Terms & Conditions

1. Agreement

By creating an account, ordering services, or purchasing a subscription, you agree to these Terms. Where the checkout requires you to tick a box confirming acceptance, that recorded acceptance — with its date, the version of these Terms shown to you, and the price displayed at the time — forms evidence of your agreement.

If you are entering into these Terms on behalf of a business, you confirm you are authorised to bind that business.

2. Services

The studio provides a Managed Website service: the design and provision of a managed business website, together with the hosting and basic technical maintenance needed to keep it running.

The standard subscription includes:

• A designed, managed business website
• Website hosting and deployment
• SSL/TLS certificate
• Basic technical maintenance
• Routine dependency and security updates
• Basic uptime and technical monitoring
• Connection of a domain you already own

Exact features depend on the package you select and any scope separately agreed in writing. Where a written quote or statement of work differs from this page, that document governs the work it describes.

3. Subscription fees

The standard Managed Website subscription is currently $79 AUD per month, unless a different amount has been specifically agreed with you.

This is a recurring subscription, not a one-off purchase. It renews automatically each month and continues to be charged until it is cancelled in accordance with section 12.

Fees may change with reasonable prior notice by email. If you do not wish to continue at a changed price, you may cancel before it takes effect.

4. Billing

Payments are processed by Stripe. Card details are entered on Stripe’s systems and are never seen or stored by the studio. By subscribing you authorise Stripe to charge your nominated payment method the recurring subscription fee for your selected plan, on the recurring schedule for that plan, until the subscription is cancelled.

Receipts and tax invoices for subscription payments are issued through Stripe. Taxes are applied according to the studio’s Stripe and tax configuration in force at the time of the charge; the amount and treatment shown on your Stripe receipt is the authoritative record for that payment.

Failed payments. If a payment fails, Stripe will retry it over the following days and the studio will get in touch. If the account remains unpaid, the service may be suspended under section 11 until it is brought up to date.

5. Domain names

Domain registration and renewal are not included in the $79 subscription unless a separate written offer expressly says otherwise.

If you already own a domain, the studio can connect it to your website. The domain should normally remain registered in your name, and it remains your property.

If you do not own a domain, the studio may assist with registering one. Registration, renewal, premium-domain and transfer charges are separately payable and are not part of the subscription. You will be shown the applicable charge before any domain is purchased or any registration is authorised on your behalf.

Premium or unusually expensive domains are never included within the subscription. Domains are ultimately controlled by third-party registrars and their own terms and renewal deadlines apply.

6. Intellectual property

Studio intellectual property. The studio retains ownership of everything it creates and reuses to build and run websites, including its source code, website templates, reusable layouts, components and libraries, internal tooling, automation and AI-assisted development systems, deployment architecture, design systems, the underlying website framework, and its proprietary development methods. Paying the subscription does not purchase or transfer any of this.

Your intellectual property. You retain ownership of the original material you provide, including your business logo, existing branding, photographs, trademarks, business information, and original text or other material supplied by you. Nothing in these Terms transfers ownership of that material to the studio.

You grant the studio the permission reasonably necessary to store, adapt, display and publish that material for the purpose of building, hosting and maintaining your website, and to show the finished website in the studio’s portfolio unless you ask us in writing not to.

7. Licence to use the website

While your subscription is active and fees are paid, the studio grants you a limited, non-exclusive, non-transferable licence to use the deployed website for your business.

This licence is a right to use the website as deployed and operated by the studio. It is not a transfer of ownership of the underlying source code, templates, components or systems described in section 6.

8. Your responsibilities

You agree that:

• the information you give the studio is accurate and kept up to date
• you own, or have the rights to use, the photographs, logos, text and other material you supply
• the website content you request is lawful, and does not infringe anyone else’s rights
• you will not ask the studio to publish unlawful, misleading or infringing content
• you maintain appropriate control of your domain, email and other third-party accounts where they are registered in your name
• you keep your account credentials secure and tell us promptly if you believe someone else has used your account

9. Changes and additional work

The subscription is primarily a managed website and hosting service. Work beyond that is quoted and charged separately. This includes, for example:

• Domain registration and renewal fees
• New pages and major website changes
• New functionality and integrations
• Significant design or redesign work
• Photography and copywriting projects
• SEO campaigns and ongoing marketing
• Other bespoke development work

It also includes additional pages, major content changes, e-commerce functionality and advanced SEO work.

