Terms of Service

Last Updated: 5 June 2025

Welcome to Blimp.au ("Blimp", "We", "Us", "Our"). These Terms of Service ("Conditions") govern your use of our website design, development, and related services ("Services") and the delivery of any digital products, websites, or software ("Goods"). By engaging Our Services or purchasing Our Goods, You ("Client", "You", "Your") agree to be bound by these Conditions. Please read them carefully.

1. Definitions and Interpretation

In these Conditions, and any Quote, Order, or other arrangement in connection with the supply of Goods or Services by Blimp, the following words have the following meanings:

• "After Hours" means from 17:00 to 09:00 Monday to Friday and all-day Saturday and Sunday, including Public Holidays relevant to Perth, Western Australia.
• "Business Hours" means Monday to Friday from 09:00 to 17:00 excluding Public Holidays relevant to Perth, Western Australia.
• "Client", "You", or "Your" means a person or entity who seeks or obtains a quote for, or who orders, Goods or Services from Us, and includes their heirs, successors and assigns.
• "Conditions" means these terms and conditions.
• "Goods" means any websites, web applications, software, designs, graphics, content, and any other digital products or materials created, supplied, or sourced by Us in connection with Our Services.
• "GST" has the meaning given to it under A New Tax System (Goods and Services Tax) Act 1999 (Cth).
• "Order" means any order, request, or agreement by You to Us for Goods or Services, in any form (including email or acceptance of a Quote).
• "Quote" means a quote or proposal provided to You by Us for Goods or Services.
• "Period" means a particular number of days, weeks, months, or any other period, as may be agreed between Us and You as the period during which some Services will be provided or a commitment term applies.
• "Plan" means any packaged arrangement between Us and You for specific Services and/or Goods, including ongoing support or maintenance, as detailed in a specific agreement or Plan Schedule if applicable.
• "Public Holidays" means any day which is a public holiday in Perth, Western Australia.
• "Rates" means the hourly rates, project fees, and other charges for Services and Goods set out in a Quote, Plan, contract, or other arrangement entered into by Us and You.
• "Service Request" means a request from You for support, changes, additions, or technical assistance related to Goods or Services provided by Us.
• "Services" means the provision of any services by Us, including but not limited to website design, web development, software development, hosting assistance, consultation, content creation, search engine optimisation (SEO), maintenance, support, advice, and recommendations.
• "Software" includes website code, applications, plugins, scripts, and any associated intellectual property or licensable material, whether custom-developed by Us or third-party.
• "Us", "Our", or "We" means Blimp.au (and any associated entities or successors).
• "Work" means anything We may design, develop, create, provide, customise, produce, or acquire, whether or not in connection with, or for the purposes of, You or Your use or benefit, and includes strategy, planning, design, development, testing, deployment, troubleshooting, consultation, and documentation.

Unless the contrary intention appears: words denoting the singular include the plural and vice versa; references to gender include all genders; references to legislation include any amendments; headings are for convenience only; all references to dollars ($) are to Australian Dollars (AUD); a reference to time is to Perth, Western Australia time (AWST/AWDT as applicable).

2. Application of These Conditions

Unless otherwise agreed by Us in writing, these Conditions are deemed incorporated in and are applicable to (and to the extent of any inconsistency will prevail over) the terms of every Quote, Order, Plan, contract, or other arrangement in connection with the supply of Goods and/or Services by Us to You. The invalidity or enforceability of any one or more provisions of this Agreement will not invalidate the remaining provisions.

3. Commitment Term (If Applicable)

3.1. If Services are provided under a Plan or agreement with a minimum commitment term, that term will be outlined in Our Quote or agreement with You, beginning from the date specified or, if not specified, from the first of the month following Your acceptance.

3.2. After the expiry of any committed term, Services may continue on a month-to-month basis or as otherwise agreed, subject to the termination provisions herein.

4. Termination

4.1. This Agreement may be terminated by You upon thirty (30) days written notice if We:

4.1.1. Fail to fulfil in any material respect Our obligations under this Agreement and do not cure such failure within thirty (30) days of receipt of such written notice from You detailing the failure.

4.1.2. Breach any material term or condition of this Agreement and fail to remedy such breach within thirty (30) days of receipt of such written notice.

4.1.3. Terminate or suspend Our business operations, unless succeeded by a permitted assignee.

4.2. This Agreement may be terminated by Us upon thirty (30) days written notice to You for any reason, or immediately if You breach a material term (including payment obligations) and fail to remedy it within fourteen (14) days of notice, or if You become insolvent or bankrupt.

4.3. If either party terminates this Agreement, We will assist You in the orderly termination of services, which may include the transfer of relevant project files or data to You or another designated provider, provided all outstanding payments to Us have been made. You agree to pay Us for rendering such assistance at Our standard Rates.

