Table of contents
- 1. ABOUT THESE TERMS
- 2. CONTRACT DOCUMENTS
- 3. SCOPE OF SERVICES
- 4. NO GUARANTEED COMMERCIAL OUTCOME
- 5. SEO
- 6. PAID ADVERTISING
- 7. WEBSITE AND DEVELOPMENT SERVICES
- 8. THIRD-PARTY SERVICES
- 9. CRM AND AUTOMATION
- 10. ARTIFICIAL INTELLIGENCE
- 11. CONFIDENTIAL INFORMATION AND AI
- 12. CLIENT RESPONSIBILITIES
- 13. CLIENT DELAYS
- 14. CLIENT APPROVALS
- 15. CLIENT-SUPPLIED MATERIAL
- 16. CLIENT CLAIMS AND ADVERTISING COMPLIANCE
- 17. CHANGE REQUESTS
- 18. FEES
- 19. PAYMENT
- 20. OVERDUE ACCOUNTS
- 21. CANCELLATION
- 22. CLIENT INTELLECTUAL PROPERTY
- 23. BARAKAH DESIGN PRE-EXISTING INTELLECTUAL PROPERTY
- 24. BESPOKE FINAL DELIVERABLES
- 25. THIRD-PARTY ASSETS
- 26. CONFIDENTIALITY
- 27. CLIENT CUSTOMER DATA
- 28. DIRECT MARKETING
- 29. SUBCONTRACTORS
- 30. BACKUPS
- 31. CYBERSECURITY
- 32. ACCESSIBILITY AND REGULATED INDUSTRIES
- 33. AUSTRALIAN CONSUMER LAW
- 34. LIMITATION OF LIABILITY
- 35. CLIENT INDEMNITY
- 36. SUSPENSION
- 37. TERMINATION
- 38. FORCE MAJEURE
- 39. DISPUTES
- 40. GOVERNING LAW
- 41. SEVERABILITY
- 42. CHANGES
1. ABOUT THESE TERMS
Barakah Design is a brand of Ignite Business Solutions, ABN 59 807 517 154.
In these Terms:
- "Barakah Design", "we", "us" and "our" refer to the business operating under Ignite Business Solutions, ABN 59 807 517 154.
- "You", "your" and "Client" mean the person, company, organisation or other entity acquiring Services from Barakah Design.
These Terms apply to Services including:
- website strategy; website design; website development; UX and UI; digital strategy; branding; creative services; marketing strategy; lead generation; SEO; search marketing; paid advertising; content; copywriting; CRM; automation; artificial intelligence; AI agents; analytics; conversion optimisation; attribution; reporting; consulting; ongoing marketing; related digital and technology Services.
By accepting a proposal, quotation or statement of work, making payment, authorising commencement or otherwise instructing Barakah Design to provide Services, the Client accepts these Terms.
Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
2. CONTRACT DOCUMENTS
An engagement may consist of: these Terms; proposal; quotation; statement of work; approved project brief; service schedule; change request; other written document expressly incorporated into the engagement.
Project-specific documents determine: scope; deliverables; fees; payment terms; timeline; dependencies; revision allowance; third-party costs; ongoing Services; special conditions.
Where there is an inconsistency, specifically negotiated project terms prevail over these general Terms to the extent of that inconsistency.
3. SCOPE OF SERVICES
Only Services expressly included in the accepted scope are included.
Additional work may include: additional pages; new features; new integrations; additional revisions; additional artwork; additional campaigns; additional content; data migration; new automation; additional meetings; new reporting; additional consulting; major changes after approval.
Material work outside scope requires Client approval before additional charges are incurred.
4. NO GUARANTEED COMMERCIAL OUTCOME
Marketing, advertising, technology and sales performance are affected by matters outside Barakah Design's control.
Unless expressly stated as a written contractual guarantee, Barakah Design does not guarantee: number of leads; customers; sales; revenue; ROI; ROAS; cost per lead; cost per acquisition; Google ranking; search ranking; website traffic; conversion rate; social reach; advertising approval; campaign approval; platform availability; commercial performance; specific commercial results.
Targets, forecasts, projections, estimates and models are planning tools and are not guarantees.
Nothing in this clause limits a statutory guarantee that cannot lawfully be excluded.
5. SEO
Search engines control their own algorithms and ranking systems.
Rankings may change because of: algorithm updates; competitor activity; technical changes; website changes; content changes; search behaviour; market conditions; third-party actions.
Barakah Design will provide SEO Services using reasonable professional skill and care.
No specific search position, ranking duration or amount of organic traffic is guaranteed unless expressly agreed in writing.
6. PAID ADVERTISING
Advertising may involve third-party platforms including: Google; Meta; LinkedIn; Microsoft; other advertising providers.
Those platforms control: account approval; advertisement approval; auction pricing; campaign delivery; advertising policies; restrictions; suspensions; targeting functionality; platform availability.
Unless expressly included, advertising spend is separate from Barakah Design professional fees.
The Client is responsible for the accuracy and legality of factual claims concerning its products and services.
Barakah Design does not guarantee that a campaign, advertisement or advertising account will be approved or remain available.
7. WEBSITE AND DEVELOPMENT SERVICES
Barakah Design will use reasonable professional skill and care when providing website and development Services.
Websites and applications rely on changing technologies including: browsers; devices; operating systems; hosting; APIs; plugins; libraries; databases; cloud services; third-party software.
Barakah Design does not guarantee indefinite compatibility with future changes made by third-party providers after delivery.
8. THIRD-PARTY SERVICES
Services may depend upon: hosting; domains; email; CRM; automation; analytics; advertising; AI; APIs; SaaS products; payment platforms; other external technology.
Third-party providers operate subject to their own terms.
Barakah Design is not responsible merely because an independent third party experiences: an outage; price change; policy change; security incident; account suspension; service discontinuation; feature removal.
This does not exclude responsibility arising from Barakah Design's own acts or omissions.
9. CRM AND AUTOMATION
Where Services include CRM or automation, the Client remains responsible for: lawful data collection; data accuracy; marketing permissions; customer consent; business rules; customer communications; human oversight.
Automation does not remove the need for appropriate human review.
10. ARTIFICIAL INTELLIGENCE
Barakah Design may use AI for: research; analysis; drafting; content; marketing; lead processing; automation; customer service; development; campaign generation; reporting; SEO; administration.
AI-generated output may contain errors, omissions or inaccurate information.
Material decisions and externally published material should receive appropriate human review.
AI output does not constitute legal, taxation, financial, medical or other regulated professional advice.
11. CONFIDENTIAL INFORMATION AND AI
Highly sensitive, confidential or regulated information should not be submitted for AI processing unless: it is required for the agreed Services; its use has been agreed; its processing is lawful; appropriate safeguards have been considered.
Third-party AI providers may apply their own terms and privacy policies.
12. CLIENT RESPONSIBILITIES
The Client must provide within a reasonable time: accurate information; required content; system access; brand assets; feedback; approvals; business information; authorised contacts; other reasonably required information.
13. CLIENT DELAYS
Delivery dates depend upon Client cooperation.
Where a Client delays: information; access; feedback; approval; decisions; other dependencies, the delivery schedule may reasonably be adjusted.
Barakah Design is not responsible for delay to the extent caused by the Client or an independent third party outside Barakah Design's reasonable control.
14. CLIENT APPROVALS
Where the Client approves: copy; design; artwork; website; advertisement; campaign; email; automation; landing page; other deliverable, Barakah Design may rely on that approval.
The Client remains responsible for checking factual information specifically relating to its own business.
15. CLIENT-SUPPLIED MATERIAL
The Client warrants that material supplied for use: may lawfully be used; does not knowingly infringe third-party intellectual property; is not knowingly defamatory; does not knowingly contain unlawful representations; does not knowingly breach applicable law.
Barakah Design may refuse to publish or use material reasonably believed to be unlawful, misleading, infringing or materially harmful.
16. CLIENT CLAIMS AND ADVERTISING COMPLIANCE
The Client is responsible for ensuring factual statements concerning its products and services are accurate and substantiated.
Barakah Design may identify apparent compliance concerns but does not provide legal advice merely by assisting with marketing.
Where necessary, the Client should obtain independent legal or regulatory advice.
17. CHANGE REQUESTS
Material scope changes may affect: fees; timeline; resources; functionality; dependencies.
Material out-of-scope work should be documented through a Change Request.
18. FEES
Fees are specified in: proposal; quotation; retainer; subscription; statement of work; invoice.
Fees are stated in Australian dollars unless otherwise specified.
As at 1 September 2026, Ignite Business Solutions, ABN 59 807 517 154, is not registered for GST and GST is not charged.
If the GST registration status changes, applicable pricing and invoicing may be updated prospectively in accordance with law.
Third-party expenses are separate unless expressly included.
19. PAYMENT
Invoices must be paid according to the applicable payment terms.
Payment structures may include: upfront payment; milestones; staged payments; subscriptions; retainers.
Amounts properly earned for Services already supplied remain payable where legally recoverable.
20. OVERDUE ACCOUNTS
Where an undisputed invoice remains overdue, Barakah Design may, after reasonable notice where appropriate: pause work; withhold further delivery; suspend ongoing Services under its control.
This right will not be exercised in a manner prohibited by applicable law.
21. CANCELLATION
If an engagement ends early, amounts properly payable may include: Services already supplied; approved work completed; authorised non-cancellable third-party expenses.
Nothing in this clause removes statutory rights.
22. CLIENT INTELLECTUAL PROPERTY
The Client retains ownership of intellectual property supplied by the Client.
The Client grants Barakah Design the rights reasonably necessary to use that material to provide the Services.
