Terms and Conditions

These terms apply to services supplied by ORANGEY PTY LTD, ABN 43 697 500 717, ACN 697 500 717, referred to as “Orangey”, “we”, “us”, or “our”.

By paying an invoice, using a Stripe checkout page, using a payment link, approving a quote, approving a proposal, or asking us to begin work, you agree to these terms.

The exact services, pricing, billing frequency, inclusions, exclusions, and special conditions for your project may be set out in a quote, invoice, proposal, checkout page, payment link, plan description, email, or written agreement.

If there is a conflict between these terms and a written quote, proposal, invoice, or written agreement supplied to you, the more specific written service document will apply to that part of the service.

Where these terms give ORANGEY PTY LTD a right to pause, suspend, refuse, cancel, remove, limit, change, withhold, or unpublish a service, we will act reasonably, only to the extent reasonably necessary to protect our legitimate interests, and having regard to the circumstances.

Where practical, we will give reasonable notice before taking action that materially affects your service. We may act without prior notice where urgent action is reasonably needed to protect legal rights, property, confidential information, security, systems, suppliers, other clients, or the public.

Nothing in these terms limits rights, guarantees, remedies, or protections that cannot be limited under Australian law.

Our services may include website design, landing page development, mobile responsive design, domain setup and management, hosting and SSL setup, business card designs for export, basic website edits, maintenance, support, and related digital services.

Services are provided according to the scope agreed with you. Anything outside the agreed scope may require a separate quote or written approval before we begin.

We aim to build websites for modern, commonly used browsers and devices. Unless expressly agreed in writing, we do not guarantee that a website will look or function exactly the same on every browser, device, operating system, screen size, plugin, extension, or outdated software version.

Unless expressly agreed in writing, specific accessibility compliance, including compliance with any specific WCAG level or legal accessibility standard, is not included as a guaranteed deliverable. We may apply reasonable accessibility practices where practical, but you are responsible for obtaining specialist advice if your business has specific accessibility obligations.

Private checkout pages and payment links are intended only for approved ORANGEY PTY LTD clients. We may cancel, reject, or refund payments made by unapproved users.

Fees are charged in Australian dollars. The applicable price, billing frequency, inclusions, and payment terms are set out in the invoice, Stripe checkout page, payment link, quote, proposal, plan, or written agreement provided to you.

Unless otherwise agreed in writing, monthly website plans are billed monthly through Stripe and continue until cancelled.

There is no minimum contract term for monthly managed website plans. However, website files, source/export files, and full handover rights for a monthly managed website plan only apply once successful monthly payments have reached the current minimum one-time website build price listed on our website at the time the handover request is made, or after an approved upfront equivalent has been received. For one-time payment website projects, final ownership and handover rights apply after full payment has cleared, unless otherwise agreed in writing.

For monthly managed website plans, if one monthly payment fails, is missed, reversed, disputed, or is not made on time, we may pause non-urgent support, edits, updates, new work, or other managed services until payment is received.

If two consecutive monthly payments are missed, failed, reversed, disputed, or unpaid, we may, after reasonable notice where practical, suspend, unpublish, disable, or cancel the website and related managed services until all overdue amounts and any reasonable recovery or reactivation costs are paid.

Missed, failed, reversed, disputed, refunded, or unpaid months do not count toward handover eligibility unless the payment issue is resolved and the amount is received by us.

For custom builds, one-off projects, and fixed-price work, payment is required upfront unless we agree otherwise in writing. Before full payment has cleared, we may provide video previews, screenshots, screen-share previews, or limited demonstrations of the work. Final files, website exports, source files, login access, live deployment, transfer assistance, and handover materials are only provided after full payment has been received.

If a payment is disputed, reversed, charged back, or recovered without a valid reason, we may suspend services, remove access, pause support, withhold delivery or handover, and recover any outstanding amounts or reasonable costs associated with the dispute, provided we act reasonably and to the extent necessary to protect our legitimate interests.

You are responsible for keeping your payment details up to date and ensuring payments are made on time.

Unless stated otherwise, prices are exclusive of GST. If ORANGEY PTY LTD is registered or required to be registered for GST, GST will be added where required by law.

