Terms & Conditions

1. Introduction and Acceptance

These Terms and Conditions ("Terms") govern your use of the website located at caperdoodle.site ("Site") and your engagement of any creative services provided by Caperdoodle Pty Ltd (ABN 91 697 078 550 / ACN 697 078 550) ("Caperdoodle", "we", "us", or "our").

By accessing our Site, enquiring about our services, or engaging us to provide creative work, you ("you" or "Client") agree to be bound by these Terms. If you do not agree, please do not use our Site or engage our services.

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia, including but not limited to the Competition and Consumer Act 2010 (Cth) (incorporating the Australian Consumer Law), the Copyright Act 1968 (Cth), and the Privacy Act 1988 (Cth).

2. Company Details

• Company Name: Caperdoodle Pty Ltd
• ABN: 91 697 078 550
• ACN: 697 078 550
• Address: Kimberley Region, WA 6725, Australia
• Email: [email protected]
• Website: caperdoodle.site

3. Website Use

You may access and use the Site for lawful personal or business purposes in accordance with these Terms. You must not:

• Use the Site in any manner that breaches any applicable Australian law or regulation
• Transmit any unlawful, harmful, defamatory, obscene, or otherwise objectionable content
• Attempt to gain unauthorised access to any part of the Site or its related systems
• Use automated tools (scrapers, bots, crawlers) without our prior written consent
• Reproduce, distribute, or commercially exploit any content from the Site without our permission

4. Our Services

Caperdoodle provides creative content and design services including but not limited to graphic design, illustration, animation and motion graphics, content production, web and digital design, and brand strategy.

Specific project scope, deliverables, timelines, and fees are documented in a separate Service Agreement or Quote issued to each Client. In the event of any inconsistency between these Terms and a signed Service Agreement, the Service Agreement prevails.

Portfolio samples and case studies displayed on our Site are for illustrative purposes only and do not guarantee specific outcomes for future projects.

5. Quotes, Fees and Payment

All quotes are valid for 14 calendar days unless otherwise stated. Quotes are based on the scope of work as described at the time of quotation; any changes to scope may result in adjusted fees.

• All fees are quoted in Australian Dollars (AUD) and exclude GST unless stated otherwise
• GST is applied in accordance with the A New Tax System (Goods and Services Tax) Act 1999 (Cth); tax invoices will be provided for all taxable supplies
• A deposit of 50% of the total fee may be required before work commences on projects over $1,000
• Invoices are payable within 14 calendar days of issue unless otherwise agreed in writing
• Late payments may attract interest at the rate prescribed by the Civil Judgments Enforcement Act 2004 (WA)

6. Intellectual Property

All intellectual property rights in the content of the Site — including text, graphics, logos, portfolio works, and software — are owned by or licensed to Caperdoodle. Nothing in these Terms grants you any right to use our intellectual property other than as permitted herein.

Upon full payment of all fees, Caperdoodle assigns to the Client the intellectual property rights in the final deliverables created specifically for that Client's project, except that:

• Caperdoodle retains the right to display the work in its portfolio, website, and promotional materials
• Caperdoodle retains ownership of all generic tools, templates, and methodologies used in creating the deliverables
• Third-party assets (fonts, stock imagery, software libraries) are licensed to the Client under their respective licence terms

Intellectual property does not transfer until all outstanding invoices have been paid in full.

7. Client Responsibilities

The Client agrees to:

• Provide accurate and complete briefs, feedback, and approvals in a timely manner
• Ensure they have the legal right to use any materials, logos, images, or content supplied to Caperdoodle
• Obtain any necessary licences or clearances for third-party content incorporated into project materials
• Review and approve deliverables promptly; delays in feedback may affect project timelines
• Indemnify Caperdoodle against any claims arising from the Client's breach of these obligations

8. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law (ACL) (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) that cannot be lawfully excluded or limited.

Where our services are supplied to a consumer under the ACL, you may have consumer guarantees including that services are rendered with due care and skill, are fit for purpose, and will be supplied within a reasonable time.

To the extent permitted by law, our liability for a breach of a non-excludable consumer guarantee is limited (at our election) to:

• In the case of goods: replacement of the goods, repair of the goods, or payment of the cost of replacement or repair
• In the case of services: resupply of the services or payment of the cost of resupply

9. Limitation of Liability

Subject to clause 8 and to the fullest extent permitted by law:

• We are not liable for any indirect, incidental, special, consequential, or punitive loss or damage arising from your use of the Site or our services, including loss of profits, revenue, data, or goodwill
• Our total aggregate liability to you for any claim arising out of or in connection with these Terms or any project shall not exceed the total amount paid by you to us in the 12 months preceding the event giving rise to the claim

10. Indemnity

You agree to indemnify, defend, and hold harmless Caperdoodle, its directors, officers, employees, and agents from any claims, losses, damages, costs, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your breach of any applicable law or third-party rights
• Any content or information you provide to us that is false, misleading, or infringes third-party rights (including copyright, trademark, or moral rights)
• Any misuse of deliverables after handover

11. Confidentiality

Each party agrees to keep confidential all non-public information received from the other party in connection with a project, and to use such information only for the purposes of that project. This obligation survives termination for a period of 3 years and does not apply to information that is or becomes publicly known other than through breach of this clause.

12. Termination

Either party may terminate a project engagement by providing 14 days' written notice. Upon termination:

• The Client will pay for all work completed up to the date of termination, at the rates specified in the applicable quote or agreement
• Outstanding invoices remain payable
• Each party must return or destroy any confidential materials belonging to the other party
• Any clause in these Terms intended to survive termination (including limitation of liability, indemnity, and confidentiality) continues in effect

We reserve the right to suspend or terminate access to the Site at any time without notice.

13. Dispute Resolution

In the event of a dispute, the parties agree to:

• First attempt to resolve the matter through good-faith negotiation within 20 business days of written notice of the dispute
• If unresolved, submit the dispute to mediation conducted by a mediator agreed between the parties, or failing agreement, appointed by the Resolution Institute (Australia)
• If mediation fails, the dispute may be referred to the courts of Western Australia

Nothing in this clause prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction.

14. Privacy

Your personal information is handled in accordance with our Privacy Policy, which forms part of these Terms. We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

15. Amendments

We may update these Terms at any time by publishing the revised version on our Site. The revised Terms will be effective from the date of publication. Continued use of the Site or engagement of our services after changes are published constitutes acceptance of the updated Terms.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

17. Waiver

Failure by Caperdoodle to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18. Entire Agreement

These Terms, together with any signed Service Agreement and our Privacy Policy, constitute the entire agreement between you and Caperdoodle with respect to your use of the Site and engagement of our services, superseding all prior agreements, representations, and understandings.

19. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Western Australia (and any relevant appellate courts) for the resolution of any disputes arising under or in connection with these Terms.

20. Contact Us

For any questions regarding these Terms, please contact:

• Caperdoodle Pty Ltd
• ABN: 91 697 078 550 | ACN: 697 078 550
• Kimberley Region, WA 6725, Australia
• [email protected]