Clear, straightforward terms that protect both Clearmark and our clients. These terms were last updated on 29 May 2026.
These Terms of Service govern the use of Clearmark's web design and branding services. Clearmark (trading as Arnoud Gernaat trading as Clearmark, ABN 72 362 622 752) is a sole trader based in Perth, Western Australia. By purchasing a package and engaging with Clearmark, you agree to these terms. If you do not agree, do not engage our services.
Clearmark offers three fixed-scope packages: Launchpad ($890 + GST), Standard ($3,200 + GST), and Scale ($7,200 + GST). Each package delivers a complete, production-ready website built to specification.
Scope and deliverables: The scope of work is defined by your completed questionnaire. Your website will be fully built, tested, and deployed to Cloudflare Pages. The deliverables include the live website, a handoff document, and one year of hosting. Anything beyond the scope defined in your questionnaire is considered out-of-scope and may incur additional costs.
Delivery timeline: Launchpad and Standard packages are delivered within 5 business days of questionnaire submission. Scale packages are delivered within 10 business days of questionnaire submission. The clock starts from when your completed questionnaire is received and payment has cleared. Delivery is not guaranteed if you fail to provide required assets or feedback in a timely manner.
All sales are final: Once the build has commenced, no refunds will be issued. Refunds are available in full only if you cancel before work begins.
Payment methods: Payment is processed via Stripe. We accept credit cards, debit cards, and Buy Now Pay Later options including Afterpay, Klarna, and ZIP. All prices are exclusive of GST. GST will be added at checkout for Australian-registered businesses.
Invoice and tax: A tax invoice will be provided upon payment. You are responsible for retaining this invoice for your records and tax purposes.
Questionnaire completion: You must complete the Clearmark questionnaire thoroughly and accurately. The quality of your brief directly affects the speed and quality of your deliverable. Incomplete or unclear briefs may delay delivery.
Asset provision: You are responsible for providing all required assets (logos, photos, copy, product information) in a timely manner. If assets are missing or delayed, delivery timelines will be extended accordingly.
Feedback and iterations: You are responsible for providing feedback on iterations within the agreed timeframe. Clearmark will not hold deliverables pending feedback; if feedback is not received by the committed delivery date, the site will be deployed as-is.
Client ownership: Upon full payment, you own the final website deliverable and all custom elements created for your project. You have full rights to use, modify, and distribute the website.
Clearmark portfolio rights: Clearmark retains the right to feature your website in our portfolio, case studies, and marketing materials unless you opt out in writing before payment. If you opt out, Clearmark will not publicly display your work.
Third-party assets: Any third-party assets (fonts, icons, templates) used in your website are subject to their respective licenses. You are responsible for maintaining compliance with any licensing terms.
Included iterations: Your package includes a defined number of revision rounds. Launchpad includes 2 rounds of revisions. Standard includes 3 rounds. Scale includes 5 rounds. Each round allows you to request changes to the design, layout, or copy.
New scope vs. iteration: An iteration is a refinement or adjustment to the existing design (e.g., "change the button color" or "adjust the headline text"). New scope is work that extends beyond the original brief (e.g., "add a blog section" or "create a contact form"). New scope requests will be quoted separately and are not included in your package.
Revision process: Revisions are managed via email. You will receive a revision opportunity within 24 hours of your feedback. If revisions exceed the included rounds, additional rounds will be charged at $250 per round.
First year included: Your website is hosted on Cloudflare Pages at no cost for the first 12 months from deployment. This includes all hosting, SSL certificates, and CDN services.
Year 2 onwards: From month 13 onwards, hosting will cost $15 per month. Clearmark will send you a renewal invoice 30 days before the end of your first year. If you do not pay the renewal fee, your website will remain live but receive no support or updates.
Domain and migration: You own your domain and can migrate your website to any host at any time. If you choose to self-host, Clearmark is not responsible for maintenance, uptime, or support.
To the maximum extent permitted by Australian law, Clearmark's total liability for any claim arising from these terms or your use of our services is limited to the amount you paid for your package. Clearmark is not liable for indirect, consequential, or punitive damages, including lost profits or lost revenue.
Termination by client: You may terminate your engagement at any time by notifying Clearmark in writing. If the build has not commenced, you will receive a full refund. If the build is in progress, you will receive a pro-rata refund based on work completed.
Termination by Clearmark: Clearmark may terminate the engagement if you breach these terms, fail to provide required assets, or make unreasonable demands. In this case, you will receive a pro-rata refund based on work not completed.
By using this website, you agree to the data collection and handling practices described in our Privacy Policy. We encourage you to read the Privacy Policy in full before using our services.
AI chat widget: Our website includes an AI-powered chat widget. The chat widget is provided as-is and responses are generated by artificial intelligence. Chat responses should not be taken as formal advice, and Clearmark does not guarantee the accuracy or completeness of AI-generated responses. Chat interactions may be stored in our CRM system and used to improve our service and follow up on enquiries.
Cookies: Our website uses essential and analytics cookies. We provide a cookie consent mechanism that allows you to accept or decline non-essential cookies. By continuing to use the website after making your cookie selection, you agree to the use of cookies as described in our Privacy Policy.
Email communications: If you opt in to marketing communications, you agree to receive emails from Clearmark. You can unsubscribe at any time by clicking the unsubscribe link in any email or by contacting hello@clearmark.agency.
These terms are governed by the laws of Western Australia. Any disputes arising from these terms will be resolved in the courts of Western Australia.
Last updated: 29 May 2026. Clearmark reserves the right to update these terms at any time. Continued use of our services following any changes constitutes your acceptance of the new terms.