You agree to provide accurate business details, content, images, branding, login access, approvals, and feedback needed to complete the work. Delays in providing these may delay delivery.

You confirm that you have the right to use any content, images, logos, trademarks, business names, claims, reviews, or materials you provide to us.

You are responsible for checking and approving the accuracy of your website content, contact details, pricing, claims, spelling, grammar, legal notices, and business information before and after publishing.

You are responsible for ensuring your website, business, products, services, claims, offers, privacy notices, policies, disclaimers, licences, industry requirements, and legal pages comply with laws and rules that apply to your business.

We may help place, format, or publish content, policies, notices, or disclaimers you provide, but we do not provide legal, financial, tax, regulatory, medical, compliance, or professional advice unless expressly agreed in writing with a properly qualified professional.

You agree to indemnify ORANGEY PTY LTD against claims, losses, costs, disputes, takedown requests, legal demands, or third-party claims to the extent caused by content, images, logos, trademarks, business names, reviews, claims, instructions, materials, or access you provide to us, including where those materials are unlawful, misleading, infringing, inaccurate, or used without permission.

While your monthly plan is active and payments are up to date, reasonable basic edits are included. This may include text changes, contact detail updates, image swaps, photo uploads, simple content updates, and small polish improvements to the existing website.

Reasonable basic edits are intended for normal business updates, not constant, excessive, abusive, urgent, unusually large, or out-of-scope update requests.

For example, occasional or weekly image updates are generally fine. Very frequent edits, very large batches of work, large media uploads, complex layout changes, or requests that require significant design or development time may need to be scheduled, limited, compressed, refused, or quoted separately.

Uploaded images and media must be suitable for web use. We may refuse, compress, resize, remove, or limit files that are too large, unsafe, low quality, unlawful, infringing, or likely to affect website speed, stability, storage, security, or performance.

Major redesigns, custom features, extra pages, substantial copywriting, ecommerce, booking systems, integrations, advanced development, rebranding, new landing pages, advertising work, SEO campaigns, or unusually large edit requests may cost extra.

Support, edits, uploads, and maintenance are provided on a reasonable best-effort basis unless a specific response time, turnaround time, emergency support arrangement, or service level has been agreed in writing.

Support-related requests should be sent by email to support@orangey.com.au.

Domain names, email, plugins, software, Stripe, Google, Amazon, analytics tools, fonts, hosting platforms, and other third-party services may have their own terms, fees, limits, outages, renewal requirements, and technical restrictions.

We are not responsible for third-party failures, price changes, outages, account restrictions, policy changes, downtime, data loss, or service interruptions outside our reasonable control.

Website forms, email notifications, DNS records, inbox delivery, spam filtering, email forwarding, SMTP, Google, Microsoft, and other communication systems may depend on third-party services. We do not guarantee that every form submission, notification, message, or email will be delivered, received, or avoid spam filters.

Where we assist with domain registration or management, the domain should be registered using your name, business details, or contact information where possible.

For monthly managed website plans that include domain management, the domain may be managed through a registrar account controlled by ORANGEY PTY LTD for convenience while your service is active and payments are up to date. Where domain registration and renewal fees are included in your monthly plan, ORANGEY PTY LTD will manage and pay those included domain fees while your monthly plan remains active and payments are up to date.

You remain responsible for any domain fees, premium domain fees, renewal costs, DNS changes, email services, third-party services, or requirements that are not included in your agreed plan, quote, invoice, proposal, checkout page, payment link, or written agreement.

If the domain is registered for your business and all amounts owed to us have been paid, we may provide reasonable help to transfer the domain to your own registrar account. Domain transfer timing may depend on registrar rules, registry rules, locks, renewal periods, identity checks, or third-party requirements.

After a monthly managed website plan ends, included domain management, domain renewal payments, hosting, SSL, support, and other managed services may stop unless we agree otherwise in writing. You are responsible for arranging your own domain account, renewals, DNS, email, hosting, and related services after transfer or cancellation.

While your monthly website plan is active and payments are up to date, ORANGEY PTY LTD provides the website as a managed service. This may include hosting, SSL, maintenance, backups, technical updates, basic edits, support, and ongoing improvements.

