top of page

terms and conditions

These Terms and Conditions (“Terms”),  constitute a legally binding agreement entered into by Mamba Co ABN 73 316 690 902 (“we,” “us,” or “our”) and You (“you” or “your”). By accessing our website, purchasing a Digital Product (Product), or booking our Services, you agree you have read, understood, and agree to be bound by the following Terms, including any additional Terms and policies we may reference or link to. 

Please read them carefully, as they set out your rights and obligations when dealing with us. 

SERVICES AND PRODUCTS

Overview: We offer various intensives (“Services”) and the sale of various digital products (“Products”). Details of the Products or Services we agree to supply to you including the inclusions and pricing, are described on our website or as otherwise agreed in writing. 

Service model: When you book our Services, you are securing a defined block of our time, expertise, and professional skills to complete the advertised inclusions. Our work is time-based and occurs between the agreed Project Start Date ("Start Date") and Project End Date ("End Date"), and does not include a set list of deliverables. 

Variations: Any variations to the initially agreed Services ("Variation") must be agreed in writing between us and you. The fee that applies to the Variation will be communicated to you and is required in full before we will begin any additional work included as part of the Variation.

EXCLUSIONS AND LIMITS

General exclusions: Unless expressly stated, the following services are not included in any of our Products or Services, unless requested by add on or Variation (subject to an additional fee): (i) copywriting or content writing (ii) image sourcing or selection (iii) photo manipulation or editing services (iv) additional revisions beyond the inclusions stated on our website or as agreed in writing by us and you (v) resolutions or additional work due to changes or updates made by you or a third-party acting on your behalf (vi) training, customisation, implementation, or ongoing support (vii) overtime, out of hours, or additional work due to a delay caused by you, or due to your non-compliance with these Terms. 

​​

Web design exclusions: The following services are not included in any of our Web Design Services unless requested by add on or Variation (subject to an additional fee): (subject to an additional fee):  (i) complex design features (ii) advanced integrations  (iii) custom code (iv) complex databases, datasets, or Content Management Systems (v) customisation of automated client emails (vi) custom design or coding of Wix Business Solution pages (vii) Configuration of a e-commerce store for psychical products (viii) ongoing website monitoring or maintenance.

Incomplete inclusions: If the inclusions are unable to be completed by the End Date due to a delay caused by you or other non-compliance with your obligations, we reserve the right at our discretion to either: (i) deliver the work completed to date, which may be partially complete and not suitable for live use or (ii) deliver a near-final product using placeholder content.​

Scope of revisions: Revisions are intended for minor refinements to your draft design which may include updates to colours, fonts, or images, or minor layout adjustments such as the order of sections. Major changes including structural or functional redesigns, the addition of new elements, or changes that significantly alter the original purpose or direction are not included. 

 

Definition of a revision round: A revision round refers to a single consolidated set of changes that you request at one time. We will provide you with a form and guidance on providing clear and efficient feedback to ensure you make the most of any revision rounds included with your Services. Multiple emails, staggered requests, or changes submitted in parts will be considered as an individual round, and additional rounds that exceed the inclusions may require a Variation.

 

Unused revision rounds: ​Once a design phase is complete, any unused revision rounds are considered forfeited and are not able to be used at a later date.

COMMUNICATION

 

We communicate on a solely virtual basis and do not offer in person or telephone meetings at this time. Free 15 minute discovery meetings are available on request to discuss your needs.

You may reach us by email at any time to hi@mambaco.com.au and we will make all efforts to respond within one (1) business day. 

PAYMENTS

Payment for services: To reserve our time and creative output, we require a non-refundable deposit equal to the total cost of the Services to secure your Start Date. Unless otherwise stated all prices are quoted in Australian Dollars and GST does not apply. 

Accepted payment methods: 

By default we accept payments by direct debit. Should you wish to pay by credit card please contact us to arrange a payment link. 

REFUNDS

Due to the digital nature of our Products, and the exclusive time we set aside to complete the Services, as well as preparations and work we undertake prior to the Start Date, all payments are strictly non-refundable except where required by law.

CANCELLATIONS

Rescheduling: You may request to reschedule the Start Date once without penalty, by providing at least 14 days written notice prior to your Start Date to hi@mambaco.com.au and we will work with you to find another mutually agreeable date. Where you request to reschedule the Start Date more than once, or provide less than 14 days written notice, a fee equal to 20% of the total price ("Rescheduling Fee") will apply to compensate us for loss of earnings, as we are unable to rebook replacement services at short notice. The rescheduling fee is required to be paid in full to secure the rescheduled Start Date.

Cancellations

You may cancel the Services at anytime by providing written notice to hi@mambaco.com.au. We reserve the right at our discretion to cancel the Services in the event that (i) you have expressly told us you will not be proceeding with the Services (ii) you fail to reasonably participate under these Terms.

YOUR OBLIGATIONS

Content provision: You must submit final versions ready for use, of all written content, images, assets, and materials ("Content") prior to the Start Date and by the methods requested by us. You must obtain and verify all necessary rights, licenses, and permissions for any Content you submit and you are responsible for ensuring the quality and accuracy of any Content you supply to us and for reviewing the accuracy of any content we upload, implement, change, or otherwise input on your behalf.  

Required actions: You must action any requests we reasonably make of you by the due date we specify, which may include but are not limited to (i) scheduling and attending pre-Start Date strategy meetings (ii) completing questionnaires or forms (iii) providing access to existing website hosting accounts (iv) releasing existing domains (v) creating third-party accounts (vi) connecting payment methods (vii) downloading deliverable files post-End Date. 

Communication: Due to the express nature of the Services, you must be readily available to communicate with us and ensure responses to any emails, approvals, or other requests for information between the Start and End Date are actioned within 3 business hours.

Third-party services: Where we recommend, configure, or integrate third-party tools, platforms, or solutions, you are responsible for: (i) all costs including but not limited to domain name and transfer, website hosting, subscriptions, licences, and payment processing fees, (ii) maintaining any accounts, subscriptions, plans, or domains (iii) accepting any transfers of ownership or invitations to manage third-party accounts (iv) complying with the terms and conditions of any third-party provider.

System requirements:  You are responsible for ensuring you have the appropriate software, systems, and internet connection to access and use our Products or any deliverables included in the Services. We do not guarantee compatibility with all devices or third-party applications, and are not responsible for issues arising from system limitations or changes to third-party software.

Legal compliance

You are responsible for ensuring compliancy with all applicable laws, regulations, and industry standards relevant to your business or location in relation to the Products or Services. ​

DISCLAIMERS

No guarantee of results: We do not guarantee any specific outcomes, business results, visibility, ranking, or performance as a result of engaging our Services or purchasing our Products. 

Non-exclusivity: Due to the express nature of our Services, our designs are likely to contain templated, or standardised elements. We do not guarantee exclusivity to any design structure, visual layout, format, or process. 

Legal compliance: Any recommendations we make do not constitute legal advice. We advise you seek independent professional advice regarding your legal obligations, and obligations for conducting business online. 

 

Third-party limitations: We may recommend, configure, or integrate third-party services or solutions (including but not limited to website hosts, domain registrars, payment processors, business tools, or plugins) as part of delivering our Products or Services. We are not responsible for the performance, availability, accuracy errors, changes, or privacy practices of any third-party service.

 

Third-party costs: Introductory third-party service rates are often discounted or reduced and may increase upon renewal; we accept no responsibility or liability for future pricing changes and where possible encourage you to take advantage of new customer discounts. 

 

Relationship of parties: Booking our Services or purchasing our Products does not create any partnership, joint venture, or similar business or employment relationship between us and you. ​​

INTELLECTUAL PROPERTY

Intellectual property rights: We own and retain all Intellectual Property Rights for all Intellectual Property licensed, developed, adapted, modified or created by or on behalf of us and nothing in these Terms constitutes a transfer or assignment of any of our Intellectual Property Rights unless expressly stated.

Licencing: Purchase of our Products or Services grants you a non-exclusive, non-transferable licence for personal use only. You must not copy, share, resell, repurpose, distribute, or otherwise make the product available to others without our prior written and express consent.​​

MARKETING USAGE

Portfolio rights: We reserve the right to display, publish, and otherwise use the work produced for you (including screenshots, videos, designs, and project descriptions) for our own marketing, promotional and portfolio purposes, both online and offline at any time. 

Feedback: We may request a testimonial or review for our Services and by providing your comments, you expressly grant us permission to use your name or business name, profession, and verbal or written comments in full or part for marketing, promotional and portfolio purposes. 

FORCE MAJEURE

Neither party shall be held liable for any failure or delay in performing their obligations under these Terms due to causes or events beyond their reasonable control. This includes but is not limited to acts of God, natural disasters, pandemics, government actions, power outages, internet failures, labour disputes, civil disputes, or personal emergencies such as serious illness, injury, or bereavement.

If either party is affected by such an event, they must notify the other as soon as reasonably possible. Both Parties will make reasonable efforts to agree on a suitable extension, a Rescheduling, or Variation.

CHANGES TO TERMS

We may update or modify these Terms from time to time and without specific notice. Any changes will be posted on this page indicated by the Last Updated date. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your engagement of the Services or continued use of our website after the date on which the revised Terms are posted.

Last Updated: 

25 November 2025

bottom of page