Terms of Service

1. Who we are and what these terms cover

These terms form the agreement between Befade Designs, ABN 53 937 307 245, a partnership registered in Victoria ("Befade", "we", "us") and the club, association or business that signs up for our services ("you", "the Client").

The individual partners of Befade Designs are named on the quote or order form you sign, and that document forms part of this agreement.

These terms apply to the website we build for you, the platform it runs on, the hosting, and any support we provide. If we have signed a separate written proposal, quote or agreement with you, that document and these terms are read together. Where they conflict, the signed document wins.

By accepting a quote, paying an invoice, or using the admin dashboard, you agree to these terms.

Our address for notices is PO Box 4, Fitzroy, Victoria.

2. Definitions

3. What we provide

We will:

• Build and configure your Site to the scope agreed in your quote.
• Host the Site and keep the Platform running with reasonable care and skill.
• Give you access to the admin dashboard so you can edit content yourself.
• Provide the Platform features included in your package.
• Apply security patches and updates to the Platform as we see fit.
• Take encrypted daily backups of the database.

We do not provide content writing, photography, graphic design, SEO campaigns, paid advertising management, or ongoing marketing unless your quote says otherwise.

The Platform is a shared multi-tenant product. Features are added, changed and occasionally removed as the product develops. We will not remove or materially degrade a feature that is central to your package during a Service Year you have paid for, without giving you reasonable notice and, if the change materially disadvantages you, a pro rata refund of the balance of that Service Year if you choose to leave.

3.1 What is included in your plan

Unless your quote says otherwise, each account includes:

These are generous for a club or small business site and most customers use a fraction of them.

If you are heading towards a limit we will tell you before you reach it, and talk to you about either tidying up or moving to a larger plan. We will not switch anything off for going over a limit without giving you at least 14 days notice and a chance to sort it out. We may throttle or suspend activity immediately, without that notice, only where it is degrading the Platform for other customers.

You may not use your storage to host files that are not used on your Site.

3.2 Building your Site

What we need from you. We will tell you what content, images, logos and approvals we need, and by when. Build timeframes in your quote assume you get us those things within the time we ask for.

If things go quiet. If we are waiting on you for more than 30 days, we may pause the build and move on to other work. We will tell you first. When you are ready we will restart as soon as we reasonably can, which may not be immediately. If we are waiting on you for more than 90 days, we may close the project. Any deposit or build fee already paid is not refunded, because the work has been done. If you want to restart after that, we will quote again.

Revisions. Your build includes 4 rounds of revisions. A round means you send us your changes in one go and we make them. Sending changes one at a time over several weeks counts as several rounds. Revisions cover adjusting what we built to the brief. They do not cover changing the brief, adding pages or features beyond your quote, or redoing work we built to your written approval. We will quote for anything outside that before we start.

Once your Site is live you can change any of it yourself through the admin dashboard whenever you like, at no charge, as often as you like.

Sign-off and go-live. When we tell you your Site is ready, you have 10 business days to give us feedback. If we have not heard from you after 5 business days we will send you a reminder. If we still have not heard from you at the end of the 10 business days, the Site is treated as accepted and we will take it live.

Any remaining build fee falls due when your Site goes live. This does not affect your rights under the Australian Consumer Law, and it does not stop you asking us to fix a genuine error after go-live.

3.3 Backups and restoring lost data

We take encrypted backups of the database once a day and keep them for 30 days.

If you or one of your Admin Users deletes something by mistake, or overwrites content you wanted to keep, tell us and we will do what we reasonably can. That means:

• We can usually restore to a point within the last 30 days.
• Up to 24 hours of changes may be lost in a restore.
• We cannot restore anything older than 30 days.
• A restore may bring back the state of your whole account at that point, not just the one item you want. We will talk to you about what that means before we do it.

We do not charge to fix something we broke. Where the loss was caused on your side, we may charge for the work at our standard rate of $120, with a minimum of $120. We will tell you the likely cost before we start.

We do not warrant that any particular piece of data can be recovered.

4. Your account and admin users

You are responsible for everything done under your admin accounts. You must keep login credentials secure, use them only for people who genuinely need access, and tell us promptly if you think an account has been compromised or an Admin User has left your organisation.

We can suspend an individual Admin User account immediately if we reasonably believe it is being used to breach these terms, break the law, or put other clients on the Platform at risk. We will tell you when we do this and why.

4.1 Who controls the account

Your account belongs to your club, association or business, not to the individual who set it up.

