LAST UPDATED / 2 OCTOBER 2026
Terms of Service
1. Who these terms apply to
These terms describe the basis on which Cass Theodore provides marketing and website services. Your written proposal or quote identifies the supplier, agreed scope, fees and project arrangements. A project starts once the scope has been accepted in writing and any agreed initial payment has been received. Sending an enquiry does not commit you to a purchase.
A written project agreement can change these terms where expressly agreed. Neither these terms nor a project agreement removes rights that cannot lawfully be excluded.
2. Scope of services
The services, deliverables, inclusions and exclusions for each engagement are set out in your written proposal or quote. Only work expressly included in the accepted scope is covered.
Domain registration, hosting, third party subscriptions and ongoing support are included only where stated in your quote. Their costs and responsibility for managing them will be explained before you accept the project. Additional pages, functionality or integrations require a separate agreement if they fall outside the accepted scope.
3. Fees and payments
Fees, GST treatment, any deposit, payment stages and due dates are set out in your written proposal, quote or invoice. Any additional work must be agreed in writing, including its price, before it is carried out.
Invoices state their due dates. If a payment is overdue, I will contact you and may pause further work after giving written notice. A delay caused by an overdue payment may affect the completion date.
4. Your information and approvals
You are responsible for supplying accurate business information, your logo, suitable images and any necessary account access. You must have the rights and permissions to use the materials you supply, including photographs, trademarks and testimonials.
Please check the draft for accuracy, including services, pricing, contact details and any industry claims, before approving launch. I will correct errors caused by my work. You remain responsible for the accuracy of the business information you provide.
Do not send passwords by an ordinary enquiry form. Where access is required, we will agree an appropriate method.
5. Revisions, timing and changes
The number of revision rounds and the feedback process are set out in your accepted proposal or quote. A revision refines the agreed scope; a different design direction, additional sections or new functionality may require a separate quote.
We will agree a target timetable once the necessary content and access are available. A delay in content, feedback, access or a third party service may change that timetable. I will let you know about material delays. No launch date is guaranteed unless expressly agreed in writing.
6. Cancellation and refunds
If you want to cancel, contact me in writing. For a change of mind cancellation, I will provide an itemised account of reasonable work completed within the agreed scope and any unavoidable third party costs you approved. Charges will not exceed the agreed project price without your prior approval. Any payment remaining after those charges will be refunded. I will not automatically retain your entire deposit.
If I cannot complete the project, I will discuss the available options with you, provide any work you have paid for where it can be transferred, and refund fees for services not provided. This does not limit any remedy you are entitled to by law.
If there is a problem with the service, please contact me so we can work through an appropriate remedy. Refund, cancellation, repair and compensation rights under Australian Consumer Law continue to apply where relevant.
7. Ownership and handover
You retain ownership of the materials you supply. On full payment, you receive the final agreed website files and rights to use the original content created specifically for your project, as set out in your quote. Existing templates, reusable code, tools and general methods remain with their original owners; you receive the rights needed to use them as part of your finished website.
Third party fonts, stock images, open source code and platform components remain subject to their respective licences. Your quote will identify the hosting arrangements, available access and what can be transferred at handover. A domain should be registered in your name or business name. A hosted website may require ongoing platform services even when its files can be transferred.
8. Portfolio permission
I will ask for written permission before showing your completed public website or other project work in my portfolio. Any portfolio permission that forms a condition of a specific offer will be stated in your written proposal or quote before you accept it. This may include your business name, public logo, screenshots and a link. It does not permit disclosure of private business information, customer data or performance metrics.
The extent of this permission will be confirmed in writing. It does not require you to provide a testimonial or a positive review. Contact me if you later have a concern about how your website is displayed.
9. Third party services and ongoing support
Hosting, domain registrars, booking tools, form services, analytics and advertising platforms have their own terms and charges. I will explain the relevant arrangements for your project. Their availability and changes are outside my direct control, but this does not remove my responsibility to provide the services I have agreed to deliver.
Ongoing care or updates require a separate written agreement. A website build does not guarantee sales, enquiries, advertising results or search rankings. Basic search setup is not an ongoing SEO service.
10. Consumer rights and disputes
Nothing in these terms excludes, restricts or modifies a consumer guarantee or other right under Australian Consumer Law that cannot lawfully be excluded. Services will be provided with due care and skill. Where applicable, you retain the remedies provided by law if a service does not meet a consumer guarantee.
For questions or concerns, email cass@thatmrkg.com. We will first try to resolve the issue directly. These terms are governed by the laws of Victoria, Australia, subject to any rights you have under applicable law.
11. Changes to these terms
Updated terms may apply to new projects after they are published. Changes will not alter an existing accepted project agreement without your agreement, except where required by law.