The studio will tell you the applicable price, or give you a quote, before carrying out chargeable additional work. No additional paid work is performed without you being informed of the charge first.

10. Third-party services

Delivering the service relies on third-party providers, which may include Stripe for payments, domain registrars, DNS providers, hosting and CDN providers, email providers, analytics providers and other infrastructure providers.

Those providers operate under their own terms. The studio does not guarantee the uninterrupted operation of third-party services that are outside our reasonable control, and is not responsible for their acts or omissions — but nothing in this section limits any right or remedy you have that cannot lawfully be excluded (see section 15).

11. Suspension

The studio may suspend the service where it is reasonably necessary, including for non-payment, a security threat, unlawful content, misuse of the service, or a material breach of these Terms.

Where practical we will tell you first and give you a reasonable opportunity to put the matter right. Suspension is not used arbitrarily, and the service is restored once the cause is resolved.

12. Cancellation

You may cancel at any time. There is no lock-in period and no early termination fee.

To cancel, do either of the following:

• open Manage billing in the client portal, which takes you to Stripe where the subscription can be cancelled directly; or
• email the studio at david.merxhushi@etuviel.studio asking to cancel.

Recurring billing stops in line with the effective cancellation date and the Stripe billing arrangement for your plan. Cover normally continues to the end of the period you have already paid for, and no further payments are taken after that. Fees already paid for an elapsed period are not refunded, except where a refund is required by law.

The studio may end the service by giving you reasonable written notice, or immediately where there is a serious or repeated breach that has not been remedied.

13. What happens after cancellation

When the managed website service ends:

• the studio may cease hosting and serving the website
• your licence to use the deployed website ends
• the underlying source code is not automatically transferred to you
• the studio continues to own its reusable code, templates, systems and proprietary intellectual property
• content you own — your logos, photographs, trademarks and original text — remains yours
• a domain registered in your name remains yours, and can be pointed elsewhere

A website or source-code buyout, licence, export or migration may be offered where the studio agrees to provide one. Any such arrangement must be separately agreed in writing, and may carry its own fee. These Terms do not promise that a buyout will be available.

14. Availability and maintenance

The studio will use reasonable efforts to operate and maintain the service, apply routine updates, and keep the website available. We do not promise perfect or uninterrupted availability: hosting platforms, networks and third-party services can fail, and planned maintenance is occasionally necessary.

This section is subject to any guarantee, right or remedy that cannot lawfully be excluded (see section 15).

15. Liability and Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have that cannot lawfully be excluded, restricted or modified under applicable Australian law, including the Australian Consumer Law.

Where the Australian Consumer Law applies and permits us to do so, our liability for a failure to comply with a consumer guarantee in respect of services is limited to resupplying the services, or paying the cost of having them resupplied.

Subject to the above, and to the extent permitted by law, the studio is not liable for indirect or consequential loss, loss of profits, loss of business, or loss of data arising out of the service.

16. Privacy

How the studio handles personal information is set out in our Privacy Policy, which forms part of these Terms.

In summary, personal information is processed where reasonably necessary to run accounts, take payments, provide support, deliver and maintain the website service, administer the business, and keep the service secure. The Privacy Policy is not reproduced here — please read it there.

17. Changes to these Terms

The studio may update these Terms from time to time, for example to reflect changes to the service or to legal requirements. Each version carries a version date, shown at the top of this page.

For changes that materially affect an existing subscription, we will give you reasonable notice by email before they take effect and, where appropriate, ask you to accept the revised Terms. If you do not wish to continue under the revised Terms, you may cancel under section 12.

Acceptances already recorded are kept as they were: a new version never rewrites the record of what you previously agreed to.

18. Governing law

These Terms are governed by the laws applicable in New South Wales, Australia, and the courts of New South Wales have jurisdiction over any dispute arising in connection with our services. This is subject to any mandatory law that applies to you and cannot be excluded by agreement.

19. Contact

Etúviel Studios
ABN 76 319 792 038
Wollongong, NSW, Australia
david.merxhushi@etuviel.studio

Questions about these Terms, your subscription or a quote can go to that address.