You must keep a nominated Account Contact on file with us, and tell us in writing when it changes. We will act on instructions from that person.

When your committee changes. To transfer the Account Contact to someone else, the outgoing contact emails us confirming the change. If the outgoing contact is unavailable or unwilling, the incoming contact must send us evidence of their authority: a copy of the minutes recording their appointment, a letter on club letterhead signed by two committee members, or their listing as a current office holder with Consumer Affairs Victoria, ASIC or the equivalent regulator in your state.

If two people claim authority. We do not arbitrate disputes inside your organisation. Where we receive conflicting instructions, we will freeze changes to the Account Contact and to admin access until either the parties tell us in writing they have agreed, or one of them produces regulator records or committee minutes showing who currently holds authority. Your Site stays online and your Fees keep running during a freeze.

We are not liable for acting in good faith on instructions from the person recorded as your Account Contact at the time.

5. Your responsibilities

You must:

• Give us the content, logos, access and approvals we need to do the work, within a reasonable time.
• Make sure you have the right to use everything you upload, including photographs, logos, league marks and sponsor material.
• Keep the information on your Site accurate, including anything about fees, memberships, bookings, events and refunds.
• Comply with the law in how you use the Platform, including the Spam Act 2003 (Cth) and the Australian Consumer Law.

You must not attempt to access another client's data, or resell access to the Platform without our written agreement.

5.1 Privacy: who does what

Our Privacy Policy covers your Site. We publish and maintain a single privacy policy that covers the Platform and every site we host, and we write the collection notices shown at checkout, at newsletter signup and on our enquiry forms. It is published at befade.com/privacy-policy and linked from your Site. You do not need to write your own privacy policy for the parts of your Site that we operate.

We handle requests from individuals. If a buyer, subscriber, player's parent, member or customer asks for access to, correction of, or deletion of the personal information we hold, we handle that request through our Privacy Officer under section 14 of our Privacy Policy. Where we need information from you to identify or action a request, you must respond within five business days. You must not tell an individual that the request is yours to handle rather than ours.

You are responsible for what you do with the information once it reaches you. That includes anything exported from your dashboard, anything emailed to your own mailbox by our enquiry and order notification forms, and anything you copy into your own systems. Our Privacy Policy does not cover what you do with it after that point, and your own obligations to your members and customers continue to apply.

You are also responsible for:

• The consent you rely on when you send newsletters and campaigns through the Platform, and for keeping your sender name, ABN and postal address current, as the Spam Act requires.
• Having permission to publish photographs of the people shown in images you upload.
• Where you run junior sport, handling player information appropriately, including any parent or guardian consent your league or sport requires.
• Not using the Platform to collect sensitive information such as health, medical or biometric details, unless you have told us first and we have agreed in writing.

Data breaches. If a breach affects information collected through your Site, we will tell you and follow the process in section 15 of our Privacy Policy. If you become aware of a breach affecting information held in your dashboard or exported from it, tell us within 48 hours.

5.2 Content standards and takedown

You must not publish, upload or sell through your Site anything that:

• Is unlawful, or offers goods or services that cannot lawfully be sold in Australia.
• Infringes someone else's copyright, trademark or other rights.
• Is defamatory, harassing, discriminatory, or incites violence.
• Is sexually explicit or otherwise not appropriate on a site used by families and children.
• Misrepresents a price, a product, a fundraiser, or where money goes.
• Includes an image of a person, particularly a child, that you do not have permission to publish.

If we ask you to remove something. Where we become aware of content on your Site that breaches this clause, we will tell you what it is and ask you to remove it. You must remove it within five business days, or within 24 hours if we tell you the content is seriously unlawful or puts someone at risk.

If you do not. If the content is still there after that, we may remove or hide it ourselves, and we may terminate this agreement under section 9. Where we terminate for this reason we do not refund the unused part of your Service Year.

Serious cases. Where content is seriously unlawful, involves the exploitation of a child, or puts someone at immediate risk, we may remove it or take your Site offline straight away without asking you first, and terminate this agreement immediately. We will tell you what we did and why. Where the law requires us to report something to the police or a regulator, we will do so, and we do not need your agreement to do it.

We do not monitor your Site. Nothing in this section makes us responsible for reviewing or moderating what you publish. You are responsible for the content on your Site.

5.3 Newsletter lists and sending

You may only send to people who have given you consent, as the Spam Act requires.

You must not import into the Platform any list of addresses that was bought, rented, scraped, harvested, or collected for a different purpose. A list of people who once paid a membership fee is not automatically a list of people who consented to a newsletter.

Where you import addresses, you must be able to tell us, on request, how and when each person consented and what wording they agreed to.

Why this matters to you as well as us. All the clubs and businesses on our Platform send through the same email provider and share a sending reputation. One list of unconsented addresses generates spam complaints that push everyone else's email into junk folders, including yours.

If we reasonably believe you have imported a list that breaches this clause, or if your complaint or bounce rate reaches a level that puts other clients at risk, we may pause your newsletter and campaign sending immediately while we look into it. Your Site and everything else stays up. We will tell you why, tell you what we need from you, and switch sending back on once it is resolved. Repeated or deliberate breaches are grounds for termination under section 9.

5.4 Accessibility

We build the Platform with accessibility in mind and work towards the Web Content Accessibility Guidelines version 2.2 at level AA for the parts we control: layout, navigation, colour contrast in our templates, and keyboard access.

Accessibility also depends on what you publish. You are responsible for the content you add, including writing alternative text for images, using headings properly rather than just making text big, not putting important information only inside an image or a PDF, and captioning video.

Australian organisations have obligations under the Disability Discrimination Act 1992 (Cth) in relation to their websites. We can point you at guidance and help where we reasonably can, but we cannot take on your obligations for content you publish.

6. Fees, invoicing and GST

Fees and what is included are set out in your quote.

• Subscription Fees are charged annually in advance. Paying an annual Fee entitles you to twelve months of service from the start of that Service Year.
• All amounts are in Australian dollars and are GST inclusive.
• Invoices are payable within 14 days of the date of the invoice.
• Build or setup fees are payable as set out in your quote. Where a deposit applies, work starts once it is received.
• We do not store your card details and we do not charge you automatically. Every renewal is an invoice you choose to pay.

You are responsible for any bank, card or payment processor surcharge, and for any fees charged by third parties you connect to the Platform.

6.1 Changing our fees

Your Fee is fixed for the Service Year you have paid for. We may change the Fee that applies to a future Service Year, and we will tell you the new amount on the renewal invoice, which is sent at least 30 days before your current Service Year ends. If you do not want to pay it, do not renew. Nothing is charged automatically.

6.2 Overdue amounts and disputed invoices

Interest. Amounts still unpaid 30 days after the due date accrue interest at 1% per month, calculated daily, until paid. We will tell you before we start charging it and we will usually waive it if you talk to us.

Disputes. If you think an invoice is wrong, tell us in writing within 5 business days of the invoice date and set out which part you dispute and why. Pay the part you do not dispute by the due date. We will not charge interest on, or suspend for, an amount genuinely in dispute while we are working through it with you.

7. What happens if a fee is not paid

We would rather talk to you than switch anything off. At every stage below, contact us and we will work something out.

7.1 Deletion after 30 days

If the account is still unpaid at the end of the 30 day window, we will begin permanently deleting your Client Content and account data, including buyer names, player names, buyer email addresses, newsletter subscriber records and uploaded images, and we will notify your registered contact of the date deletion will occur. Once deletion starts it cannot be undone and we cannot recover your Site. Residual copies in our encrypted database backups are purged on their own rolling cycle within a further 30 days, and we will not restore an account from a backup after the 30 day window has closed.

7.2 What survives deletion

A small set of records is kept after your Client Content is deleted, because we have to keep it:

• De-identified transaction records: amounts, item names, dates and payment references, with no personal information attached, kept as a financial record.
• The email suppression list, kept indefinitely so that people who unsubscribed are never contacted again, as the Spam Act requires.
• Our administrative audit log, for the remainder of the periods in section 12.1 of our Privacy Policy, so questions about who accessed your data can still be answered.
• Copies already held by our payment and email providers, under their own retention rules.

7.3 Your export right

At any time before deletion begins, you may ask us for an export of your Client Content and we will provide it under section 10, whether or not the account is in arrears. We will not withhold your data as leverage over an unpaid invoice.

7.4 Other unpaid invoices

This section also applies to any other invoice we issue you, including build and setup fees, domain registration and renewal, and out-of-scope work. In that case we will first send a written notice stating the amount owing and the date access will be suspended, and that date will be at least 14 days after the notice.

If we have to refer an unpaid account to a collection agency or a lawyer, you are liable for our reasonable costs of recovery.

8. Term, renewal and cancellation

Your first Service Year starts on the date your Site goes live, or the date we accept your order if that is later, and runs for twelve months.