4.4. Should You wish to terminate an engagement or Plan before the end of an agreed commitment term or project completion (without cause as per 4.1), You agree to pay all remaining payments due up until the end of the commitment term, or a kill fee equating to a reasonable portion of the total project value to cover work completed and resources allocated, as determined by Us.

5. Representations

You acknowledge that no employee or agent of Ours has any right to make any representation, warranty or promise in relation to the supply of Goods or Services other than subject to and as may be contained in these Conditions or a formal written Quote/Agreement signed by a director of Blimp.

6. Notices

Any notices given under these Conditions shall be in writing and sent by e-mail to Your last notified e-mail address or to Our contact email: hello@blimp.au.

7. Governing Law

These Conditions shall be governed by and construed in accordance with the laws of Western Australia, and the parties submit to the non-exclusive jurisdiction of the Courts of Western Australia.

8. Assignment

You may not assign Your rights and obligations under this Agreement without Our prior written consent. We may assign Our rights and obligations under this Agreement at Our discretion.

9. Variation of These Terms and Conditions

We may at any time vary these Terms and Conditions by publishing the varied Terms and Conditions on Our website (blimp.au). You accept that by doing this, We have provided You with sufficient notice of the variation. We are under no other obligation to notify You of any variation. Your continued use of Our Services after such changes will constitute Your acceptance of the new Terms.

Goods and Services

10. Quotes

10.1. Quotes will be valid for fourteen (14) days unless otherwise specified in the Quote. A Quote is an invitation to You to place an Order. Acceptance of a Quote constitutes an Order and agreement to these Conditions.

10.2. Quotes are based on the information You provide. Changes to scope or requirements may result in a revised Quote.

11. Orders and Project Commencement

11.1. An Order is accepted when We confirm acceptance in writing or commence Work.

11.2. We may require a deposit or upfront payment before commencing Work, as specified in the Quote or Order.

12. Cancellations and Rescheduling

12.1. If You cancel an Order after commencement, You will be liable for the costs of all Work performed up to the cancellation date, plus any third-party costs incurred by Us, and a reasonable cancellation fee if applicable (see also Clause 4.4).

12.2. If project timelines are significantly delayed due to Your failure to provide necessary information, feedback, or approvals, We reserve the right to pause the project and reschedule its completion, potentially incurring a rescheduling fee or adjusting the project cost.

13. Client Responsibilities

13.1. You agree to provide Us with timely access to all necessary information, materials (e.g., text, images, branding assets), and personnel required for Us to perform the Services.

13.2. You warrant that all materials You provide to Us are either owned by You or You have the necessary licenses and permissions for their use in the project. You indemnify Us against any claims arising from Your breach of this warranty.

13.3. You are responsible for reviewing and approving all Goods and Services in a timely manner. Delays in approval may impact project timelines.

13.4. You are responsible for arranging and paying for any third-party services not explicitly included in Our Quote (e.g., domain name registration, third-party software licenses, stock photography unless specified).

14. Web Hosting and Domains

14.1. Unless explicitly stated in Our Quote, web hosting and domain name registration services are not included as part of standard website design and development Goods/Services.

14.2. We may offer recommendations or facilitate setup with third-party hosting providers, but You will typically enter into a direct agreement with the hosting provider. We are not responsible for the ongoing performance, security, or uptime of third-party hosting services.

14.3. If We provide managed hosting services, specific terms for those services will be outlined in a separate agreement or Plan.

15. Testing and Acceptance

15.1. We will test Goods (e.g., websites) on common modern web browsers and devices as agreed or as per industry best practice at the time of development. We are not responsible for compatibility with outdated or obscure browsers/devices unless specifically agreed.

15.2. You will be given a period to review and test the Goods (the "Acceptance Period"), typically seven (7) to fourteen (14) days from notification of readiness, unless otherwise agreed. During this period, You must notify Us in writing of any defects or deviations from the agreed scope.

15.3. If no defects are reported within the Acceptance Period, or if You begin using the Goods for live commercial purposes, the Goods will be deemed accepted.

15.4. We will rectify any defects (errors or bugs directly caused by Our Work) reported during the Acceptance Period at no additional cost. Changes to scope or new feature requests are not considered defects and will be quoted separately.

16. Post-Launch Support and Maintenance

16.1. Unless a separate maintenance or support Plan is agreed upon, We offer a limited warranty period (e.g., thirty (30) days post-launch) during which We will rectify defects in the original Work free of charge.

16.2. This warranty does not cover issues caused by: Your (or third-party) modifications to the Goods, misuse, failure of third-party software/services (e.g., hosting, plugins not developed by Us), or new browser/OS versions released after project completion.

16.3. Ongoing maintenance, updates, security patching, and support beyond the warranty period are available under a separate Plan or at Our standard Rates.

17. Payment, Late Payment and Default

17.1. Payment due date: All invoices issued to You are due and payable to Us within the terms stated on the invoice (typically seven (7) or fourteen (14) days, unless otherwise agreed in writing). Payment can be made by methods specified on the invoice.

