Terms & Conditions

1. Agreement to Terms

By accessing and using K&A Elevations (ABN: 81 724 780 726) services, you accept and agree to be bound by these terms and conditions. These terms are governed by Australian Consumer Law (ACL) and South Australian legislation. If you do not agree to these terms, please do not use our services.

2. Services

K&A Elevations provides digital marketing services including but not limited to:

• Website design and development
• Digital marketing campaigns
• Search Engine Optimization (SEO) services
• Business branding and graphic design
• Domain and email setup services
• Social media management

All services are provided with due care and skill in accordance with Australian Consumer Law. We warrant that our services will be fit for the purpose specified in your project agreement.

3. Consumer Guarantees (Australian Consumer Law)

Under Australian Consumer Law, you have guaranteed rights including:

• Services provided with due care and skill
• Services fit for the purpose you specified
• Services delivered within a reasonable time
• Right to compensation for loss or damage

These guarantees cannot be excluded and apply in addition to any other warranty we may offer. If we fail to meet a consumer guarantee, you may be entitled to a remedy under the ACL.

4. Payment Terms

Payment terms will be specified in individual project proposals. Generally:

• 50% deposit required to commence work (non-refundable once work begins)
• Final 50% due upon project completion and client approval
• Payment is due within 14 days of invoice receipt (unless otherwise specified)
• Interest may be charged on overdue accounts at the Reserve Bank cash rate plus 10% per annum
• GST will be added to all fees where applicable

5. Client Responsibilities

The client agrees to:

• Provide all necessary content, materials, and information in a timely manner
• Respond to requests for feedback within reasonable timeframes (typically 5 business days)
• Ensure all provided content complies with Australian laws and does not infringe third-party rights
• Make payments according to agreed terms
• Notify us immediately of any concerns or issues

6. Intellectual Property

Upon full payment, the client will own all custom work created specifically for their project, subject to any third-party licenses. K&A Elevations retains the right to display completed work in our portfolio and marketing materials unless specifically requested otherwise. Pre-existing templates, code frameworks, fonts, stock images, or third-party assets remain the property of their respective owners and may require separate licensing.

7. Revisions and Scope Changes

Each project includes a specified number of revision rounds as outlined in the project proposal (typically 2-3 rounds). Additional revisions beyond the agreed scope may incur extra charges at our standard hourly rate. Major scope changes will require a new written agreement and additional payment. All scope changes must be approved in writing by both parties.

8. Project Timeline and Delivery

Project timelines are estimates based on the client providing required materials and feedback promptly. Under Australian Consumer Law, services will be delivered within a reasonable time. If the client causes delays through late provision of materials or feedback, the timeline will be extended accordingly. We will communicate any potential delays as soon as they become apparent.

9. Limitation of Liability

Subject to Australian Consumer Law (which cannot be excluded):

• Our liability is limited to the total amount paid for the specific project
• We exclude liability for indirect, incidental, or consequential damages
• We are not responsible for third-party services or products
• The client is responsible for maintaining backups of all materials

Important: Nothing in these terms limits your rights under Australian Consumer Law, including rights to compensation for major failures.

10. Warranty and Support

We provide 30 days of free support after project completion for bug fixes and technical issues related to our work. This warranty is in addition to your consumer guarantee rights. Extended support packages are available separately. This warranty does not cover third-party services, hosting issues, or changes to specifications.

11. Termination and Cancellation

Either party may terminate this agreement with 14 days written notice. If terminated by the client, payment is due for work completed up to the termination date, calculated on a pro-rata basis. Deposits are non-refundable once work has commenced. You may have additional rights under Australian Consumer Law if we fail to meet our obligations.

12. Confidentiality

We agree to keep all client information confidential in accordance with the Privacy Act 1988 (Cth) and will not share sensitive business information with third parties without explicit written consent, except as required by law.

13. Force Majeure

Neither party will be liable for delays or failure to perform due to circumstances beyond reasonable control, including but not limited to natural disasters, government actions, strikes, or pandemics. We will notify clients of such circumstances and their likely duration.

14. Dispute Resolution

In the event of a dispute:

1. We will first attempt resolution through good faith negotiation
2. If unsuccessful, mediation may be pursued through an agreed mediator
3. Unresolved disputes may be referred to Consumer and Business Services (CBS) South Australia
4. Legal proceedings will be conducted in South Australian courts under Australian law

15. Governing Law

These terms are governed by the laws of South Australia and the Commonwealth of Australia. Any disputes will be subject to the exclusive jurisdiction of South Australian courts. Australian Consumer Law applies to these terms and cannot be excluded.

16. Unfair Contract Terms

If you are a small business (as defined under Australian Consumer Law), terms that may be considered unfair will not apply. We have prepared these terms to be fair and reasonable for all parties.

17. Electronic Transactions

Electronic communications and signatures are valid under the Electronic Transactions Act 1999 (Cth) and Electronic Transactions Act 2000 (SA). Project approvals and agreements may be conducted electronically.

18. Severability

If any term is found to be invalid or unenforceable, the remainder of these terms will continue to apply. Invalid terms will be replaced with valid terms that achieve the same commercial purpose.

19. Changes to Terms

We may update these terms to reflect changes in law or business practices. Material changes will be communicated to existing clients with at least 30 days notice. Updated terms will apply to new projects commenced after the effective date.

20. Contact Information

For questions about these Terms & Conditions: