Terms & Conditions

Welcome to Penfold Media. These Terms and Conditions ("Terms") govern your use of our website (penfoldmedia.com) and set the baseline framework for all commercial services, web development, mobile application engineering, and consulting provided by Penfold Media (ABN: 94 238 442 145, "we", "us", "our"), operated by Luke Penfold.

By accessing our website or engaging our studio for a project, you agree to be bound by these Terms. For custom client engagements, specific deliverables, timelines, pricing, and project milestones are defined in an accompanying written Project Proposal or Statement of Work (SOW).

We believe clients should own what they pay for. Our intellectual property policy is simple and transparent:

Open-source libraries, standard framework components (such as Astro, React, Tailwind CSS), and third-party APIs retain their respective open-source or proprietary licenses.

We run every engagement with strict Project Management and Business Analysis discipline to eliminate budget overruns and scope creep:

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  Milestone Invoicing: Projects are structured into clear phases (e.g. Discovery & Wireframing, Architecture & Development, Final Review & Deployment). Invoices are tied directly to agreed deliverables.
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  Scope Changes: If you wish to expand functionality or add new features outside the initial SOW, we will provide a written scope addendum with transparent pricing before performing the work. Zero surprise charges.
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  Payment Terms: Invoices are payable within 14 calendar days of issuance unless otherwise stipulated in your contract.

Fast, high-velocity project delivery requires a collaborative partnership. Clients agree to:

• Provide required brand assets, copy, photography, and domain/hosting access in a timely manner.
• Review and provide timely feedback during scheduled sprint checkpoints to ensure project momentum.
• Ensure that all materials, trademarks, and content supplied to us do not infringe third-party intellectual property rights.

Every custom website and application deployed by Penfold Media includes a 30-day comprehensive bug-fix warranty from the official live launch date.

During this 30-day window, any functional defects, layout regressions, or bugs resulting from our code will be remedied promptly at zero additional cost. Ongoing feature enhancements, third-party platform deprecations, or content updates can be managed under our ongoing SLA support retainer.

Unless an explicit Non-Disclosure Agreement (NDA) is executed prior to engagement, Penfold Media reserves the right to showcase completed client websites, application screens, and anonymized performance metrics in our professional portfolio, case studies, and studio marketing.

We strictly protect confidential business information, proprietary operational data, and unreleased product roadmaps.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law (ACL) that cannot be excluded by law.

To the maximum extent permitted by law, Penfold Media's total cumulative liability for any claim arising out of or relating to our services or website will not exceed the total fees paid by the client under the specific Statement of Work giving rise to liability.

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Any disputes arising out of these Terms or related client contracts shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

If you have questions regarding these terms or wish to discuss an NDA or bespoke enterprise agreement, please get in touch directly: