Terms & Conditions
Last updated: 24 April 2026
1. About these Terms
These Terms and Conditions ("Terms") govern: (a) your use of our website at www.studio-agency.pages.dev (the "Website"); and (b) our provision of website design, development, maintenance and related services to clients. By using our Website, or by engaging us to provide services (including by accepting a written quote, paying a deposit, or signing off on a proposal), you agree to these Terms.
2. Who we are
Optima Strategic Design ("we", "us", "our") is a partnership operating in Victoria, Australia. In these Terms, "you" means a user of our Website or a client who has engaged us to provide services.
3. Our services
We provide: (a) website design, development and hosting for landscaping and outdoor living professionals; (b) ongoing website maintenance, support and analytics; (c) brand asset and logo design, if requested, for an additional fee; (d) on-site photography of client projects, at our discretion and subject to location; and (e) in-person discovery meetings, at our discretion. The specific services we will provide to you will be agreed in writing before work commences, typically by way of a quote, proposal or package selection (a "Quote"). Where these Terms and a Quote conflict, the Quote prevails for matters specific to that engagement.
4. Our packages
We currently offer three main packages: Starter (the essentials, beautifully executed), Standard (a full web presence, built to convert), and Professional (the complete digital strategist package). The features included in each package are outlined on our Website and in the Quote we provide to you. Pricing is determined on a project-by-project basis and is set out in your Quote.
5. Lump-sum model
If you pay a lump sum for your website: (a) you receive full ownership of the final website code and delivered assets once all amounts owing have been paid; (b) we retain ownership of any pre-existing tools, frameworks, components, libraries or templates used in the build and grant you a perpetual, non-exclusive licence to use them as part of your website; and (c) ongoing support, hosting management and analytics are not included and may be purchased separately.
6. Subscription model
If you pay an ongoing subscription: (a) we retain ownership of the website code and all underlying assets we create; (b) we grant you a non-exclusive, non-transferable licence to use the website for your business while your subscription remains active and paid up to date; (c) your subscription includes ongoing support, maintenance, hosting management and analytics as described in your Quote; (d) you may end your subscription at any time with reasonable written notice; and (e) if you end the subscription and want to retain the website, you may purchase ownership of the code for a fee agreed between us in writing.
7. Payment — lump-sum packages
A 50% deposit is payable before we begin work. The remaining 50% is payable upon launch of your website. Accepted payment methods may include bank transfer, Stripe or GoCardless, subject to availability.
8. Payment — subscription packages
Subscriptions are billed in advance every four (4) weeks. Accepted payment methods may include bank transfer, Stripe or GoCardless, subject to availability.
9. Late payment
If a payment is not received by its due date: (a) we will notify you on the due date; (b) no action will be taken if payment is received within seven (7) days; and (c) if payment remains outstanding after seven (7) days, we may, acting reasonably, suspend or take offline your website if we own the code under the subscription model, or suspend subscription services including support, maintenance and analytics if you own the code under a lump-sum engagement. We will reinstate services promptly once payment is received, though a reinstatement fee may apply.
10. Additional services
Additional services (such as logo design, brand assets or extra pages beyond those specified in your package) will be quoted separately and invoiced on the terms set out in that separate Quote.
11. Refunds
All fees are non-refundable, except: (a) where a component of the services we have delivered is demonstrably broken or non-functional as a result of our work, in which case we will at our option rectify the issue at no additional cost or refund the relevant portion of the fee; or (b) as required by the Australian Consumer Law (see clause 17). Nothing in this clause limits any rights you may have under the Australian Consumer Law that cannot lawfully be excluded.
12. Your responsibilities
You agree to: (a) provide us with accurate, complete and lawful information, content and assets required for us to perform the services; (b) respond to requests for feedback, approvals and information within a reasonable time; (c) pay all fees when due; (d) ensure you hold the rights to any content, images or materials you provide to us; (e) not use our services in a way that breaches any law or infringes the rights of others; and (f) not attempt to reverse-engineer, copy, resell or redistribute any code, design or proprietary system that we own.
13. Intellectual property
All pre-existing tools, templates and methodologies we use remain our exclusive property. You retain ownership of all content (text, images, logos) you provide to us, and grant us a licence to use it for the purpose of building and maintaining your website. Ownership of the final website is governed by clauses 5 and 6 above. You agree that we may display screenshots, links and other representations of work completed for you in our portfolio, on our Website, in marketing materials and in pitches to prospective clients. This portfolio right survives the end of our engagement.
14. Website use
When using our Website, you agree not to: (a) interfere with or disrupt the Website or its servers; (b) attempt to gain unauthorised access to any part of the Website; (c) use the Website to transmit harmful code, spam or unlawful content; (d) scrape, copy or reproduce content without our written permission; or (e) use any automated means to interact with the Website for commercial purposes.
15. Third-party services
Your website may rely on third-party services (such as Cloudflare, Google, payment processors and email providers). We are not responsible for the availability, performance, pricing changes or policies of those services. Where a third-party service fails or changes, we will use reasonable efforts to find a suitable alternative, but additional fees may apply.
16. Termination
You may terminate a subscription at any time by giving us reasonable written notice. Any fees already paid are non-refundable except as required by clause 11 or applicable law. We may terminate or suspend services: (a) immediately, if you materially breach these Terms (including by failing to pay beyond the grace period in clause 9, or by breaching clauses 12 or 14); (b) immediately, if continuing to provide services would expose us to legal or reputational risk; or (c) with at least 30 days' written notice, for any other reason. On termination, all fees owed to the date of termination remain payable, and any website hosted by us under a subscription arrangement may be taken offline.
17. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (ACL), or any other applicable law that cannot lawfully be excluded. Where the ACL applies and a guarantee cannot be excluded, our liability is limited, at our option, to re-supplying the services or paying the cost of having them re-supplied.
18. Limitation of liability
To the maximum extent permitted by law: (a) our total aggregate liability is limited to the total fees you have paid us in the three (3) months preceding the event giving rise to the claim; (b) we are not liable for any indirect, incidental, consequential, special or punitive damages, including loss of profits, data or goodwill; (c) we do not warrant that our Website or services will be uninterrupted or error-free; and (d) we are not liable for failures caused by events beyond our reasonable control, including internet or hosting provider outages, cyberattacks or acts of government.
19. Confidentiality
Each party agrees to keep confidential any non-public information shared by the other party during the engagement, and not to use that information for any purpose other than performing or receiving the services — except where disclosure is required by law or made to professional advisers under a duty of confidence.
20. Governing law and disputes
These Terms are governed by the laws of Victoria, Australia. If a dispute arises, the parties will first attempt resolution through good-faith negotiation for at least 14 days. If unresolved, the dispute will be referred to mediation through an agreed mediator, or one appointed by the Resolution Institute if no agreement is reached. If mediation fails within 30 days, either party may refer the dispute to arbitration in Melbourne, Victoria, under the rules of the Resolution Institute. Nothing prevents either party from seeking urgent injunctive relief from a court.
21. General
These Terms, together with any Quote or statement of work, form the entire agreement between us regarding the services. We may update these Terms from time to time — the updated version will be posted on our Website with a new "Last updated" date, and existing clients will be notified of material changes. If any provision is unenforceable, the remaining provisions remain in force. A failure to enforce any right is not a waiver. You may not assign your rights without our written consent.
22. Contact us
Optima Strategic Design | Melbourne, Victoria | www.studio-agency.pages.dev please contact us via our contact form