We may choose the hosting platform, tools, frameworks, plugins, suppliers, and technical setup used to deliver the service. Direct server, hosting, database, repository, source control, or admin access is not guaranteed while the website is provided as a managed service.

We may make technical changes, updates, migrations, security changes, or maintenance changes when reasonably needed to keep the service secure, stable, and operating properly.

Backups are not included or guaranteed unless we expressly agree to provide them in writing. You should keep your own copies of important content, files, images, business records, login details, and data.

No website, hosting setup, software, plugin, integration, form, email service, analytics tool, or third-party service is guaranteed to be uninterrupted, error-free, fully secure, or permanently available.

We may remove drafts, unused files, temporary files, development versions, inactive projects, stored files, or cancelled services after a reasonable period and after reasonable notice where practical.

While your monthly website plan is active, ORANGEY PTY LTD provides the website as a managed service, including design, development, hosting, maintenance, support, and reasonable basic edits.

Unless otherwise agreed in writing, you receive a licence to use the website while your monthly plan is active. Website files, source/export files, and full handover rights for monthly managed website plans apply only once successful monthly payments have reached the current minimum one-time website build price listed on our website at the time the handover request is made, or after an approved upfront equivalent has been received. For one-time payment website projects, ownership and handover rights apply after full payment has cleared, unless a written service document says otherwise.

After full handover rights apply, you own the handover website package created specifically for your business. This includes the website files as they exist on the live website at the time of handover, including the HTML, CSS, JavaScript, client-specific website content, images you supplied to us, and client-specific images, graphics, logos, or visual assets we created specifically for your business as part of the paid service.

The handover website package does not include editable design files, working drafts, unused concepts, internal notes, internal tools, project management materials, private repositories, build systems, development environments, server configurations, hosting accounts, source control history, or editable source files unless expressly agreed in writing.

ORANGEY PTY LTD retains ownership of reusable templates, code libraries, design systems, workflows, tools, frameworks, internal processes, general layouts, know-how, strategies, systems, and non-client-specific materials used to create or deliver the service.

Business information, branding, logos, text, images, and content you supplied to us remain yours, provided you had the right to use them.

Client-specific logos, graphics, and visual assets we create specifically for your business as part of the paid service are included in the handover website package after full handover rights apply. Editable source files for those assets are not included unless agreed in writing.

Final exported business card designs created specifically for your business become yours after payment for that work has been received. Editable source files are not included unless agreed in writing.

Upon request after full handover rights apply, and once all outstanding amounts have been paid, we can provide the website package as a ZIP/export with reasonable handover instructions within a reasonable time. Handover support beyond basic instructions may require a separate quote or written agreement.

Third-party platform limits, paid plugins, paid themes, hosting accounts, subscriptions, fonts, stock assets, analytics accounts, email accounts, integrations, and services outside our control may not be transferable or may require your own separate account, licence, subscription, or payment.

If you cancel before handover eligibility has been reached, the managed website service ends and the website package is not handed over.

You may cancel your monthly service by giving written notice before your next billing date. Cancellation stops future monthly charges that have not already become due or started processing.

Written notice can be sent by email to hello@orangey.com.au or through the contact details on our website.

To avoid another monthly charge, your cancellation notice should be received before the next billing date and before the payment has started processing. We do not guarantee that a payment already being processed by Stripe or another payment provider can be cancelled, reversed, or stopped immediately.

Payments already made are not automatically refunded for work already started, completed, services already supplied, or service capacity already reserved, subject to your rights under Australian Consumer Law.

If your website is suspended, unpublished, or disabled because of missed payments, this does not automatically cancel your monthly plan or remove amounts already owed. We may cancel the service if overdue payments remain unpaid after reasonable notice where practical.

After cancellation, hosting, SSL management, domain management, domain renewal payments, maintenance, support, edits, monitoring, updates, storage, and managed services may stop. Your website may be unpublished, suspended, disabled, or removed from our hosting environment after the service ends.

If you cancel a monthly managed website plan before handover eligibility has been reached, your hosted website service will end and the website package will not be handed over.

If you cancel a monthly managed website plan after handover eligibility has been reached, you may request a ZIP/export of the website package with reasonable handover instructions, provided all outstanding amounts have been paid.