There is no minimum term beyond the Service Year you have paid for and there is no lock-in. The agreement continues only if you pay the next annual invoice. If you do not, it ends when your Service Year does, subject to the grace and retention periods in section 7.

You may tell us at any time that you do not want to continue. Your Site stays live and fully supported until the end of the Service Year you have paid for. We do not refund the unused part of a Service Year on cancellation, because you keep the service for the full period you paid for. This does not affect any refund you are entitled to under the Australian Consumer Law, or under section 3 where we materially degrade the service.

9. Termination

Either of us may terminate this agreement immediately by written notice if the other:

• Breaches a material term and does not fix it within 14 days of being asked to in writing.
• Becomes insolvent, is wound up, or has an administrator or liquidator appointed.

We may also terminate immediately if you use the Platform for something unlawful, or in a way that puts other clients on the Platform at serious risk.

If we terminate for one of the reasons above, we will refund the unused part of your Service Year on a pro rata basis, unless the termination is because of your unlawful conduct or a breach of section 5.2.

9.1 If we discontinue the Platform

If we decide to stop providing the Platform, or to stop trading, we will give you at least 90 days written notice.

During that period your Site stays live and supported, we will provide a full export of your Client Content on request, and we will help you and any new provider with the practical steps of moving your domain across.

We will refund the unused part of your Service Year on a pro rata basis. We will not hold your domain, your content or your data during a wind-down.

10. What happens to your data when this ends

On cancellation, non-renewal or termination:

• Your Site is taken offline on the effective date.
• You may request an export of your Client Content at any time up to 30 days after that date, and we will provide it within 10 business days at no charge. The export includes your page content, posts, images, order records, and newsletter subscriber list in a common format such as CSV or JSON.
• We begin permanently deleting your Client Content 30 days after the effective date, and we will notify your registered contact of the date deletion will occur.
• Residual copies in encrypted backups are purged within a further 30 days.
• Section 7.2 sets out the small set of records that survive deletion.

Account closure is the earlier trigger. Where a retention period in section 12 of our Privacy Policy is longer than 30 days, that period applies while your account is open. When your account closes, the deletion timetable above applies instead, except for the records listed in section 7.2.

Once you take your export, the exported data is yours to look after. If you need buyer or player records for a later dispute, a refund, or your own tax records, keep the export. We will not hold that information for you after your account closes.

11. Domain names

11.1 You already have a domain

If you already own a domain and want to use it, you keep it. It stays registered in your name, you keep control of the registrar account, and we set up the DNS records needed to point it at your Site. On termination we will tell you exactly what to change and cooperate with any transfer.

11.2 We register one for you

If you do not have a domain and ask us to get one, we register it as your agent. You own it. We will transfer it to you or to a registrar of your choice on request, provided the registration and any registrar transfer fee is paid. We will not hold a domain over a service dispute.

Where we hold the registration, we will invoice you for renewal at cost plus any fee shown in your quote, at least 30 days before it is due, and we will not let a domain lapse without telling you first. If a domain lapses because a renewal invoice we sent you was not paid, we are not responsible for recovering it.

On termination, if the domain we registered for you is paid up, we will transfer it to you at your request. We are not obliged to keep paying renewals for a domain after the agreement ends.

12. Online shop, bookings and payments

Where your package includes the online shop, you connect your own Square account and payments go directly to you. We are not a party to any transaction between you and your members or customers, we do not hold your funds, and we are not the merchant of record. The same applies to any booking or reservation service you connect to your Site.

You are responsible for:

• What you sell, how it is described and priced, and whether the price is GST inclusive.
• Your own refund, cancellation, booking and delivery policies, and for honouring them.
• Handling disputes, chargebacks and refunds with your members and customers.
• Complying with the Australian Consumer Law in relation to what you sell.

We are not liable for a payment that Square declines, delays, reverses or holds, or for any Square fee, or for a booking made through a third-party reservation service.

If your Site is suspended under section 7, your shop stops accepting payments. If you are mid-season or in a busy trading period and taking payments through the Site, tell us before it gets to that point and we will find a way through.

13. Intellectual property

We own the Platform. The Befade platform, its source code, design system, templates, reusable layouts and underlying tools remain ours. Nothing in this agreement transfers ownership of the Platform to you. You get a non-exclusive, non-transferable licence to use it for your own Site for as long as this agreement is on foot.

