Last updated: [3/06/25]
By purchasing or subscribing to any service provided by Epsilon ("we", "us", "our"), you ("Client", "you", "your") agree to be bound by the following Terms and Conditions. If you do not agree to these terms, do not proceed with purchasing or using our services.
These Terms and Conditions ("Agreement") constitute a legally binding contract between you ("Client") and Epsilon ("Epsilon", "we", "us", or "our") and apply to all services rendered by Epsilon, including but not limited to the design, development, deployment, and maintenance of websites and related digital assets ("Services"). By purchasing or subscribing to Epsilon Services, you acknowledge that you have read, understood, and agreed to be bound by the entirety of this Agreement.
Ownership and Licensing
1.1 All websites, templates, source code, content structures, designs, and tools created, provided, or deployed by Epsilon shall remain the sole and exclusive property of Epsilon unless otherwise expressly agreed to in writing.
1.2 Upon subscription to our Services, the Client is granted a limited, revocable, non-transferable, non-exclusive license to use the website created by Epsilon solely for the duration of their active, fully-paid subscription.
1.3 The Client does not acquire ownership, copyright, or any proprietary rights over any part of the website, nor any derivative works or modifications.
1.4 Upon cancellation, termination, suspension, or lapse in subscription, the Client’s access to the website, its features, backend systems, and any digital assets will be revoked immediately and without notice. Epsilon is under no obligation to provide data backups, transfer of files, or any website content after access has ended.
Subscription and Payment
2.1 Subscription fees for Services are billed in advance and must be paid in full before work commences or continues.
2.2 All fees are exclusive of GST unless stated otherwise. Applicable taxes will be added to invoices.
2.3 It is the Client’s responsibility to ensure accurate billing details and sufficient payment methods.
2.4 Subscription plans renew automatically unless cancelled in accordance with Section 4.
2.5 Failure to make payment by the due date may result in suspension or termination of Services at our sole discretion.
Service Scope and Performance
3.1 Epsilon shall provide web development and related Services as outlined in the selected subscription package.
3.2 Epsilon does not guarantee a specific timeline for completion due to the collaborative and iterative nature of website development.
3.3 The Client must provide all necessary content (text, images, branding, etc.) in a timely manner. Delays caused by the Client do not alter payment obligations.
3.4 Epsilon may, at its discretion, subcontract portions of the Services to trusted third-party professionals without notice.
3.5 Services are provided on an "as is" basis. Minor bugs, aesthetic adjustments, or performance discrepancies do not constitute grounds for cancellation, refund, or claim.
Cancellation Policy
4.1 The Client must provide written notice of cancellation no less than 30 days prior to the desired cancellation date.
4.2 Cancellations must be submitted in writing to [Insert Contact Email]. Verbal or informal cancellation requests are not valid.
4.3 The Client remains liable for all payments due during the 30-day notice period regardless of service use or satisfaction.
4.4 No cancellation is effective until confirmed by Epsilon in writing.
4.5 If the Client cancels prior to completion of the subscription term, no partial refunds or credits will be issued.
Refunds and Legal Consumer Rights
5.1 Epsilon does not provide refunds, credits, or reimbursements under any circumstances, except as required under the Australian Consumer Law (ACL) and Competition and Consumer Act 2010 (Cth).
5.2 Under the ACL, Clients may be entitled to a remedy only if a major failure occurs. A major failure is defined as a service that:
(a) Would not have been acquired by a reasonable consumer if they knew it was of such a nature;
(b) Is substantially unfit for its usual or disclosed purpose and cannot be remedied in a reasonable time;
(c) Poses a safety risk.
5.3 The following circumstances do not constitute a major failure:
Dissatisfaction with subjective aspects such as design preferences;
Poor business performance or lack of increased customer traffic;
Non-use of the website or features;
Client delays or inaction;
Temporary interruptions in service;
Minor issues that can be corrected.
5.4 Any claim under the ACL must be submitted in writing within 7 days of discovery, with supporting documentation and evidence.
5.5 If Epsilon determines a remedy is required, Epsilon may, at its sole discretion, choose to:
(a) Re-perform the Services;
(b) Repair or amend the work;
(c) Provide a refund proportionate to the non-performing portion.
5.6 This clause does not exclude, restrict, or modify any rights the Client may have under the ACL.
Client Obligations
6.1 The Client agrees to provide timely content, feedback, approvals, and access as needed to facilitate project delivery.
6.2 The Client is responsible for reviewing deliverables and notifying Epsilon of any errors, omissions, or required changes within 5 business days of delivery.
6.3 Epsilon is not liable for losses or delays resulting from Client negligence, delay, or miscommunication.
Performance Disclaimer
7.1 Epsilon makes no guarantee that the website or digital services will generate a specific business outcome, increase customer engagement, or result in measurable profit.
7.2 Business results depend on various factors outside of Epsilon’s control, including but not limited to market conditions, user behavior, SEO ranking, advertising strategy, and the Client’s marketing execution.
7.3 The Client agrees that no warranties or guarantees have been made as to the success or effectiveness of the website.
Intellectual Property
8.1 Epsilon retains ownership of all intellectual property created, including but not limited to website design, code, content layouts, brand collateral, and documentation.
8.2 The Client may not reproduce, redistribute, resell, modify, reverse-engineer, or create derivative works from any materials or services provided without Epsilon’s express written permission.
8.3 Use of our Services does not grant any ownership or license beyond the temporary use rights described in this Agreement.
Liability and Indemnity
9.1 To the extent permitted by law, Epsilon’s total liability arising from or in connection with the Services is limited to the amount paid by the Client in the 30 days preceding the claim.
9.2 Epsilon is not liable for any indirect, incidental, consequential, or special damages, including lost profits, data loss, or reputational damage.
9.3 The Client agrees to indemnify and hold harmless Epsilon from any third-party claims arising from content provided by the Client or use of the website in breach of this Agreement.
Dispute Resolution and Governing Law
10.1 In the event of a dispute, both parties agree to first engage in good-faith efforts to resolve the matter through informal negotiation.
10.2 If no resolution is reached within 30 days, either party may pursue formal legal action.
10.3 This Agreement is governed by the laws of South Australia, and both parties submit to the exclusive jurisdiction of the courts of South Australia.
Modifications
11.1 Epsilon reserves the right to update or modify these Terms at any time. Continued use of Services following changes constitutes acceptance.
11.2 Any changes will be communicated via email or posted on Epsilon’s website.
Entire Agreement
12.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, agreements, or representations.