We are not required to continue hosting, maintaining, storing, editing, or supporting a cancelled website unless we agree to do so in writing.

Refunds are assessed case by case. Subject to your rights under Australian Consumer Law, payments are not refundable for change of mind, client delay, a change in your business needs, or work already started, completed, supplied, reserved, or made available to you.

Nothing in these terms limits any rights or remedies you may have under Australian Consumer Law. If our services fail to meet a consumer guarantee, you may be entitled to a remedy.

Where Australian Consumer Law applies, our services come with guarantees that cannot be excluded. These may include that services will be provided with due care and skill, will be fit for any purpose or result you made known to us and we accepted, and will be supplied within a reasonable time where no time is agreed.

Where the issue can reasonably be fixed, you agree to give us a reasonable opportunity to investigate and remedy the issue.

Any delivery dates or timeframes we provide are estimates unless confirmed in writing as fixed deadlines.

Delays caused by missing content, late feedback, approval delays, third-party services, access issues, payment issues, change requests, or matters outside our reasonable control may extend delivery.

We do not guarantee any specific business results, traffic, sales, leads, enquiries, search rankings, advertising performance, conversion rates, revenue, or profit from your website or related services.

Each party agrees to keep the other party’s confidential information private and to use it only for the purpose of discussing, providing, receiving, managing, or completing the services.

Confidential information may include login details, unpublished work, pricing, business information, technical setup, private communications, client materials, project files, account access, and other information that would reasonably be considered confidential.

This does not apply to information that is already public, independently developed, lawfully received from someone else, approved for disclosure, or required to be disclosed by law.

We may refuse, suspend, or cancel work involving illegal, misleading, harmful, abusive, offensive, infringing, regulated, adult, hateful, deceptive, or high-risk content, provided we act reasonably and to the extent necessary to protect our legitimate interests, our clients, suppliers, systems, or legal position.

You agree not to use our services for unlawful activity, spam, scams, malware, deceptive practices, intellectual property infringement, or anything that may harm ORANGEY PTY LTD, our systems, our suppliers, or other clients.

To help provide the services, we may use generative AI, AI-assisted coding tools, image generation tools, video generation tools, design tools, development tools, automation tools, and other software tools.

We do not use stock images or pre-made website templates unless we expressly agree otherwise in writing. However, our work may rely on third-party software, frameworks, open-source libraries, fonts, hosting platforms, browsers, APIs, AI tools, payment processors, analytics tools, and infrastructure that have their own terms, licences, limits, fees, and restrictions.

Generative AI outputs can be imperfect, inaccurate, similar to existing material, or unsuitable for a particular use. You are responsible for reviewing and approving AI-assisted images, videos, copy, claims, names, likenesses, and other materials before they are published or used by your business.

Client-specific images, videos, graphics, code, content, and other final materials we create specifically for your business as part of a paid service are included in the handover website package after full handover rights apply, to the extent we are legally permitted to transfer them and subject to any third-party tool or platform terms.

Unless expressly agreed in writing, handover of a website package does not include ownership of AI tools, AI models, prompts, workflows, internal code generation processes, reusable code, development tools, build systems, third-party licences, accounts, infrastructure, or non-client-specific materials.

If we receive or reasonably identify a complaint, claim, legal demand, platform notice, registrar notice, hosting notice, copyright complaint, trademark complaint, privacy concern, misleading conduct concern, regulatory concern, or other issue relating to your website, content, materials, instructions, products, or services, we may ask you to respond, provide evidence, change content, remove content, or resolve the issue.

We may remove, disable, suspend, restrict, or refuse to publish affected content or services where reasonably necessary to reduce legal, security, reputational, operational, or third-party risk. Where practical, we will give you notice and a reasonable opportunity to respond before taking action.

We may act without prior notice where urgent action is reasonably needed to protect legal rights, confidential information, security, systems, suppliers, other clients, the public, or to comply with a platform, registrar, host, payment provider, regulator, court, or legal requirement.

You agree to provide reasonable assistance and information needed to respond to any complaint, takedown request, dispute, or legal demand connected with content, materials, claims, instructions, or access you provided to us.

