Terms of Service

These Terms of Service govern the relationship between Same Day Studios (ABN 15 311 284 253, "we", "us", "our") and you ("the client", "you") for all digital services we provide. By engaging our services, you agree to these terms.

1. Who we are

Same Day Studios is a sole trader digital agency operated by Stephen Green, based at 4 Bringer Drive, Mickleham VIC 3064. We build websites, AI chatbots, and business applications for small Australian businesses.

Contact: [email protected]

2. Services we provide

We offer the following digital services. Specific deliverables, timelines, and pricing are confirmed in writing before any work begins.

All prices are exclusive of GST. Final pricing is confirmed in your quote or proposal and may vary based on project complexity and specific requirements.

3. What's included in your monthly plan (minor updates)

Our monthly plans include ongoing hosting, SSL certificates, monitoring, and a defined set of minor updates at no extra charge.

If you're unsure whether a request counts as a minor update, just ask. We'll let you know before any chargeable work begins.

4. Payment terms

1. Setup fees: A 50% deposit is required before work begins. The remaining 50% is due upon delivery and your approval of the final work. For projects under $500, full payment upfront may be requested.
2. Monthly plans: Billed monthly in advance. Your first monthly payment is due when the project goes live. Subsequent payments are due on the same date each month.
3. Invoicing: Invoices are sent via email and are payable within 7 days unless otherwise agreed.
4. Late payments: We reserve the right to suspend services if payment is more than 14 days overdue. Suspension does not relieve you of your payment obligations.
5. Additional work: Any work outside the agreed scope (including non-minor updates) is billed at $80/hr and invoiced separately, payable within 7 days.

5. Delivery timeframes

We're called Same Day Studios for a reason — we aim to be fast. Typical delivery timeframes are:

• Standard projects (business websites, chatbots, single automations): 1–3 business days from receipt of deposit and all required materials.
• Complex projects (job tracker apps, AI receptionists, multi-page SEO builds): quoted separately based on scope.

Delivery timeframes assume timely provision of content, feedback, and approvals from you. Delays on your end may push delivery dates out. We'll keep you updated if timelines change.

6. Revisions

We want you to be happy with the result. Our process includes:

• 2 rounds of revisions are included in your setup fee. You review the work, we make changes. Then you review again and we do a final pass.
• Additional revision rounds beyond the included two are billed at $80/hr.
• Major scope changes requested after work has begun (e.g., "actually, can we make it a 10-page site instead of 5?") are treated as new work and quoted separately.

We'll always flag if a change falls outside your included revisions before charging for it.

7. Client responsibilities

To keep things moving, you agree to:

• Provide any content we need (text, images, branding, logins) within a reasonable timeframe.
• Give clear, timely feedback during review rounds.
• Ensure all information you provide is accurate and doesn't infringe on anyone else's rights.
• Notify us promptly if anything changes (business details, requirements, contact information).

If we're waiting on content or feedback from you for more than 14 days, we may pause the project. It'll resume as soon as you're ready — just give us a nudge.

8. Intellectual property

• You own the final deliverables. Once full payment is received, all rights to the finished website, chatbot, app, or automation transfer to you. This includes design files, code, and content we've created specifically for your project.
• We retain the right to showcase the work in our portfolio, on our website, and in marketing materials (e.g., "here's a website we built for a Melbourne plumber"). If you'd prefer we didn't, just let us know — we'll respect that.
• Third-party components (e.g., open-source libraries, licensed fonts, stock images) remain subject to their original licences. We'll let you know if any such components are used in your project.
• Our tools and methods — the underlying frameworks, templates, automation scripts, and development approaches we use to build your project — remain our property. You're paying for the finished product, not our toolchain.

9. Cancellation

• Setup phase: If you cancel before delivery, the deposit is non-refundable (it covers the work already done). If we haven't started work yet, we'll refund the deposit in full.
• Monthly plans: Require 30 days written notice (email is fine). Your plan remains active and billable during the notice period. After cancellation, we'll provide a reasonable export of your content and data if applicable.
• We can cancel too: We reserve the right to terminate a project or monthly plan with 30 days notice if the working relationship isn't working out, or immediately if you breach these terms. We'll refund any prepaid unused portion of your monthly plan.

10. Liability

• Services are provided "as built". We build to your specifications and do our best work — but we can't guarantee specific business outcomes (e.g., sales increases, Google rankings).
• No liability for indirect losses. We are not liable for any indirect, consequential, or special losses (like lost revenue, lost data, or business interruption) arising from your use of our services.
• Liability cap. Where liability cannot be excluded by law, our total liability to you is capped at the total fees you've paid us in the 3 months preceding the claim.
• Australian Consumer Law. Nothing in these terms excludes or limits your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the ACL.
• Third-party services. We're not responsible for third-party services we don't control (e.g., hosting outages, Formspree downtime, domain registrar issues), though we'll do our best to help resolve any problems.

11. Governing law

These terms are governed by the laws of Victoria, Australia. Any disputes will be handled in the courts of Victoria.

We prefer to sort things out directly. If you have a concern, email us at [email protected] and we'll do our best to resolve it.

12. Changes to these terms

We may update these Terms of Service from time to time. The current version is always at samedaystudios.day/terms.html. For existing clients, we'll give at least 14 days notice before any material changes take effect.