23. BARAKAH DESIGN PRE-EXISTING INTELLECTUAL PROPERTY
Barakah Design retains ownership of: frameworks; methodologies; templates; reusable code; software libraries; generic workflows; automation architecture; development tools; design systems; know-how; internal systems.
24. BESPOKE FINAL DELIVERABLES
Subject to: full payment; third-party licences; Barakah Design's pre-existing intellectual property, ownership of specifically commissioned final deliverables may transfer where the applicable proposal expressly states that ownership transfers.
Working files, rejected concepts, unused designs, generic systems and internal tools do not transfer unless expressly agreed.
25. THIRD-PARTY ASSETS
Third-party material may include: fonts; stock images; video; plugins; software; themes; templates; APIs; open-source components; other licensed assets.
Third-party licence terms continue to apply.
Barakah Design cannot transfer ownership of rights it does not own.
26. CONFIDENTIALITY
Each party must take reasonable steps to protect confidential information received from the other party.
Confidential information may only be used for its intended purpose except where: disclosure is authorised; disclosure is required by law; the information becomes public other than through breach; the information was already lawfully known.
27. CLIENT CUSTOMER DATA
Where Barakah Design processes Client customer, prospect or lead information, the Client remains responsible for having a lawful basis to collect and provide that information.
Barakah Design must not knowingly use Client customer information for an unrelated independent purpose.
28. DIRECT MARKETING
Where Services include commercial electronic messages, the Client remains responsible for having a lawful basis for contacting recipients unless another responsibility is expressly agreed in writing.
29. SUBCONTRACTORS
Barakah Design may use suitably qualified: contractors; specialists; consultants; technology providers.
Barakah Design remains responsible for its contractual obligations subject to these Terms.
30. BACKUPS
Unless backup Services are expressly included, the Client remains responsible for appropriate backups of: business records; content; databases; files; website data; third-party platform information.
31. CYBERSECURITY
No electronic system can be guaranteed completely secure.
Barakah Design will use reasonable care within the agreed scope.
The Client is responsible for systems outside Barakah Design's scope and for maintaining secure credentials.
32. ACCESSIBILITY AND REGULATED INDUSTRIES
Unless expressly included, Services do not constitute certification of: accessibility compliance; industry regulation; technical standards; legal compliance.
Clients operating in regulated industries must advise Barakah Design of relevant requirements before work begins.
33. AUSTRALIAN CONSUMER LAW
Nothing in these Terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded.
Where statutory consumer guarantees apply, they continue to apply.
34. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
- Barakah Design is not liable for business outcomes which were not contractually guaranteed.
- Barakah Design is not liable solely for the failure of an independent third-party platform outside its reasonable control.
- Barakah Design is not liable for indirect or consequential loss which was not reasonably foreseeable.
- Where liability may lawfully be limited, aggregate liability relating to an affected engagement is limited to the amount paid to Barakah Design for the Services giving rise to the claim.
Nothing in this clause limits liability where limitation would be unlawful.
35. CLIENT INDEMNITY
To the extent permitted by law, the Client indemnifies Barakah Design against a third-party claim directly caused by: Client-supplied infringing material; unlawful Client instructions; false factual claims supplied by the Client; unlawful marketing lists; unauthorised personal information; material Client breach.
The indemnity is reduced to the extent Barakah Design caused or contributed to the loss.
36. SUSPENSION
Barakah Design may reasonably suspend affected Services because of: unpaid undisputed invoices; security risk; unlawful instructions; serious misuse; third-party suspension; material breach.
Reasonable notice should be provided where practicable.
37. TERMINATION
Termination is governed by the applicable proposal or service agreement.
A material breach may allow termination following reasonable notice and an opportunity to remedy the breach where appropriate.
Following termination: outstanding amounts for Services already supplied remain payable where legally due; authorised non-cancellable third-party costs remain payable; confidential information must continue to be protected; provisions intended to survive termination continue.
38. FORCE MAJEURE
Neither party is liable for delay caused by matters outside its reasonable control, including: natural disasters; fire; flood; war; civil disorder; major internet outage; major cloud outage; government action; industrial action; utility failure; material third-party infrastructure failure.
The affected party must take reasonable steps to minimise the impact.
39. DISPUTES
The parties should first attempt to resolve disputes in good faith.
Nothing prevents: urgent court relief; statutory remedies; consumer rights.
40. GOVERNING LAW
These Terms are governed by the laws of New South Wales, Australia and applicable Commonwealth law.
Subject to any statutory right to commence proceedings elsewhere, the parties submit to courts having jurisdiction in New South Wales.
41. SEVERABILITY
An invalid provision must be read down where possible or severed without affecting the remaining Terms.
42. CHANGES
Changes to these Terms apply prospectively.
Material terms applying to an existing engagement must not be retrospectively changed without agreement unless permitted by law.
Contact
Barakah Design
Ignite Business Solutions
ABN: 59 807 517 154
NSW, Australia
Email: hello@barakahdesign.com.au
Website: barakahdesign.com.au