Terms & Conditions

Owner: WE DRAW TECH (ABN: 26 620 316 917)

Last updated: 21 August 2025

1. Acceptance & Scope

1.1. These Terms & Conditions (“Terms”) govern your use of the WE DRAW TECH website (the “Site”) and any products or services we provide, including design/diagramming, consulting, training, and digital downloads (the “Services”).

1.2. By using the Site, approving a Quote, paying a Non-Refundable Deposit, or paying an invoice, you agree to these Terms and our Privacy Policy. If you disagree, do not use the Site or Services.

1.3. If you use the Site/Services on behalf of a business, you warrant you’re authorised to bind that business and that you are at least 18 years old.

2. Order of Precedence

If there’s any conflict or inconsistency, the following order applies:

(a) the most recent signed/accepted Quote or Statement of Work (SOW) (including the Valid Until date and Non-Refundable Deposit terms);
(b) the Invoice terms printed on an issued invoice (e.g., Due Date, 2% per month interest, dispute window);
(c) these Terms;
(d) any ancillary policies.

Nothing here limits your non-excludable rights under the Australian Consumer Law (ACL).

3. Key Definitions

Quote / Proposal / SOW: Our written scope, inclusions, fees, and timelines.
Valid Until date: The date on a Quote by which the Non-Refundable Deposit must be paid to proceed.
Non-Refundable Deposit: The upfront amount specified in the Quote, payable by the Valid Until date, credited to the project but not refundable once paid (unless required by law).
Invoice Date: The date printed on an invoice we issue.
Due Date: The payment due date printed on an invoice we issue.
Deliverables: Final outputs expressly listed in the Quote/SOW (e.g., PDFs, PNG/SVG exports).
Working Files: Native/editable files (e.g., draw.io, Adobe, Figma, Visio), component libraries, or code used to create Deliverables.
Business Day: Monday–Friday in Queensland, excluding public holidays.

4. Quotes: Validity, Deposits, Disputes

4.1. Validity. Quotes are valid only until the Valid Until date stated on the Quote.

4.2. Acceptance. The project proceeds only if the Non-Refundable Deposit is paid by the Valid Until date (or as otherwise agreed in writing). Once the deposit is paid, the Quote (including scope, products, and terms) is deemed accepted.

4.3. Disputes on Quotes. Any disputes or queries regarding a Quote must be raised prior to paying the deposit. After the deposit is paid, subsequent disputes must be handled under these Terms’ payment/cancellation provisions.

5. Engagement, Scope & Revisions

5.1. Only items explicitly listed in the Quote/SOW are included. Variations or additions are out-of-scope and may require a change order and fee adjustment.

5.2. The Quote or SOW will specify the number of revision rounds; extra rounds or rework due to new/changed requirements are billable.

5.3. Approvals are confirmed in writing or deemed accepted if no changes are requested within 5 Business Days of delivery of a milestone or final files.

6. Client Responsibilities

Provide accurate information, timely feedback/approvals (typically within 3–5 Business Days), and a single authorised contact for decisions. You warrant you own or have licences for any materials you provide and that they don’t infringe others’ rights.

7. Delivery & Formats

Deliverables will be supplied in the formats stated in the Quote/SOW (e.g., PDF/PNG/SVG). Working Files are not supplied unless expressly agreed in writing for an additional fee. Output and colour may vary across devices, platforms, and print processes.

8. Invoicing & Payments

8.1. Due Date. Payment is due by the Due Date on each invoice, unless otherwise agreed in writing.

8.2. Interest. Late payments may incur 2% per month interest on overdue balances.

8.3. Bank Charges. All bank/transfer fees are your responsibility (for Quotes and Invoices).

8.4. Suspension. We may suspend Services and withhold Deliverables/Working Files while any amount is overdue.

8.5. Expenses. Pre-approved third-party costs (e.g., stock assets, fonts, specialised printing, travel) will be on-charged.

9. Ownership, Title & Intellectual Property

9.1. Retention of Title. All goods or services remain our property until full payment is received for the relevant invoice(s).

9.2. IP Transfer/License. Intellectual property rights in the Final Deliverables (if applicable) are transferred or licensed to you only upon full payment. The type of grant (assignment vs. licence) will be as stated in the Quote/SOW.

9.3. Exclusions. We retain ownership of pre-existing IP, methods, tools, know-how, design systems, and Working Files (unless explicitly purchased/licensed separately).

9.4. Third-Party Materials. Rights in stock, fonts, plugins, templates, or other third-party assets are subject to their own licences; you must comply with those licences (you may need your own seat/licence).

10. Cancellations & Refunds

10.1. Cancellation Procedure. You may cancel by written notice.

10.2. Refunds. Once the Non-Refundable Deposit is paid and work has commenced, refunds will not be provided for the deposit or for services already rendered/products delivered (except as required by law).

10.3. Fees on Cancellation. A reasonable cancellation fee may apply depending on the work stage completed, plus all committed/third-party costs.

10.4. On cancellation, you must pay all amounts due for work performed to date. IP treatment follows clause 9.

11. Disputes & Queries

11.1. Quotes: Disputes/queries must be raised before paying the deposit (see clause 4.3).

11.2. Invoices: Disputes/queries must be raised in writing within 7 days of the Invoice Date. After that, the invoice is deemed accepted.

11.3. Project Disputes: The parties will attempt good-faith resolution within 20 Business Days; if unresolved, disputes go to mediation in Brisbane (costs shared equally), without limiting urgent court relief.

12. Site Use & Security

Do not misuse the Site (e.g., hacking, scraping, introducing malware, bypassing security, or interfering with availability). We may suspend or restrict access for maintenance, security, or misuse. You are responsible for safeguarding your credentials and systems.

13. Privacy

Your data is handled in accordance with our Privacy Policy, which forms part of these Terms. It covers definitions, cookies and tracking technologies, collection/use, retention, deletion rights, disclosures, security, children’s privacy, and changes. By using the Site/Services, you consent to processing as described in that policy.

14. Generative AI & Automation Tools

We may use reputable generative tools to ideate or assist with production. We do not knowingly include third-party copyrighted content without permission. Because AI output is probabilistic, similar works may exist; you are responsible for high-stakes clearances (e.g., trade marks). Do not ask us to generate unlawful or infringing content.

15. Portfolio & Credits

Unless you notify us in writing before project commencement or a contract states otherwise, we may display non-confidential work samples, your name/logo, and case studies in our portfolio, social channels, and credentials. We will honour legitimate confidentiality obligations.

16. Australian Consumer Law (ACL)

Nothing in these Terms excludes, restricts, or modifies your rights under the Competition and Consumer Act 2010 (Cth) and the ACL. Where permitted, our liability for failure to comply with a guarantee is limited to resupply of the Services or payment of the cost of resupply (and for goods, repair/replacement or cost).

17. Warranties, Liability & Indemnity

17.1. We warrant Services will be provided with due care and skill. The Site/Services are otherwise provided “as is” and “as available.” We do not guarantee uninterrupted access, compatibility with third-party platforms, or that Deliverables will meet every specific purpose.

17.2. To the maximum extent permitted by law and subject to clause 16: (a) we are not liable for indirect or consequential loss, lost profits, revenue, data, goodwill, or business interruption; and (b) our total aggregate liability in connection with the relevant Services is capped at the fees paid by you to us for those Services in the preceding 6 months.

17.3. You indemnify us (and our personnel) against claims, losses, and costs arising from your breach of these Terms, your supplied materials, or your misuse of the Site/Deliverables.

18. Subcontractors & Third-Party Links

We may engage trusted subcontractors/specialists and remain responsible for overall delivery. Third-party sites/tools linked from the Site are used at your own risk and are subject to their terms.

19. Force Majeure

Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., natural disasters, major outages, strikes). Timeframes are extended as needed.

20. Notices

Serve notices in writing to the contact details above or as stated in the Quote/SOW. Email notices are deemed received on the next Queensland Business Day.

21. Changes to These Terms

We may update these Terms by posting a revised version on the Site. Changes apply from the “Last updated” date. Material changes to active engagements will be communicated.

22. Governing Law & Jurisdiction

These Terms are governed by the laws of Queensland, Australia. Subject to clause 11.3 (mediation), the courts of Queensland have exclusive jurisdiction.