Terms of Service

Last updated: September 2026

These terms cover website design and development services provided by BRare (Briar), based in Sydney, Australia. They apply to any project undertaken after both parties agree to proceed — an enquiry through the contact form is not itself an agreement to these terms.

1. Enquiries and quotes

Submitting the enquiry form is a request for information, not a booking or contract. A project only begins once a quote has been provided and both parties confirm in writing (including by email) to proceed.

2. Project scope

Each project is scoped individually based on what's discussed during the enquiry and quoting stage. Work outside that agreed scope — additional pages, extra rounds of revisions beyond what's agreed, or new features requested after the build has started — may incur additional cost, which will be discussed before any extra work begins.

3. Payment

Unless otherwise agreed in writing for a specific project, a deposit is payable before work begins, with the balance due on completion and before the site is handed over or made live. Specific amounts and payment schedule are confirmed in each project's quote.

4. Timelines

Estimated timelines are provided in good faith based on the scope agreed at the time. Delays caused by late content, feedback, or approvals from the client's side may extend the delivery date accordingly.

Projects depend on material the client agrees to supply — photographs, logo files, copy and account access. Where that material has not arrived, the project is paused until it does. A paused project may be rescheduled around other work, and any deposit already paid remains payable against the work committed to.

5. Revisions

The number of revision rounds included is agreed as part of each project's scope. Reasonable refinements within that scope are expected as a normal part of the design process; requests that significantly change direction from what was originally agreed may be treated as new scope.

6. Intellectual property

Once a project is paid in full, the client owns the final delivered website — its design, content, and code created specifically for that project. Any third-party assets used (stock imagery, fonts, plugins, frameworks) remain subject to their own respective licences. BRare retains the right to showcase completed projects in its own portfolio and marketing materials, unless the client requests otherwise in writing.

7. Hosting and third-party services

Projects may be built on or deployed to third-party platforms (such as Netlify or similar hosts). Any ongoing costs for hosting, domain registration, or third-party subscriptions are the client's responsibility from the point of handover, unless a separate ongoing arrangement has been agreed.

8. Liability

Services are provided with reasonable care and skill. To the extent permitted by law, BRare is not liable for indirect or consequential loss arising from the use of a delivered website, and total liability for any claim is limited to the amount paid for the relevant project. Nothing in these terms excludes rights that cannot be excluded under Australian Consumer Law.

9. Termination

Either party may end an engagement with written notice. Work completed up to that point remains payable, and any deposit paid is non-refundable where work has already commenced, except where required otherwise by law.

10. Governing law

These terms are governed by the laws of New South Wales, Australia.

Contact

Questions about these terms can be sent to briarmets@gmail.com.