Xenarchs Terms of Service

About Xenarchs

Xenarchs (“Xenarchs”, “we”, “our”, or “us”) is a digital creative agency providing services including design, development, branding, digital experiences, product visuals, motion, and related creative and technology services.

Our services may vary depending on the requirements of each client and project.

Specific project arrangements may be set out in a separate proposal, quotation, statement of work, agreement, or other written document.

Where a separate written agreement exists between you and Xenarchs, that agreement will govern the specific services and project requirements covered by it.

Using Our Website

You may use our website for lawful purposes and in accordance with these Terms.

You must not:

• Use the website for unlawful, fraudulent, or misleading purposes
• Attempt to gain unauthorised access to our systems or website
• Interfere with the operation or security of the website
• Introduce malicious code, viruses, or harmful material
• Copy, reproduce, or distribute website content without permission
• Use our website or content in a way that infringes the rights of Xenarchs or others

We may update, modify, suspend, or discontinue parts of the website from time to time.

Our Services

Xenarchs provides creative, digital, design, development, branding, and related services.

The exact scope of a project will depend on the agreed requirements between Xenarchs and the client.

Services may include:

• UI/UX design
• Website and digital product development
• Branding and visual identity
• Product and 3D visuals
• Motion and animation
• Digital strategy
• Other creative or technology services agreed between the parties

Not every service is available for every project.

Project Agreements

Before starting a project, Xenarchs may provide a proposal, quotation, statement of work, project agreement, or similar document describing the scope of work.

Depending on the project, this may include:

• Project scope
• Deliverables
• Timeline and milestones
• Fees and payment terms
• Client responsibilities
• Revision arrangements
• Required materials or information
• Ownership and licensing arrangements
• Other project-specific conditions

A project will generally begin once the relevant proposal or agreement has been accepted and any required initial payment or information has been provided.

Client Responsibilities

To help us deliver projects effectively, clients are responsible for providing accurate and timely information, materials, approvals, feedback, access credentials, brand assets, content, and other resources reasonably required for the project.

Delays in providing required information, feedback, approvals, or materials may affect project timelines.

Clients are also responsible for ensuring that materials they provide to Xenarchs do not infringe the rights of third parties.

Fees and Payments

Project fees, payment schedules, deposits, milestones, and other payment arrangements will be communicated to the client before or during the engagement.

Unless otherwise agreed in writing, Xenarchs requires a 30% advance payment before work begins. The remaining balance will be payable according to the agreed project payment schedule.

• A 30% advance payment is required before project work commences
• Invoices must be paid according to the agreed payment terms
• Additional work outside the agreed scope may require an additional fee
• Third-party costs may be charged separately where applicable
• Taxes or applicable government charges may apply

We will communicate any material changes to project costs before proceeding with additional work where reasonably practicable.

Changes and Additional Work

Projects can evolve as requirements become clearer.

Requests that materially change the agreed scope, deliverables, functionality, timeline, or creative direction may be treated as additional work.

Where additional work is required, Xenarchs may provide an updated estimate, quotation, or agreement before proceeding.

We will work with the client to keep project changes and associated costs as clear as reasonably possible.

Revisions and Approvals

The number and nature of revisions included in a project may depend on the relevant proposal or agreement.

Clients are responsible for reviewing work and providing consolidated, accurate feedback within agreed timeframes.

Once a deliverable has been approved, additional changes may be treated as additional work where they fall outside the agreed scope.

Intellectual Property

Unless otherwise agreed in writing, Xenarchs retains ownership of its pre-existing materials, concepts, processes, systems, templates, tools, techniques, frameworks, and other intellectual property developed independently of a specific client deliverable.

Ownership or licensing of final project deliverables will be determined by the relevant project agreement.

Where full ownership or a specific licence is transferred to a client, that transfer may be subject to payment of all agreed fees.

Third-party assets, fonts, stock imagery, software, plugins, libraries, or other licensed materials remain subject to their respective licence terms.

Client Materials

Clients retain ownership of materials they provide to Xenarchs unless otherwise agreed.

