Terms of Service
Last updated: February 2026
These Terms of Service (“Terms”) govern your use of the services provided by Popsicle Studio Pty Ltd, operating in Melbourne, Australia (“Popsicle Studio”, “we”, “our”, “us”). Please read these terms carefully before engaging our services.
1. Acceptance of Terms
By accessing our website or engaging Popsicle Studio Pty Ltd for services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
2. Services Provided
Popsicle Studio provides digital development services including, but not limited to: • Headless WordPress development and CMS architecture • WooCommerce and ecommerce store development • Mobile application development (iOS, Android, cross-platform) • UI/UX design and frontend development • Website maintenance, hosting consultation, and ongoing support The specific scope of services for each engagement will be detailed in a project proposal or statement of work.
3. Project Engagement
All projects commence upon mutual agreement of a project proposal or statement of work. This document will outline: • Project scope, deliverables, and milestones • Timeline and estimated completion dates • Pricing structure and payment schedule • Roles and responsibilities of both parties Changes to the agreed scope may result in adjustments to timeline and cost, which will be communicated and agreed upon in writing before proceeding.
4. Payment Terms
Unless otherwise specified in your project agreement: • All prices are quoted in Australian Dollars (AUD) and are exclusive of GST • A deposit of 50% is required before project commencement • Progress invoices may be issued at agreed milestones • Final payment is due upon project completion and before final deliverables are handed over • Invoices are payable within 14 days of issue • Late payments may incur interest at a rate of 2% per month on outstanding balances
5. Intellectual Property
• Upon receipt of full payment, the client is granted ownership of all custom code, designs, and content produced specifically for their project • Popsicle Studio retains the right to use general techniques, knowledge, and non-proprietary components developed during the engagement • Third-party libraries, frameworks, and open-source software remain subject to their respective licences • We reserve the right to showcase completed work in our portfolio unless otherwise agreed in writing
6. Client Responsibilities
To ensure successful project delivery, clients are expected to: • Provide timely feedback and approvals at agreed milestones • Supply all necessary content, assets, and access credentials as required • Designate a primary point of contact for project communications • Ensure that all materials provided do not infringe upon third-party intellectual property rights • Test and review deliverables within the agreed timeframes
7. Confidentiality
Both parties agree to keep confidential all proprietary information shared during the engagement. This includes, but is not limited to, business strategies and plans, technical specifications and architecture details, login credentials and access information, and financial information and pricing. Confidentiality obligations survive the termination of the engagement for a period of 2 years.
8. Limitation of Liability
To the maximum extent permitted by law, Popsicle Studio Pty Ltd shall not be liable for: • Any indirect, incidental, special, consequential, or punitive damages • Loss of profits, data, business opportunities, or goodwill • Damages arising from third-party services, plugins, or integrations • Service interruptions caused by factors beyond our reasonable control Our total liability for any claim arising from our services shall not exceed the total fees paid by the client for the specific project in question. Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.
9. Termination
Either party may terminate a project engagement by providing 14 days written notice. In the event of termination: • The client shall pay for all work completed up to the date of termination • Any deposits paid for incomplete work may be partially refunded at our discretion, proportional to work not yet commenced • All completed deliverables paid for will be provided to the client • Work in progress may be delivered in its current state upon request
10. Warranties
Popsicle Studio provides a 30-day warranty period following project completion. During this period: • We will fix any bugs or defects in the delivered code at no additional cost • Issues must be related to the original project scope and specifications • Defects caused by third-party modifications, hosting changes, or client alterations are excluded Beyond the warranty period, ongoing support and maintenance is available under separate support agreements.
11. Indemnification
The client agrees to indemnify and hold harmless Popsicle Studio Pty Ltd, its directors, employees, and contractors from any claims, damages, losses, or expenses arising from content, materials, or data provided by the client, the client’s use of the delivered products or services, any breach of these Terms of Service by the client, or any third-party claims related to the client’s business operations.
12. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria for any disputes arising from these terms or any engagement with Popsicle Studio.
13. Changes to These Terms
We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated effective date. Continued use of our services after changes are posted constitutes acceptance of the revised terms. For active projects, the terms agreed upon at the commencement of the engagement will apply.
14. Contact Us
If you have any questions about these Terms of Service, please get in touch.