1. Acceptance of Terms

By accessing or using the website www.brightfolk.studio ("Site") and purchasing any products or services from Brightfolk Studio Pty Ltd (ACN 674 482 467) ("Brightfolk Studio", "we", "us", or "our"), you agree to be bound by these Terms and Conditions ("Terms"), our Privacy Policy, and any other policies referenced herein. If you do not agree to these Terms, please do not use our Site or services.

2. Business Information

This Site is operated by Brightfolk Studio Pty Ltd, ABN 18674482467. Our business address is located in Edgeworth, Newcastle NSW 2285. Contact us at hello@brightfolk.studio.

3. Services and Products

We provide:

• Custom services (branding and web design)

• Digital products (website templates, copywriting memberships, and other digital goods)

These Terms apply to all users and customers of our products and services.

4. Compliance with Australian Consumer Law

Nothing in these Terms excludes your rights under the Australian Consumer Law. We guarantee our products and services meet acceptable quality, are fit for purpose, and match their descriptions. Remedies are available for significant failures.

5. Pricing, Payment & Taxes

Prices are in AUD and inclusive of GST (if applicable). Payments are processed securely via Stripe. By purchasing, you confirm authority over the payment method. Subscription services are billed on a recurring basis as outlined below.

6. Delivery of Digital Products

Digital products are delivered via email or download after successful payment. If you experience technical issues, please contact us.

For website templates and other digital design products, please refer to our specific Template Licence & Purchase Terms for detailed usage rights and restrictions.

7. Refunds and Cancellations Digital Products:

No refunds for change of mind. Refunds or replacements are available if products are faulty or not as described.

Custom Services:

Deposits are non-refundable. Refunds are not available once work has commenced unless we fail to meet our obligations.

Subscriptions:

You may cancel anytime. Cancellations stop future renewals but do not refund the current billing cycle.

8. Intellectual Property

All content, templates, and designs on the Site are owned by Brightfolk Studio. When you purchase a digital product, you receive a non-transferable licence for personal or business use. Do not resell, redistribute, or replicate our products. For custom services, full ownership of final deliverables transfers to the client upon full payment. Preliminary drafts and background assets remain our property. We may showcase final work in our portfolio.

9. Acceptable Use

Users must not engage in illegal, abusive, or harmful activities on our Site. Do not attempt to disrupt or gain unauthorised access to our systems.

10. Subscription Terms

Subscriptions auto-renew until cancelled. Cancel via your account or email. Changes to pricing or terms will be notified in advance.

11. Limitation of Liability

To the fullest extent permitted by law, we disclaim liability for indirect, incidental, or consequential losses. Our liability is limited to re-supplying the product/service or refunding the cost. Consumer guarantees under the ACL are not excluded.

12. Disclaimers

We make no guarantees that our products or services will meet every user’s expectations. Informational content is not professional advice.

13. Indemnity

You agree to indemnify us against claims or damages arising from your misuse of the Site or breach of these Terms.

14. Governing Law & Disputes

These Terms are governed by the laws of New South Wales, Australia. Disputes shall be resolved in NSW courts. We encourage resolving issues informally before legal action.

15. Modifications

We may modify these Terms at any time. Continued use signifies acceptance. Check back periodically.

16. Termination

We reserve the right to terminate access for any breach of these Terms. Subscriptions may be refunded pro-rata unless termination is for cause.

17. Third-Party Links & Tools

We are not responsible for content or actions of third-party services linked on our Site.

18. Miscellaneous

If any provision is invalid, the remainder still applies. These Terms form the entire agreement unless superseded by a service-specific contract.