BrandBuild™ Website Plan

Provided by Dual Pixel Media Pty Ltd trading as Jordan Kearney

Effective Date: 19th August 2025

1. Agreement to Terms

By subscribing through Stripe, you (“Client,” “You”) agree to these Terms of Service (“Agreement”). Dual Pixel Media Pty Ltd trading as Jordan Kearney (“Company,” “We,” “Us,” “Our”) provides the services outlined below. This Agreement is legally binding, and no other agreements, oral or written, override it.

2. Services Provided

We will deliver the following under the BrandBuild™ Website Plan:

• Website Build: A fully functional, mobile-friendly, professional website, delivered within 7–14 business days of receiving required materials.

• Hosting & Maintenance: Ongoing hosting, technical maintenance, and uptime monitoring.

• SEO Setup: Initial on-page SEO and Google listing setup.

• Review System: Integration of a review collection tool.

• Ongoing Updates: One (1) active design or content update request at a time, included in the weekly fee.

Upgrade Options

• Priority Support (+$10/week): Faster turnaround times and up to two (2) active update requests at a time.

• Brand Pack ($999 one-off): Full brand identity package (logo suite, typography, colour system, Canva templates, and print-ready files).

3. Payment Terms

• Standard Plan: $499 upfront setup fee, plus $29/week subscription fee (charged weekly via Stripe).

• Upgrades:

  
  

  • Priority Support: +$10/week

  • Brand Pack: $999 (one-time fee)

  
  

• Currency: All fees are in USD.

• Payment Method: Payments are processed automatically through Stripe.

Failed Payments

• If one payment fails, you will be notified and must update your payment method immediately.

• If two consecutive payments fail, your website will be taken offline until the account is brought current.

• The Company is not responsible for any business interruption caused by suspension due to failed payments.

4. Contract Term, Cancellation & Buyout

• Minimum Term: 6 months (26 weeks) from the date of subscription through Stripe.

• Cancellation: After 6 months, you may cancel at any time with 14 days’ written notice.

• Refunds: Payments are non-refundable. Any prepaid or unused services will not be credited upon cancellation.

Buyout Option

• After 6 months, you may purchase full ownership of your website for $1,500 USD.

• After 12 months, you may purchase full ownership of your website for $1,000 USD.

• Until a buyout is exercised, the Company retains ownership of the website.

5. Client Responsibilities

You agree to:

• Provide all required content (text, images, logos, credentials, access details) in a timely manner.

• Ensure content provided is lawful, accurate, and does not infringe on third-party rights.

• Maintain necessary business registrations, insurances, and licenses related to your services.

Delays caused by missing information or late approvals may extend delivery timelines without penalty to the Company.

6. Updates & Support

• Standard: One (1) active request at a time, completed before submitting the next.

• Priority Support: Two (2) active requests at a time.

• Reasonable Use: Requests must be reasonable in scope (e.g., flyers, landing pages, signage, socials). Excessive or abusive requests may be declined at our discretion.

• Turnaround: Typical turnaround is 3–7 business days per request, subject to complexity.

7. Ownership & Intellectual Property

• Before Buyout: All websites remain the property of the Company until the minimum 6-month term has been completed and a buyout option has been exercised, or the full 12-month period has elapsed with ongoing payments.

• After Buyout: Upon payment of the applicable buyout fee ($1,500 after 6 months, $1,000 after 12 months), full ownership of the website, design, and content is transferred to you. (Client)

• Brand Pack: Delivered assets are fully owned by you upon payment in full.

• Non-Payment: If payments lapse, we reserve the right to revoke or suspend access to the website until all amounts owing are settled.

8. Limitation of Liability

We are not liable for:

• Business losses, lost revenue, or indirect damages.

• Third-party downtime (e.g., Google, hosting providers).

• Content accuracy or compliance (you provide the content; we implement it).

Our maximum liability under this Agreement is limited to the amount paid by you in the preceding 3 months.

9. Termination

We reserve the right to suspend or terminate services immediately if:

• Payments are missed (see Section 3),

• You breach these terms,

• You engage in unlawful, fraudulent, or abusive conduct.

Upon termination, all outstanding fees remain payable.

10. Amendments

We may update these Terms of Service at any time with 14 days’ written notice. Continued use of services after notice constitutes acceptance.

11. Governing Law

This Agreement is governed by the laws of Victoria, Australia unless otherwise required by law. Disputes shall be resolved in the courts of that jurisdiction.

12. The “Fair Play” Clause

We operate on fairness and reasonableness. If unforeseen issues arise not covered in this Agreement, both parties agree to discuss in good faith and act reasonably to resolve matters.

By subscribing through Stripe, you acknowledge you have read, understood, and agree to these Terms of Service with Dual Pixel Media Pty Ltd trading as Jordan Kearney.