What you can take with you. When this agreement ends you take your Client Content, exported under section 10, and your domain. You do not take the Site itself. The Platform, its code, its templates, its layouts and the admin dashboard stay ours, and we do not provide source code, database dumps of the application, or a copy of the Site that can be hosted somewhere else. If you move to another provider, your content and your domain go with you and they rebuild from there. We will not obstruct a move, and we will hand over DNS control promptly.

You own your content. Client Content stays yours. You grant us a licence to host, store, reproduce, adapt and display it to the extent we need to in order to run your Site and provide the services.

Your Site is yours to change. You can edit any part of your Site through the admin dashboard whenever you like, without asking us. We do not charge for changes you make yourself and we do not restrict how often you make them.

Custom design work. Where your quote includes bespoke design work produced specifically for you, such as your logo treatment, custom graphics, or a layout built to your brief, ownership of that work passes to you once it is paid for in full. This does not extend to the underlying Platform, its templates, or components we reuse across clients.

Feedback. If you suggest a feature, report a problem, or give us an idea about the Platform, we can use it however we like, including building it, without owing you anything and without any obligation to keep it confidential. This does not apply to your Client Content or to anything you have told us in confidence about your organisation.

Portfolio use. We may name you as a client and show screenshots of your Site in our portfolio and marketing. If you would rather we did not, tell us and we will stop.

Third party material. You are responsible for having the rights to any logo, photograph, font, league mark or sponsor asset you give us to use.

14. Availability and maintenance

We aim to keep the Platform available and we monitor it, but we do not promise uninterrupted or error-free service. Outages happen through no fault of ours, including at our hosting provider, our payment provider, our email provider and the wider internet.

We may take the Platform down for maintenance. Where we can plan it, we will give you notice and schedule it outside busy periods where practical. Emergency maintenance may happen without notice.

We do not guarantee a specific uptime percentage.

14.1 What we do not promise

We build your Site to current good practice, including sensible page titles, descriptions, structure and load speed. We do not promise, and cannot promise:

• Any particular position in Google or any other search engine, or that you will appear for any particular search.
• Any level of visits, enquiries, memberships or sales.
• That an email sent through the Platform will reach a particular inbox rather than a junk folder. Delivery depends on the recipient's mail provider, your sending history and your subscribers' behaviour, and no provider controls it.

Search engines and mail providers change how they work without telling anyone. Nothing in this section limits our obligation to provide the service with due care and skill under the Australian Consumer Law.

14.2 New and trial features

From time to time we may offer you early access to a feature we are still working on. We will tell you when something is in that category.

Trial features are provided as they are. They may change, break, or be withdrawn, and they are not covered by our support commitments in section 19. Nothing stops you choosing not to use them, and choosing not to use a trial feature does not affect anything else in your plan.

15. Third party services

The Platform relies on third party providers. The current list, what each one receives and where it is handled, is set out in section 9 of our Privacy Policy. That list is maintained in one place so it does not fall out of date in two documents.

We choose these providers with care but we do not control them. We are not liable for their acts, omissions, outages, pricing changes or policy changes, other than for our own failure to take reasonable care in selecting and managing them.

Where you connect your own third party account, such as Square or a social media page, that provider's terms apply to you directly.

16. Security

The security measures we apply are described in section 11 of our Privacy Policy. We take reasonable steps to protect your data. No system is completely secure and we do not warrant that it is.

16.1 If your Site is compromised

Tell us as soon as you suspect something is wrong. That includes an admin account you think has been accessed by someone else, pages or content you did not put there, email going out from your domain that you did not send, or anything else that looks off.

What we may do. Where we reasonably believe it is necessary to contain an incident and protect you, other clients, or the people using the Platform, we may take your Site offline, disable an admin account, or roll back changes without asking you first. We will tell you as soon as we can, keep the Site offline only for as long as containment needs, and restore it once it is safe.

Who pays. If the cause was a fault or vulnerability in the Platform, we investigate and fix it at no charge to you. If the cause was something on your side, such as a shared or reused password, an admin account left active after someone stopped being involved, malware on your own device, or content or a third-party integration you added, we will still help, but we may charge for the work at our standard rate. We will tell you the likely cost before we start.

Restoring from backup. Section 3.3 sets out what a restore can and cannot recover.

Ransom demands. We do not pay ransoms and we will not negotiate with anyone demanding payment in relation to your Site or your data.

Personal information. If an incident affects personal information, section 5.1 of these terms and section 15 of our Privacy Policy apply.

Telling people. We will each work with the other on what is told to your members and customers, and when. Neither of us needs the other's approval before doing something the law requires.

17. Support access to your dashboard

Where necessary to operate or support the Platform, our personnel may access your dashboard. We do so under our own named staff accounts with multi-factor authentication. We do not sign in as, or act under the identity of, one of your Admin Users. Every action is recorded in our audit log against the individual who took it and kept for 24 months. This mirrors what we tell your members and customers in section 11 of our Privacy Policy.

18. Confidentiality

Each of us will keep the other's confidential information confidential, and use it only for the purposes of this agreement. This does not apply to information that is public, that we already had, or that we are legally required to disclose.

19. Support

Support is provided Mon–Fri 9am–5pm AEST by email at support@befade.com. We aim to respond within 2 business days, and to critical issues, meaning your Site is fully down, within 4 hours.

Support covers using the Platform, faults in the Platform, and reasonable help with content.

Work outside standard support. Some requests fall outside the support included in your plan. Examples are training beyond your initial onboarding, bulk data entry or content migration you have asked us to do for you, rebuilding content that was deleted on your side, custom development, or investigating a problem that turns out to be caused by a third-party service you connected yourself.

We will tell you when a request falls outside standard support, quote it at $120, and only start once you say go. We will never do chargeable work without telling you first.

Privacy questions and requests from individuals go to privacy@befade.com, not to support.

20. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. This includes the consumer guarantees that services will be provided with due care and skill and will be fit for purpose.

Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

21. Limitation of liability

Subject to section 20:

• Neither of us is liable to the other for indirect or consequential loss, loss of profits, loss of revenue, loss of goodwill, or loss of anticipated savings.
• Our total liability to you in connection with this agreement in any twelve month period is limited to the Fees you paid us in the twelve months before the event giving rise to the claim.
• We are not liable for loss caused by your failure to comply with these terms, by content you supplied, or by a third party service you connected.

Neither of us limits liability for fraud, or for anything that cannot be limited by law.

22. Indemnity

You indemnify us against claims made by a third party arising from Client Content you supplied, where the claim is that the content infringes their intellectual property, is defamatory, or breaches privacy or spam law. This indemnity does not apply to the extent the claim is caused by our own negligence or breach of these terms.

23. Changes to these terms

We may update these terms from time to time. Changes normally take effect for you at the start of your next Service Year, and we will tell you about any material change with your renewal invoice.

We will not change these terms partway through a Service Year you have already paid for, except:

• Where a change is required by a law, regulation or binding order that applies to us.
• Where a change is needed to close a specific security vulnerability.
• Where we give you at least 30 days written notice of the change.

In each case we will tell you what changed and why. If a change materially disadvantages you, you may cancel with effect from the date it takes effect and we will refund the unused part of your Service Year on a pro rata basis.

Every version of these terms is dated and numbered, and previous versions remain available on our website.

24. Force majeure

Neither of us is liable for a failure to perform caused by something genuinely outside our reasonable control, including natural disaster, fire, flood, war, pandemic, industrial action, government action, or a major failure of internet infrastructure or a third party provider. The affected party must tell the other as soon as practical and do what it reasonably can to work around it. This section does not excuse an obligation to pay money already owed.

25. Assignment

You may not assign this agreement without our written consent, which we will not unreasonably withhold. We may assign it as part of a sale or restructure of our business, including a change in the composition of our partnership or its incorporation as a company, and we will tell you if we do.

26. Subcontracting

We may use subcontractors to help deliver the services. We remain responsible to you for the work they do.

27. Disputes

If something goes wrong, tell us first. Send the details in writing to support@befade.com. We will respond within 10 business days and both of us will try in good faith to sort it out.

If it is not resolved within 30 days, either of us may refer the dispute to mediation through the Victorian Small Business Commission before starting court proceedings. This does not stop either of us seeking urgent relief from a court.

28. Notices

Notices under these terms must be in writing and sent by email to the address each party has nominated. Email notices are taken to be received on the business day they are sent, unless a delivery failure is received.

29. Survival

Sections 5.1, 7.2, 10, 13, 18, 20, 21, 22 and 30 survive the end of this agreement.

30. General

These terms and your quote are the whole agreement between us and replace anything said or written beforehand. If part of these terms is found to be unenforceable, the rest keeps operating. A failure to enforce a term is not a waiver of it. These terms are governed by the law of Victoria, Australia, and both of us submit to the courts of Victoria.

31. Contact

Effective date: 16 August 2026. Version: 1.0