Terms and Conditions

These terms apply to all work undertaken by Cameron Nicholls such as design, web, and strategy. By approving a quote or proceeding with work you’re agreeing to them.

1. Estimates and Quotes

Estimates are provided as a guide for budgeting. Creative projects are difficult to price exactly, so an estimate should not be taken as a fixed quote. The actual cost may vary by up to ±10%. A formal quote locks the price for the scope described. If the scope changes, the price may change too.

2. Deposit and Payment

A deposit is required before work begins. The amount is agreed on a per-project basis depending on scope, and the figure stated in your quote overrides this general guide. The deposit is non-refundable and covers initial planning and creative time regardless of outcome. The remaining balance is due on completion, before final files are handed over.

Invoices are due within 7 days of issue unless otherwise stated in the quote. Accounts overdue by more than 14 days may incur a late payment fee of 10% of the outstanding amount per month until settled.

Cameron Nicholls is not currently registered for GST. All prices are GST-free.

If payment is not received at any agreed stage, I reserve the right to pause or stop work until it’s resolved.

3. Revisions and Scope

The quote covers the scope described. Feedback or changes that substantially alter the direction, add features, or revisit resolved decisions may result in additional charges. Revision time outside the scope is billed at $150/hr for design and $150/hr for production work.

If a project goes on hold for more than 30 days, I’ll invoice for work completed to date. If it’s paused for 60+ days without contact, I may treat it as terminated.

4. Client Responsibilities

I need you to be responsive. If feedback or required content isn’t provided within 10 working days of a review milestone, a 10% delay fee may apply to cover held time. Delays caused by you, such as slow approvals, late content, or changing direction, may also affect the schedule and final price.

5. Intellectual Property

Copyright on all original design work remains with Cameron Nicholls until the project is complete and the final invoice is paid in full.

Where multiple concepts are presented, the selected concept becomes yours (subject to full payment). All other concepts remain my property.

Unless specifically negotiated otherwise, source files and electronic artwork remain the property of Cameron Nicholls. Delivered files (PDFs, exported images, built websites) are yours to use once payment is complete. Source files can be licensed separately if needed, just ask upfront.

6. Photography and Illustration

Unless otherwise stated, any purchased stock imagery or photography is licensed for the specific project only. Re-use, adaptation, or use in additional contexts will require a fresh licence or additional compensation.

7. Third-Party Costs

If the project requires outside costs such as printing, stock photography, copywriting, fonts, hosting, or plugins, these are estimated at cost plus a 15% handling fee. I’ll flag these before committing.

8. Proofreading

I’ll do my best to catch errors, but I’m not a proofreader. The client is ultimately responsible for approving all copy and content before sign-off. Once you’ve signed off, reprints or re-work are at your cost.

9. Portfolio and Promotion

I reserve the right to include completed work in my portfolio, case studies, and promotional material unless you’ve asked me not to in writing before the project starts.

10. Hosting, Access and Site Management

Websites I build are static sites hosted on my infrastructure. Hosting is billed monthly and covers the hosting environment, SSL, the deployment pipeline, and reasonable security and maintenance. The site source is version controlled, so a site can always be rebuilt.

Access. Hosting accounts, deployment pipelines, and source code repositories are mine and are not shared. I don’t provide client or third party logins to these systems. A static site has no CMS or admin panel, so there’s nothing to log into.

Content updates. Minor content updates such as image swaps, text changes, and small copy edits are included in the monthly hosting fee, subject to reasonable use and normal turnaround times. New pages, design or layout changes, new functionality, and anything requiring design or development time are quoted separately.

Third party agencies. Where you engage another agency or contractor to work on the site, changes are still made by me and billed as above. I don’t provide third party access to hosting, deployment, or source code.

Handover. If you’d rather host and manage the site elsewhere, I’ll export the site source code and provide it to you with build and deployment notes, for a one-off handover fee. Handover requires all outstanding invoices to be paid in full. On handover, hosting and any included updates end, and I’m not responsible for the site’s operation, security, or maintenance from that point.

Exported source code is licensed to you for use on your own site only. It can’t be resold, redistributed, or used as the basis for other sites without a separate agreement. Any templates, components, or systems of mine used in the build remain my intellectual property.

Fees and termination. Hosting fees are reviewed annually and any change is given 30 days notice. Either party can end the hosting arrangement with 30 days written notice. Your domain name stays yours throughout. If hosting fees are more than 30 days overdue, I may suspend the site until the account is settled. If hosting ends without a handover arranged, the site goes offline.

Cameron Nicholls takes all reasonable steps to ensure the proper security and maintenance of all websites. However, the provision of services may be impacted by third party input and Cameron Nicholls is not liable for any issues caused as a result.

11. Use of AI Tools

AI tools may be used in the production of your project to assist with research, copywriting, code, or creative work. No client data is used to train AI models and no sensitive or confidential information is ever shared with AI systems.

12. Warranty

I stand behind my work. If a defect or error in something I delivered surfaces within 7 days of handover, I’ll fix it at no charge. This covers bugs and mistakes in the agreed deliverables. It doesn’t cover changes in direction, new requests, or issues introduced by third-party platforms or client modifications after handover.

13. Confidentiality

Anything you share with me in the course of a project, such as business information, strategy, financials, or unreleased work, stays between us. I won’t disclose confidential information to third parties without your permission. In return, I ask that any information about my processes, pricing, or unpublished work shared with you is treated the same way.

14. Termination

Either party can end the agreement in writing. If you terminate, I’ll invoice for all work completed and expenses incurred to that date. Any concepts or deliverables produced up to termination remain my property unless fully paid for.

15. Disputes

If something goes wrong, let’s talk before involving lawyers. Both parties agree to attempt a reasonable resolution before pursuing any legal action. These terms are governed by the laws of South Australia. If it does go to court, proceedings will be conducted in South Australia and the prevailing party is entitled to recover reasonable legal costs.

16. Limitation of Liability

I’ll always do my best to get things right, and Section 12 covers fixing defects in what I deliver. Beyond that, my total liability for any claim relating to a project or service is limited to the fees you’ve paid me for that particular work.

I’m not liable for indirect or consequential loss. That includes lost revenue, lost profit, lost data, lost business opportunities, or reputational damage, whether or not the possibility was raised beforehand.

Websites and automations depend on third party platforms and services I don’t control, such as hosting providers, domain registrars, APIs, and payment gateways. I’m not liable for outages, changes, price rises, or failures caused by those services.

Nothing in these terms excludes rights you have under Australian Consumer Law that can’t legally be excluded.

17. Client-Supplied Content

You’re responsible for anything you supply for use in a project. That includes copy, images, photography, video, logos, fonts, illustrations, music, and data.

By supplying it, you confirm you own it or hold the rights and licences needed to use it in the way the project requires. Fonts in particular need the right licence for the use, and web use, app use, and broadcast use are usually licensed separately from desktop use. If you’re not sure what you hold, tell me before we start and I’ll help you sort it out or source an alternative.

If a claim is made against me because of content you supplied, you agree to cover the reasonable costs of dealing with it. If I have reason to believe supplied content infringes someone else’s rights, I may decline to use it.

18. Changes to These Terms

These terms may be updated from time to time. The current version is always published at cameronnicholls.com.au.

For project work, the version current at the time you approve your quote is the one that applies for the life of that project. For ongoing services such as hosting, care plans, and retainers, the current published version applies, and I’ll give you 30 days notice before any change that materially affects you takes effect.

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Questions? Email cam@cameronnicholls.com.au