Terms of Service

These Terms of Service govern your use of Mistwood Labs' services and website. By engaging with our services, you agree to be bound by these terms.

1. About Mistwood Labs

Mistwood Labs (ABN 13 605 311 712) is an Australian digital agency specialising in AI-powered solutions, web development, branding, and digital marketing services. We are committed to delivering high-quality digital solutions that comply with Australian consumer protection laws.

2. Services Provided

Our services include but are not limited to:

• AI Agent Design and Deployment
• Website Design and Development
• App UI/UX Design
• Logo and Brand Identity Design
• Affiliate Marketing Funnels
• Digital Marketing Campaigns
• Business Consultation Services

3. Service Agreements and Quotes

All services are provided under individual service agreements. Quotes are valid for 30 days unless otherwise specified. Project scope, timelines, and deliverables will be clearly outlined in your service agreement. Any changes to the agreed scope may result in additional charges.

4. Payment Terms

Payment terms will be specified in your service agreement. Generally:

• A deposit may be required before work commences
• Payment schedules will be agreed upon based on project milestones
• Final payment is due upon project completion
• Late payment fees may apply as outlined in your agreement

5. Intellectual Property

Upon full payment:

• You will own the rights to custom work created specifically for your project
• Mistwood Labs retains rights to general methodologies, tools, and pre-existing materials
• Third-party assets (fonts, stock images, plugins) remain subject to their respective licences
• Mistwood Labs may use project work for portfolio and marketing purposes unless otherwise agreed

6. Client Responsibilities

To ensure successful project delivery, clients must:

• Provide accurate and timely information, content, and feedback
• Respond to communications within agreed timeframes
• Provide necessary access to systems, accounts, and platforms
• Ensure all provided content is original or properly licenced
• Make payments according to agreed schedules

7. Project Delays and Changes

Project timelines may be extended due to:

• Delays in client feedback or approvals
• Changes to project scope or requirements
• Technical issues beyond our reasonable control
• Third-party service dependencies

Additional costs may apply for significant scope changes or extended project timelines caused by client delays.

8. Website and Hosting

For web development projects:

• Clients are responsible for their own hosting arrangements unless otherwise agreed
• We provide guidance on suitable hosting options
• Ongoing maintenance and updates are available under separate agreements
• We are not responsible for hosting-related issues unless managing the hosting service

9. Third-Party Services

Our services may integrate with third-party platforms (CRM systems, marketing tools, etc.). You are responsible for:

• Obtaining necessary licences and subscriptions
• Compliance with third-party terms of service
• Data protection obligations for integrated services

10. Warranties and Limitations

We warrant our services will be performed with reasonable care and skill. However:

• We cannot guarantee specific business results or outcomes
• Digital marketing results depend on various factors beyond our control
• AI-powered solutions may require ongoing optimisation
• Technology platforms may experience downtime or technical issues

11. Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies consumer guarantees or rights under the Australian Consumer Law. If you are a consumer, you may have rights that cannot be excluded under Australian law.

12. Liability Limitations

To the extent permitted by law, our liability is limited to:

• Re-performing the defective services
• Refunding the cost of defective services
• The total amount paid for the specific service in question

We are not liable for indirect, consequential, or lost profit damages except where required by law.

13. Confidentiality

We maintain strict confidentiality regarding your business information and project details. Both parties agree to protect confidential information shared during the course of our business relationship.

14. Termination

Either party may terminate services with written notice. In case of termination:

• You remain liable for work completed to the termination date
• Completed work will be delivered upon payment of outstanding amounts
• Refunds may be provided for unused deposits at our discretion

15. Dispute Resolution

We encourage open communication to resolve any concerns. For formal disputes, we agree to:

• First attempt resolution through direct negotiation
• Consider mediation through recognised Australian dispute resolution services
• Submit to the jurisdiction of Australian courts if necessary

16. Changes to Terms

We may update these terms periodically. Updated terms will be posted on our website with the effective date. Continued use of our services constitutes acceptance of updated terms.

17. Contact Information

For questions about these terms or our services, contact us at:

Email: info@mistwoodlabs.com
Website: https://mistwoodlabs.com