Terms of Service

1. About us

5D Publishing(“we,” “us,” “our”) is a web design and development studio building custom websites for healers, lightworkers, and wellness practitioners. Our founder is based in Australia.

Contact: hello@5thdimensionpublishing.com

2. Our services

We provide:

• Custom website design and development.
• Brand-aligned digital strategy and consultation.
• Discovery calls and brand briefings.
• Ongoing website maintenance and support (where separately agreed).

The specifics of any engagement (scope, deliverables, timeline, fees) are set out in a project proposal or written agreement between us and you. These Terms apply alongside any such proposal — if there is a conflict, the project proposal prevails.

3. Engagement and quotes

All pricing shown on our website is a starting guide. Final pricing is determined during the discovery call based on your specific needs.

A project formally begins when we send you a written proposal and you confirm acceptance (by reply or by paying the deposit).

4. Payment terms

Unless otherwise agreed in writing:

• 50% deposit to begin work.
• 50% balance due on handover (when the finished site is ready to transfer to your hosting).

Payment is due within 7 days of invoice. We may pause or suspend work on overdue accounts. Late payments may attract a 1.5% per month late fee.

5. Intellectual property

• Our pre-existing IP (our design system, code patterns, methodologies, and tooling) remains our property. We grant you a perpetual licence to use it as part of the deliverable site.
• Your materials (your content, brand assets, photography, copy) remain your property. You grant us a licence to use them as needed to deliver the services.
• Final deliverables (the custom design, code, and content created specifically for you) transfer to you on full payment of all fees.
• Portfolio rights: we reserve the right to display your project in our portfolio and case studies, unless you opt out in writing.

6. Client responsibilities

To deliver on time, we need your timely cooperation. You agree to:

• Provide content, feedback, and approvals within the timeframes we agree.
• Have the legal right to use any content (text, images, video) you provide to us.
• Make payments on time.
• Respond to project communications within a reasonable period.

Delays caused by late responses may extend the project timeline and may result in additional fees.

7. Revisions and scope changes

Each project includes a defined number of revision rounds (set out in the proposal). Additional revisions or work outside the agreed scope are charged at our then-current hourly or project rate, with written agreement before we begin.

8. Cancellation and refunds

• Deposit: non-refundable once work has commenced (we have allocated time to your project).
• Cancellation by you: you may cancel a project at any time in writing. You will be invoiced for work completed up to the cancellation date.
• Cancellation by us: we reserve the right to cancel an engagement in cases of non-payment, breach of these Terms, or fundamental disagreement about scope. We will refund any unearned portion of your deposit.

9. Confidentiality

Both parties agree to keep confidential any non-public information shared during the engagement. This obligation survives termination.

10. Warranties and disclaimers

We provide our services with reasonable care and skill, in accordance with industry standards.

To the maximum extent permitted by law, we disclaim all other warranties — express or implied — including warranties of merchantability, fitness for a particular purpose, and non-infringement.

Our website is provided “as is.” We do our best to keep it available and accurate, but we don't guarantee uninterrupted access or that all information is current.

11. Limitation of liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising from these Terms or our services is limited to the total fees you have paid us in the 12 months preceding the claim.
• We are not liable for indirect, incidental, consequential, special, or punitive damages (including lost profits, lost data, or business interruption).

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, death, personal injury caused by negligence, or any other liability that cannot be excluded by law (including non-excludable rights under the Australian Consumer Law).

12. Indemnification

You agree to indemnify and hold us harmless from any claims arising from:

• Content you provide to us that infringes a third party's rights.
• Your breach of these Terms.
• Your misuse of the deliverables.

13. Third-party services

Our deliverables often integrate third-party services (hosting, email, analytics, payment processing, etc.). We are not responsible for the performance, availability, or policies of those third parties.

14. Termination

These Terms apply for as long as you use our website or engage our services. We may terminate or suspend access if you breach these Terms.

15. Governing law

These Terms are governed by the laws of Australia. Any disputes will be resolved in the courts of Australia, unless another jurisdiction is required by mandatory consumer protection laws applicable to you.

16. Changes to these Terms

We may update these Terms from time to time. We will post the new version here with an updated “Last updated” date. Continued use of our website or services after changes means you accept the updated Terms. For active engagements, the Terms in effect at the time of your proposal apply.

17. Contact us

Questions about these Terms: hello@5thdimensionpublishing.com
5D Publishing, Australia