By providing materials to us, you confirm that you have the necessary rights, permissions, and licences for us to use those materials for the purpose of delivering the agreed services.

You grant Xenarchs permission to use those materials as reasonably necessary to perform the project.

Portfolio and Marketing Use

Unless otherwise agreed in writing, Xenarchs may display completed work created for a client in its portfolio, website, presentations, social media, award submissions, and other promotional materials.

If a project is confidential, subject to a non-disclosure agreement, embargo, or other restriction, Xenarchs will respect the applicable confidentiality requirements.

Third-Party Services

Projects may involve third-party services, platforms, software, hosting providers, APIs, plugins, fonts, stock assets, payment providers, or other technologies.

Third-party services are generally subject to their own terms, licences, availability, and privacy policies.

Xenarchs is not responsible for changes, outages, restrictions, or failures caused by third-party services outside our reasonable control.

Where third-party services require ongoing subscriptions or fees, those costs may be the responsibility of the client unless otherwise agreed.

Website and Digital Product Maintenance

Unless specifically included in a project agreement, ongoing maintenance, hosting, security monitoring, content updates, software updates, support, and technical maintenance are not automatically included after project completion.

Any ongoing support or maintenance arrangement will be agreed separately.

Timelines and Delays

We will make reasonable efforts to meet agreed project timelines.

Timelines may change where delays result from factors outside our reasonable control, including delayed client feedback, unavailable materials, third-party services, technical issues, changes in project scope, or other circumstances beyond our reasonable control.

Where a delay is likely to materially affect a project, we will communicate this with the client where reasonably practicable.

Cancellation and Termination

Either party may request to end a project subject to the terms of the applicable project agreement.

If a project is cancelled after work has commenced, the client may remain responsible for fees relating to work already completed, approved expenses, third-party costs, and other amounts properly payable under the applicable agreement.

Any termination rights will be subject to applicable law and the specific terms agreed between the parties.

Confidentiality

We respect confidential information shared with us during a project.

Unless required by law or otherwise agreed, each party should take reasonable steps to protect confidential information received from the other party and use it only for purposes connected with the relevant engagement.

Separate confidentiality or non-disclosure agreements may be used for projects requiring additional protection.

Warranties and Consumer Rights

We aim to provide our services with reasonable care and skill and in accordance with the agreed project requirements.

Nothing in these Terms is intended to exclude, restrict, or modify any rights or guarantees that cannot legally be excluded under applicable law.

Where Australian Consumer Law applies, applicable consumer guarantees and other statutory rights continue to apply.

Limitation of Liability

To the extent permitted by law, Xenarchs will not be responsible for indirect, incidental, special, or consequential loss arising from the use of our website or services.

Nothing in these Terms excludes liability that cannot legally be excluded or limited.

Any limitation of liability will be subject to applicable law and the specific terms of the relevant project agreement.

Indemnity

Where permitted by law, you agree to take responsibility for claims arising from materials, content, or information you provide to Xenarchs where those materials infringe the rights of another person or are otherwise unlawful.

This provision does not apply to the extent that the relevant loss or claim was caused by Xenarchs' own unlawful conduct, negligence, or other circumstances for which we are legally responsible.

External Links

Our website may contain links to third-party websites, platforms, or services.

These links are provided for convenience and do not necessarily represent an endorsement by Xenarchs.

We are not responsible for the content, availability, security, or terms of third-party websites.

Changes to These Terms

We may update these Terms from time to time to reflect changes to our website, services, business operations, or legal requirements.

When we make changes, we will update the “Last updated” date at the top of this page.

Updated Terms will apply from the date they are published, except where a different arrangement is required by law or an existing agreement.

Governing Law

These Terms are governed by the laws applicable in the jurisdiction in which Xenarchs operates, unless otherwise agreed in a specific project contract.

Any dispute will be handled in accordance with applicable laws and the appropriate courts or dispute resolution processes.

Contact Us

If you have questions about these Terms, our services, or a project agreement, please contact us: