When work can be cancelled, and what happens to money already paid.

Elite Dev: Refund & Cancellation Policy

Part A: Core Refund and Cancellation Terms

This first section, Part A, establishes our foundational policy for all refunds and cancellations. It's important to read these general terms alongside the service-specific conditions detailed in Part B, as they work together.

At a Glance (General Policy)

This policy clarifies:

• How our approach to refunds, replacements, and cancellations aligns with your consumer rights under the Australian Consumer Law (ACL).
• What you are entitled to in the case of major and minor issues with our services.
• Our position on refund requests resulting from a change of mind.
• The correct procedure for submitting a refund claim or cancelling a service subscription.

1. Your Guarantees Under Australian Consumer Law (ACL)

In line with the Competition and Consumer Act 2010 (Cth), our services are provided with consumer guarantees that cannot be legally excluded.

For a major failure with any service, you are entitled to:

• Cancel the service agreement with us; and
• Receive a refund for the unused portion or be compensated for its diminished value.

If the issue is a minor problem (not a major failure), you have the right to have the issue rectified by us within a reasonable time. If we fail to do so, you are then entitled to:

• Engage another provider to fix the problem and recover all reasonable expenses from us; or
• Terminate the contract and claim a refund for the unused part of the service.

2. Regarding Change-of-Mind Requests

While we recognise that plans can change, we generally do not provide refunds or credits for a change of mind once a service is underway or significant resources have been committed.

Deposits paid to secure the start of a service are typically non-refundable for change-of-mind cancellations. This is because these funds cover our initial investment in consultation, research, and allocating resources to your project.

As a gesture of goodwill, and at our sole discretion, we might consider offering a service credit or rescheduling if:

• You provide written notification well before the service start date or before substantial work has commenced.
• We have not already incurred significant costs or dedicated non-recoverable resources to your project.

Any such arrangement will be assessed and decided on a case-by-case basis.

3. Identifying Major Service Failures

A major failure is identified when:

• A reasonable consumer, fully aware of the problem's extent, would not have purchased the service.
• The service is materially unfit for its standard purpose and cannot be easily rectified in a reasonable timeframe.
• The service is unsuitable for a specific purpose you communicated to us, and it cannot be made suitable within a reasonable timeframe.
• The service does not deliver a result that you informed us you wished to achieve, and it cannot be rectified to do so in a reasonable timeframe.
• The delivery of the service results in an unsafe situation.

In the event of a major failure, you have the right to choose to:

• Terminate the service agreement and get a refund for any payments covering the unperformed or unused part of the service.
• Continue with the contract and be compensated for the difference in value between the service you received and the price you paid.

4. Addressing Minor Service Problems

If a service issue is minor and fixable, we commit to resolving it within a reasonable period at no extra charge. The definition of a "reasonable time" will vary depending on the problem's complexity.

Should we not resolve a minor issue within a reasonable time, you have the right to:

• Hire another provider to resolve the issue and bill us for the reasonable costs.
• Cancel your service agreement and ask for a refund for the unused service portion.

5. How to Request a Refund or Remedy

To initiate a request for a refund, repair, or another solution, please contact us as soon as you notice the problem. We recommend making requests within 30 days of discovering the issue to ensure a prompt assessment.

Please email admin@elitedev.com.au with the following details:

• Your full name and contact information.
• The relevant invoice number or order reference.
• A clear, detailed explanation of the issue or failure.
• Supporting evidence (e.g., screenshots, email correspondence, dates).

We will confirm receipt of your request within two (2) business days and aim to assess and propose a resolution within ten (10) business days. More complex issues may require additional time, and we will keep you updated on our progress.

6. Cancelling Ongoing Services (General Conditions)

This section pertains to services on a recurring subscription or retainer model (e.g., monthly SEO plans). Specific terms for certain services are found in Part B.

• Cancellation Notice: Unless stated otherwise in Part B or your agreement, either party can cancel ongoing monthly services by giving a minimum of thirty (30) days' written notice.
• Fees & Partial Months: Subscription fees are billed in advance for each service period. If a service is cancelled mid-period, fees for that current period are non-refundable, and we do not refund partial months, unless required by the ACL (e.g., due to a major failure).
• Service During Notice Period: We will typically continue to provide the service during the 30-day notice period unless agreed otherwise.
• Minimum Terms: Due to the time required to see tangible results, some services may have a minimum commitment period (e.g., 3, 6, or 12 months). This will be explicitly stated in your service agreement or proposal. Early termination fees may apply as outlined in that agreement.

7. General Policy Contact Information

For questions about this General Refund & Cancellation Policy, or to submit a claim or cancellation request, please contact us:

• Email: admin@elitedev.com.au
• Address: Level 4, 260 Queen Street, Brisbane City
• Phone: 1300 902 000

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Part B: Service-Specific Refund & Cancellation Conditions

The conditions in this Part B apply to the specific services listed and are supplementary to the General Policy in Part A. In case of any contradiction, the terms in Part B take precedence for that service, while remaining compliant with the ACL.

1. Website Design & Development Services

• Includes: Custom Website Builds, WordPress & WooCommerce Solutions, Shopify Stores, Responsive Design.
• Project Work: These are project-based services with clear scopes and milestones.
• Deposits: An initial deposit is required to begin. This deposit is non-refundable for change-of-mind cancellations after work (including discovery, planning, or design) has started, as it covers our foundational costs.
• Milestone Payments: For large projects, payments are tied to milestones. If you cancel due to a change of mind, payments for completed milestones are non-refundable.
• ACL Failures: Your rights for major or minor failures are detailed in Part A, Sections 3 and 4.
• Client Delays: Extended delays from your side in providing content or feedback can affect timelines and may impact refund eligibility for certain project phases.

1.1. Website Copywriting

• Service Basis: Can be a one-off project or an ongoing retainer.
• One-Off Projects: Follows similar terms to Website Services (deposits are non-refundable once work begins).
• Ongoing Plans: For monthly retainers, the cancellation terms in Part A, Section 6 (30 days' notice, no partial month refunds) apply.
• Revisions: The service scope includes a set number of revisions. Refunds based on stylistic preferences are not offered after the revision process is complete, provided the copy aligns with the brief. Your ACL rights still apply.

2. Digital Marketing Services

• Includes: SEO, PPC Advertising, Social Media Marketing (SMM), Content & Email Marketing. These are typically ongoing monthly retainer services.
• General Terms: Unless your agreement states otherwise, the conditions in Part A, Section 6 apply:
  • 30 days' written notice is required for cancellation.
  • Current billing period fees are non-refundable.
  • Your ACL rights for major or minor failures are fully applicable.
• Minimum Terms: SEO and other comprehensive campaigns often require a minimum engagement period (e.g., 3-12 months) to deliver meaningful results, which will be specified in your agreement.

2.1. Search Engine Optimisation (SEO)

• Service Nature: SEO is a long-term strategy. We cannot guarantee specific rankings due to the ever-changing nature of search engine algorithms. This does not impact your ACL rights if there is a failure in our service delivery (e.g., not implementing agreed-upon strategies).
• Cancellation: Follows the General Ongoing Service Terms (Part B, Section 2).

2.2. Pay-Per-Click (PPC) Advertising

• Fee Structure: PPC costs include our management fee and the ad spend budget paid to platforms like Google or Meta.
• Management Fees: Covered by our General Ongoing Service Terms (Part B, Section 2).
• Ad Spend: Ad spend already paid or committed to third-party platforms is non-refundable by us. We will act promptly to pause campaigns upon receiving a cancellation notice to prevent further ad spend.
• Set-up Fees: One-time setup fees are non-refundable once the work is complete.

2.3. Social Media & Content Marketing (Ongoing)

• Service Scope: Includes content creation, community management, and paid ads.
• Cancellation: Follows the General Ongoing Service Terms (Part B, Section 2). Ad spend follows the same rules as PPC. Content already created and paid for will be delivered upon cancellation.

2.4. Email Marketing

• One-Off Campaigns: Follows similar terms to Website Copywriting projects.
• Ongoing Management: Follows the General Ongoing Service Terms (Part B, Section 2).

3. Brand & Logo Design

• Service Type: These are project-based services.
• Deposits: An initial deposit is non-refundable for change-of-mind cancellations after design concepts have been developed.
• Revisions: The process includes a set number of revisions. Refunds based on subjective taste are not provided after the revision process has been used, assuming the designs align with the brief. Your ACL rights are unaffected.
• Intellectual Property (IP): Ownership of the final IP (e.g., logo) transfers to you upon full payment.

4. Website Support & Maintenance

4.1. Managed Hosting

• Billing: Billed monthly or annually in advance.
• Cancellation: Requires 30 days' written notice. Fees for the current billing period (monthly or prepaid annual) are non-refundable.
• Data: You are responsible for backing up your data upon cancellation. We may offer migration assistance for a separate fee.

4.2. Website Care Plans

• Billing: Billed monthly in advance.
• Cancellation: Requires 30 days' written notice. Fees for the current month are non-refundable.
• Inclusions: Unused monthly allowances (e.g., support time) do not roll over and are not refundable.
• ACL: Your full ACL rights apply, for instance, if we persistently fail to perform the agreed-upon maintenance.

5. Business Automation Services

• Nature of Service: These services are highly customised. Specific refund, cancellation, and payment terms will be clearly defined in your individual service agreement or proposal. The core principles of the ACL as outlined in Part A will always apply.

All prices are in Australian Dollars (AUD) and exclude GST unless specified otherwise. Any refunds processed will account for the GST component if it was part of the original payment.