated Terms.
33. Severance
If any part of these Terms is found to be void, invalid or unenforceable, that part will be severed to the extent necessary, and the remaining provisions will continue in full force and effect.
34. Entire Agreement
These Terms, together with any applicable quote, proposal, invoice, email confirmation, scope document, service schedule or written agreement, form the agreement between you and us in relation to the relevant services.
Any variation to the agreed scope, pricing, deliverables or terms must be agreed in writing.
35. Contact
If you have any questions about these Terms, please contact us:
Spacey Studios
Level 2, 65 Dover Street
Cremorne VIC 3121
Australia
Email: hello@spaceystudios.com.au
Phone: +61 3 8658 7386