Unless we both expressly agree otherwise in writing, we may display your completed website, business name, logo, screenshots, or a general description of the work in our portfolio, case studies, social media, proposals, marketing materials, and social media content.

This may include posts, reels, shorts, videos, screenshots, screen recordings, walkthroughs, before-and-after examples, and other promotional content on platforms such as Instagram, TikTok, YouTube, Facebook, X/Twitter, LinkedIn, and our website.

Unless otherwise agreed in writing, websites designed, built, hosted, or managed by ORANGEY PTY LTD may include a small footer credit or similar attribution with a link to our website. The wording may vary, including wording such as “Designed & managed by ORANGEY PTY LTD”, “Designed & managed by orangey.com.au”, “Designed & built by ORANGEY PTY LTD”, “Designed & built by orangey.com.au”, or similar wording.

The credit will be reasonably placed and will not intentionally interfere with the function, usability, or professional appearance of your website.

We will not intentionally disclose private access details, confidential business information, or sensitive information in portfolio, footer credit, or marketing material.

To the maximum extent permitted by law, we are not liable for indirect loss, lost profits, lost revenue, business interruption, loss of data, lost leads, lost rankings, advertising performance, or issues caused by third-party services.

To the maximum extent permitted by law, our total liability in connection with the services is limited to the amount paid by you for the affected service in the three months before the issue arose.

Nothing in these terms excludes rights, guarantees, remedies, or protections that cannot be excluded under Australian law.

Our collection and handling of personal information is explained in our Privacy Policy.

Where we use website analytics, we aim to use privacy-friendly, cookie-less analytics where practical.

You are responsible for telling us if your project involves sensitive personal information, health information, children’s information, regulated industries, or special privacy requirements.

We use reasonable technical and organisational measures designed to help protect websites, accounts, systems, and personal information we handle in connection with the services.

You are responsible for using strong passwords, keeping login details secure, enabling multi-factor authentication where available, limiting who has access to your accounts, and promptly telling us if you become aware of unauthorised access, suspicious activity, or a possible security issue.

No website, hosting environment, software, plugin, form, email system, analytics tool, AI tool, payment processor, or third-party service can be guaranteed to be perfectly secure, uninterrupted, or free from vulnerabilities.

If a security incident or data incident affects personal information we handle in connection with the services, we will take reasonable steps to assess, contain, and respond to the incident. Where legally required, we or the responsible organisation will notify affected individuals, regulators, or other relevant parties.

You must tell us before we begin work if your project involves sensitive personal information, health information, children’s information, regulated industries, high-risk data, special security requirements, or special privacy requirements.

We may update these terms from time to time. The latest version published on our website applies from the listed updated date, unless otherwise required by law or agreed in writing.

For ongoing monthly managed services, where a change materially disadvantages you, we will give reasonable notice where practical. If you do not agree to a materially disadvantageous change, you may cancel your monthly service before the change applies, subject to any amounts already due for services already supplied.

Changes to these terms do not remove any rights you have under Australian law.

If a dispute arises, either party should first give written notice describing the issue and the outcome they are seeking. Both parties agree to make a reasonable, good-faith attempt to resolve the dispute before starting court proceedings, except where urgent action is needed to protect rights, property, confidential information, systems, or legal interests.

These terms are governed by the laws of Victoria, Australia. The parties submit to the courts of Victoria, Australia.

Written notice may be given by email to the last email address provided by the receiving party, or to hello@orangey.com.au for notices to ORANGEY PTY LTD.

Email notices are treated as received when sent, unless the sender receives a delivery failure notice or has another reasonable reason to believe the email was not received.

You are responsible for keeping your contact details up to date.

If any part of these terms is found to be invalid, unlawful, or unenforceable, that part will be read down or removed to the extent necessary, and the rest of these terms will continue to apply.

These terms, together with any quote, invoice, proposal, checkout page, payment link, plan description, email, or written agreement supplied to you, form the agreement between you and ORANGEY PTY LTD for the relevant services.

Nothing said or implied outside those documents changes the agreement unless confirmed in writing.

For questions about these terms, contact ORANGEY PTY LTD by email at hello@orangey.com.au or through the contact form on our website.

For support-related requests, email support@orangey.com.au.