Terms of Service

Last updated: May 29, 2025

These Terms of Service (“Terms”) govern your access to and use of our website, services, and any other products or content provided by 3 Yellow Circles (“we”, “us”, or “our”).

By accessing or using our website or services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

Services We Provide

3 Yellow Circles provides website and web application development services, as well as related consulting and digital solutions. Any additional features or services introduced in the future will also be subject to these Terms.

Eligibility

By using our services, you confirm that you are at least 18 years old or have the necessary legal capacity to enter into a binding agreement under Australian law.

User Responsibilities

You agree to:

  • Provide accurate and complete information when using our services or communicating with us.
  • Use the website and services only for lawful purposes.
  • Not engage in any activity that interferes with or disrupts the website or systems connected to it.
  • Respect intellectual property rights and not copy, modify, or distribute content from our website without permission.

Quotes, Payments, and Invoicing

  • All quotes provided are valid for 14 days unless otherwise specified.
  • A 50% deposit is required before any work begins, 30% after designs approved and 20% prior to launch. If no separate designs are required (i.e. for a small website or a quick turn around), the remainder 50% (combined 30% and 20%) will be required prior to launch.
  • Payment terms and timelines will be agreed upon in writing.
  • Late payments may incur interest and/or suspension of work or access to deliverables.

Refunds

At 3 Yellow Circles, we are committed to delivering high-quality digital solutions and providing exceptional service to our clients. Due to the nature of our work (custom web design, development, and branding services), all payments made are generally non-refundable. However, we understand that circumstances can vary, and we aim to be fair and reasonable.

Project Deposits

All projects require a non-refundable deposit (typically 50%) to secure your place in our schedule and begin work. This deposit covers initial planning, consultations, and early-stage development efforts. As such, it is not eligible for a refund under any circumstance.

Milestone Payments

Subsequent milestone payments (e.g., 30% upon design approval, 20% before launch) are tied to specific deliverables. Refunds will not be issued for completed work or approved stages of a project. If a project is paused or cancelled by the client before final delivery, any work completed up to that point will be billed accordingly, and any unpaid amounts may still be due.

Client-Initiated Cancellations

If a client chooses to cancel a project after work has commenced, no refund will be issued for payments already made. Depending on the stage of the project, we may at our discretion provide a partial refund or credit toward future services. This will be assessed on a case-by-case basis.

Support Packages Annual vs Monthly

Clients who choose to pay annually for a support or maintenance package receive a 15% discount compared to monthly payments. As this discount is provided in exchange for a full-year commitment, no refunds will be issued for annual support packages once payment has been made. Monthly plans are available for greater flexibility, but do not include a discount and can be cancelled at the end of any billing cycle.

Service Dissatisfaction

We strive for client satisfaction and offer revision rounds (as outlined in our proposals) to ensure the final product meets your expectations. If you're dissatisfied, we encourage you to contact us to discuss your concerns. We'll always do our best to resolve them.

Digital Products & Hosting Services

All digital products (e.g., designs, code, templates) and hosting/domain services provided or facilitated by 3 Yellow Circles are non-refundable once delivered or provisioned, as they are customized and/or incur third-party costs.

Refund Requests

Refund requests must be submitted in writing to support @3yellowcircles.com.au and must include detailed reasons for the request. All requests will be reviewed, and we'll respond within 7 business days.

Intellectual Property

Unless otherwise agreed in writing, we retain ownership of all intellectual property created until full payment is received. Once payment is complete, ownership of final deliverables (e.g., website code, designs) is transferred to you, excluding any third-party software, plugins, or libraries used under their respective licenses.

Third-Party Tools and Content

We may use or recommend third-party services, platforms, or tools. While we take care in our recommendations, we are not responsible for the availability, performance, or terms of use of any third-party services.

Termination

We may suspend or terminate your access to our services if:

  • You breach these Terms;
  • You fail to pay as agreed;
  • We reasonably suspect unlawful or fraudulent activity.

You may terminate your use of our services at any time, but any outstanding fees remain payable.

Disclaimers

Our services are provided on an “as-is” and “as-available” basis. To the fullest extent permitted by law:

  • We do not guarantee that our website or services will be error-free or uninterrupted.
  • We are not liable for any indirect or consequential loss arising out of your use of our website or services.

Limitation of Liability

To the extent permitted by law, our total liability for any claim under these Terms, including for any implied warranties, is limited to the total amount you paid us for the services that gave rise to the claim.

Australian Consumer Law

Nothing in these Terms excludes or limits your rights under the Australian Consumer Law. If the law implies any guarantee or warranty that cannot be excluded, our liability will be limited (where legally allowed) to the resupply of the services or the cost of resupplying them.

Privacy

Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information in accordance with the Privacy Act 1988 (Cth).

Changes to These Terms

We may update these Terms from time to time. If we make significant changes, we'll notify you by updating the “Effective Date” above. Continued use of our services means you accept the updated Terms.

Governing Law

These Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of that state.

Contact Us

If you have any questions about these Terms of Service, You can contact us: