Blue Pilot Agency
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LEGAL

Terms of Service

Version 1.0. These terms apply to every service Blue Pilot Agency provides, unless your signed proposal says otherwise.

1. About these terms

These terms apply to every service Blue Pilot Agency provides, unless your signed proposal says otherwise.

  1. Who we are. Blue Pilot Agency Pty Ltd, ABN 13 076 963 632, ACN 076 963 632, of PO Box 835, Narellan NSW 2567 ("BPA", "we", "us").
  2. Who they apply to. You, the business that engages us ("you").
  3. How you accept them. You accept these terms when you sign a proposal, pay a deposit, or ask us to start work, whichever comes first.
  4. Order of precedence. If documents conflict, this order applies: your signed proposal or statement of work; then the scope standard for your tier (for example, the Right Flyer spec sheet); then these terms.
  5. Website use. Simply browsing our website doesn't create an agreement for services. The Privacy Policy and Cookie Policy cover your use of the site.

2. Services and scope

We deliver exactly what your proposal and tier scope describe, for a fixed price.

  1. Fixed scope. Our website tiers (The Right Flyer, The Camel, The Tiger and above) and standalone services each have a written scope. Your proposal confirms which one you are buying and any agreed additions.
  2. Changes. Anything outside that scope is a change request. We'll give you a written quote and timing before doing it. Nothing extra is billed unless you approve it in writing (email is enough).
  3. What isn't included unless your proposal says so: copywriting beyond what the tier lists; photography and stock licences; paid advertising spend; third-party software subscriptions; migration of content from an old site.
  4. Discovery and audits. Paid discovery or audit work is a separate engagement. Where our pricing says so, part of an audit fee is credited to a website tier accepted within 30 days.

3. Fees, payment and tax

Prices are in Australian dollars and are the total you pay. BPA is not registered for GST, so no GST is added.

  1. Project payments. Website projects are paid in three stages, unless your proposal sets a different schedule: 40% to book the project and start; 30% at design approval; 30% before launch.
  2. Monthly plans are billed monthly in advance.
  3. Due date. Invoices are due within 7 days. We invoice and take payment by Stripe or bank transfer.
  4. Late payment. If an invoice is more than 14 days overdue, we may pause work or the plan (see section 11). We'll tell you in writing first.
  5. GST changes. If BPA registers for GST, we'll tell you before any change applies to an existing engagement.
  6. Price changes. Prices for a signed project are fixed. Monthly plan prices may change with 30 days' written notice.

4. Your responsibilities

We can only keep to the timeline if we get what we need from you on time.

  1. Content. You supply your text, images, logo files and any brand guidelines by the dates in the project plan.
  2. Rights. You confirm you own, or are licensed to use, everything you give us. You are responsible if it infringes someone else's rights.
  3. Accuracy. You check that claims, prices and legal information on your site are accurate and lawful for your business.
  4. Access. You give us timely access to accounts we need, such as your domain registrar or Google Business Profile. We'll ask for the least access needed.
  5. One contact. You name one person who can give feedback and approvals for your business.

5. Timelines, revisions and approvals

Each tier has a target timeline and a set number of revision rounds, stated in its scope.

  1. Timelines run from when we receive your deposit and starting content. They are targets, not guarantees.
  2. Delays on your side. If feedback or content is more than 10 business days late, we may move your project to the next available slot.
  3. Paused projects. If a project is paused for more than 60 days because we're waiting on you, we may close it. You then pay for the stage reached, and we hand over the work completed.
  4. Revision rounds are as listed for your tier. For example, The Right Flyer includes two rounds at the brand stage and one before launch. Further rounds are quoted as a change request.
  5. Approval. Written approval (email is enough) signs off a stage. Changes after sign-off are a change request.
  6. Launch. We launch once the final payment is received and you approve the site for go-live.

6. Ownership — the Master Key

You own your domain and your content outright. We supply and run the hosting, licences and infrastructure, and you can take everything with you.

The Master Key is our standing promise, worded exactly as it appears on our websites:

“You own the domain. We run the stack. You can take the controls whenever you choose.”

  1. The client owns their domain name outright. It is registered in their name and it stays theirs.
  2. BPA supplies and operates the hosting, licences and infrastructure, billed transparently.
  3. White-label WordPress dashboard access is available on request after training, so the client can become progressively self-sufficient rather than agency-dependent.
  4. All backups and digital assets are available through a shared folder — the client’s own Drive or a BPA Drive — and there is a documented hand-back path.

The terms below set out how that promise works in practice.

  1. Your domain is registered in your name, or transferred to you on request.
  2. Your content (text, images, logos and data you supply) stays yours at all times.
  3. Your finished website (design, layouts and pages made for you) becomes yours once the project is paid in full.
  4. What we keep. We own our own tools, templates, methods and know-how. You get a permanent licence to use any of these that are built into your site.
  5. What we supply. Hosting, premium theme and plugin licences, and similar infrastructure are supplied and operated by BPA while you have a plan with us. Third-party licences stay with their providers' terms.
  6. Dashboard access. You can have white-label access to your site dashboard on request, after a short training session.
  7. Hand-back. If you leave, we follow a documented hand-back: a full backup of your site and content; transfer of your domain if it isn't already in your name; and help moving to the host of your choice. Hand-back is free once all invoices are paid.
  8. Portfolio. We may show your site in our portfolio unless you ask us not to.

7. Hosting, licences and Monthly Line Maintenance

Your site runs on BPA-supplied hosting under a Monthly Line Maintenance plan matched to your tier.

  1. What a plan covers is set out in the plan description for your tier, for example The Right Flyer Monthly Line Maintenance.
  2. Minimum term. Plans have a minimum term of 1 month from launch. After that they continue month to month.
  3. Cancelling. After the minimum term, either of us can cancel with 30 days' written notice. Cancelling starts the hand-back in section 6.
  4. Support. Support channels and response times are listed for each plan. For example, The Right Flyer plan is email support with a response within 2 business days.
  5. Availability. We use reputable hosting and keep regular backups. No hosting is available 100% of the time, and we don't guarantee uninterrupted service.
  6. Fair use. Plans cover normal business use. If your site's traffic, storage or requests grow well beyond your plan, we'll talk with you about moving up a plan before anything changes.

8. Third-party services

Some parts of your site depend on other companies' services, and their terms apply to those parts.

  1. Examples: WordPress, the Divi theme, plugins, your domain registrar, Google services, payment providers and email platforms.
  2. Changes outside our control. If a provider changes, withdraws or reprices a service, we'll tell you and suggest options. We aren't responsible for their outages or changes.
  3. AI tools. We use AI tools to help with drafting and building. A person reviews and approves all work before it reaches you. We don't put your confidential information into tools that train on it.

9. Confidentiality and privacy

We keep your business information confidential and handle personal information under the Australian Privacy Principles.

  1. Confidentiality. We each keep the other's non-public business information confidential. This doesn't apply to information that is already public or that the law requires us to disclose.
  2. Logins. We store any passwords you give us in a password manager and never send them by plain email.
  3. Personal information. If your site collects visitors' details (for example, through an enquiry form), you are responsible for your own privacy policy. We set up a standard policy and cookie banner as part of every build, which you should check suits your business.
  4. Our privacy policy explains how we handle your information: bluepilotagency.com/privacy-policy.

10. Warranties, consumer law and liability

Nothing in these terms removes your rights under the Australian Consumer Law. Beyond those rights, our liability is limited as set out below.

  1. Our commitment. We'll provide our services with due care and skill, and they'll be fit for the purpose set out in your proposal.
  2. Consumer guarantees. The Australian Consumer Law gives you guarantees that can't be excluded. Where the law allows, our liability for a failure to meet a guarantee is limited to supplying the services again or paying the cost of having them supplied again.
  3. No guaranteed results. We don't promise specific search rankings, traffic, enquiries or sales, because they depend on factors outside our control.
  4. Cap. Where the law allows, our total liability under an engagement is limited to the fees you paid us for it in the previous 12 months.
  5. Indirect loss. Where the law allows, neither of us is liable for indirect or consequential loss, such as lost profits or lost data that wasn't backed up under a plan.
  6. Your content. You indemnify us against claims arising from content or materials you supplied (see section 4).

11. Suspension and termination

Either of us can end an engagement in writing. You pay for work done to that point, and you keep what you've paid for.

  1. Ending a project. If you end a project before launch, you pay for the stage reached. Deposits cover work already started and aren't refundable.
  2. For serious breach. Either of us may end the engagement if the other seriously breaches these terms and doesn't fix it within 14 days of written notice.
  3. Suspension. We may pause work or a plan if invoices are overdue (section 3), or to protect your site or others from a security threat. We'll tell you first unless it's an emergency.
  4. Unlawful use. We may suspend hosting immediately if a site is used for unlawful or harmful content.
  5. After termination. The hand-back in section 6 applies once all invoices are paid. Sections 6, 9 and 10 continue after the engagement ends.

12. Disputes and governing law

If something goes wrong, we talk first. These terms are governed by the laws of New South Wales, Australia.

  1. Talk first. Tell us in writing what the problem is. We'll both try in good faith to resolve it within 14 days.
  2. Mediation. If that doesn't work, either of us may refer it to mediation before going to court.
  3. Courts. The courts of New South Wales have jurisdiction.
  4. Urgent relief. Nothing here stops either of us seeking urgent court orders.

13. Changes to these terms and contact

We may update these terms. A signed engagement stays on the version you accepted unless we both agree otherwise in writing.