17.2. Late payment: Where You fail to pay an invoice by the due date, We may, in Our absolute discretion and without prior notice, suspend or discontinue the supply of Goods and/or Services to You, and charge interest on overdue amounts at a rate of 2% per month, or the maximum rate allowed by law, calculated daily.

17.3. Recoveries: All legal and other costs and expenses incurred in connection with the recovery of late payments will be added to the amount due by You to Us and will be recoverable from You.

17.4. Security: We may require You to provide security over Your property (including the Goods or any other property of Yours) as collateral for any Sum Due or as a condition precedent to the continuation of supply of Goods or Services.

17.5. No Set-off: You are not entitled to set off any amount due to Us by You against any amount due by Us to You.

18. Non-Solicitation of Clients and Employees

18.1. You agree that Our employees are valuable assets. You agree not to solicit or offer employment to any of Our employees or contractors who have been involved in providing Services to You, during the course of Our engagement and for a period of twelve (12) months thereafter.

18.2. In the event You breach this clause, You agree to pay Us a sum equivalent to 100% of the employee's total annual remuneration package as liquidated damages. This amount is a genuine pre-estimate of the costs We would incur to identify, recruit, hire, and train a replacement.

19. Software and Licensing

19.1. All third-party Software licences (e.g., for themes, plugins, stock media) are the responsibility of You, unless explicitly included in Our Quote. It is Your duty to store and comply with all such licences.

19.2. You indemnify and hold Us harmless against any claim, loss, or expense arising from any unauthorised Software use by You, or breach of any Software licence for Software You provide to Us for installation or integration.

19.3. For custom Software or code developed by Us as part of the Goods:

19.3.1. Upon full payment for the project, You are granted a non-exclusive, perpetual, worldwide licence to use the custom Software for the purpose it was created (e.g., for Your website).

19.3.2. We retain ownership of the copyright and all intellectual property rights in any custom Software, code, methodologies, or tools We create, unless otherwise explicitly agreed in writing and potentially subject to an additional IP transfer fee. This allows Us to reuse generic components and techniques for other clients, which keeps Our services efficient and affordable.

20. Copyright and Confidentiality

20.1. Warranty and Breach: You warrant that any confidential or copyright information or intellectual property (e.g., text, images, logos, business information) provided by You to Us belongs to You or You have full permission to use it. You indemnify and hold Us harmless against any claims, loss, costs, or expenses in connection with any breach of this warranty by You.

20.2. Retention of Title (Our IP): All copyright and other intellectual property rights in any Work (designs, code, concepts, strategies) created, commissioned, or acquired by Us in the course of supplying Services to You will be Our exclusive property unless otherwise agreed in writing (see also Clause 19.3.2). This includes preliminary designs or concepts not chosen for final development.

20.3. Confidential Information: We acknowledge that in providing Services, We may receive confidential information from You. We shall treat such information as confidential and take reasonable steps to protect it.

20.4. You also acknowledge that Our proposals, methodologies, tools, and business processes are Our confidential and proprietary information.

20.5. Both parties agree not to disclose the other's confidential information except as required by law or with written consent. This obligation survives termination of this Agreement. We reserve the right to display and link to Your completed project as part of Our portfolio and to write about the project on websites, in magazine articles, and in books.

21. Limitation of Liability

21.1. To the maximum extent permitted by law, Our total liability to You for any claim arising out of or in connection with this Agreement, the Goods, or the Services, whether in contract, tort (including negligence), statute, or otherwise, will not exceed the total fees paid by You to Us for the specific Goods or Services giving rise to the claim in the preceding six (6) months.

21.2. We are not liable for any indirect, consequential, special, or incidental losses or damages, including loss of profits, loss of data, loss of business opportunity, or damage to goodwill, even if We were advised of the possibility of such damages.

21.3. We are not responsible for failures or delays caused by events beyond Our reasonable control (Force Majeure), including acts of God, war, terrorism, pandemics, government restrictions, power failures, or internet outages.

22. Entire Agreement

These Conditions, together with any accepted Quote or Order, constitute the entire agreement between You and Us and supersede all prior communications, representations, understandings, or agreements, whether oral or written.

Appendix A: Service Request and Communication

When You contact Us for Service Requests (e.g., support, changes, new work), please use the following primary channels:

• Email: hello@blimp.au
• Phone: +61 8 6141 8771 (during Business Hours for non-urgent matters)

Please include a clear description of Your request, Your name, company, and return contact details. For urgent issues outside Business Hours that require immediate attention (and may incur After Hours rates), please call and if unanswered, follow up with an email marked "URGENT".

We aim to respond to non-urgent Service Requests within one (1) to two (2) Business Days.

These Terms of Service are effective as of the "Last Updated" date and subject to change as per Clause 9. It is Your responsibility to review these terms periodically.