Terms and Conditions


These terms and conditions make up a legally binding agreement (the Agreement) between On Home Ground ABN 74 619 642 009 (referred to in these terms as “Us”, “We” and “Our”) and you. This Agreement may be accepted by making payment for or accessing our Online Packages. If you have any questions about this Agreement please contact hello@onhomeground.com.au before making payment. THE PARTIES AGREE as follows:

  1. Delivery of the Online Packages
    1. The Online Packages may include 1 on 1 sessions completed over audio visual link. Any physical products included in an Online Package will be posted to you at the address specified at checkout.
    2. You will need to actively participate in the Online Packages to receive its full benefit.
  2. Payment, Price and Refunds
    1. Concept Design Package
      1. Payment of this package will be made as follows:
        1. 25% of the Price when purchasing through our website;
        2. 40% of the Price, 4 weeks after purchase; and
        3. 35% of the Price, 8 weeks after the purchase.
      2. You acknowledge and agree that the initial payment of 25% is not refundable if you change your mind after purchase.
      3. You can cancel this package by giving us 7 days’ notice in writing. After receiving your cancellation request, we will stop work and send you an invoice for all work completed to the date of your cancellation notice.
    2. Project Planning Package
      1. Full payment of this package is to be made at the time of purchasing through our website.
      2. You acknowledge and agree that there are no refunds for change of mind.
    3. If you decide to work with us within 3 months after the Online Packages have been completed, the price paid for the Online Packages will be credited to future design work.
  3. Provision of Information and Assistance
    1. You agree to provide us with all necessary cooperation to get the benefit of the Online Packages.
    2. You acknowledge that our ability to provide the Services is dependent on Us having access to (and continuing to receive) complete, accurate, up to date and timely documentation and information.
    3. You agree that if any documentation or information supplied to us is incomplete, inaccurate or is unreasonably delayed, we will not be responsible for any delays or liability arising as a result and will be entitled to charge you in respect of any resulting additional work at an hourly rate of $120 plus GST per hour or such other fee as agreed between the parties.
  4. Limitation of Liability
    1. Our aggregate liability to you for any Loss arising out of or in connection with:
      1. any act, error, negligence, misrepresentation or omission concerning or arising out of all of the Online Packages (including any pre contractual statement, representation or warranty as to the quality or fitness for its purpose of the Online Packages or as to our ability to deliver the Online Packages); and
      2. any breach of the Agreement or breach of duty of any kind owed in connection with the provision of the Online Packages is limited to and will not in any circumstances exceed the Price.
    2. We will not be liable for any loss of profit, revenues, anticipated savings, business or investment opportunities, internal management costs or any other indirect or consequential loss. For the avoidance of doubt, multiple claims arising out of (or based on) the same act, error or omission, or series of continuous, or repeated acts, errors or omissions will be considered a single loss.
    3. Nothing in this Agreement is intended to exclude or restrict any liability that cannot be excluded or restricted by law.
  5. Confidentiality
    1. During delivery of the Online Packages you may receive Confidential Information which is provided by Us and you must not deal with Our Confidential Information in any way that might prejudice its confidentiality.
    2. Your obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by Us.
    3. At the end of the Online Packages, or when earlier directed by Us:
      1. all Confidential Information must be returned to Us, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that you make; and
      2. you must erase and destroy any copies of any software containing or comprising the Confidential Information in your possession or under your control or that may have been loaded onto a computer possessed or controlled by you.
    4. The Confidential Information does not include information which:
      1. is generally available in the public domain otherwise than as a result of a breach of this clause by you; or
      2. was known by you prior to Us disclosing the information to you.
      3. You agree to indemnify Us fully against all liabilities, costs and expenses which We may incur as a direct result of any breach of this clause by you.
      4. You acknowledge that damages may be an inadequate remedy for breach of this clause and that the We may obtain injunctive relief against you for any breach of this clause.
      5. The obligations accepted by you under this clause survive termination or expiry of this Agreement.
  6. Intellectual Property
    1. You acknowledge that we will own all Intellectual Property Rights existing in the Online Packages. To the extent that any Intellectual Property Rights in respect of the Online Packages vests in you, you agree to assign all such Intellectual Property Rights to us with such assignment effective immediately upon the relevant Intellectual Property Rights vesting in you.
    2. Any pre-existing Intellectual Property Rights owned by Us before the commencement of this Agreement, will remain vested in Us.
    3. Any pre-existing Intellectual Property Rights owned by you before the commencement of this Agreement, will remain vested in you.
    4. We agree to grant you a non-exclusive, non-transferable, royalty free licence to use and reproduce the Intellectual Property Rights subsisting in the Online Packages for the sole purpose of ensuring that you obtain the benefit of the Online Packages. Under this licence you are not permitted to:
      1. sub-licence, transfer, loan or resell the Online Packages;
      2. give away the Online Packages for free; or
      3. claim the Online Packages as your own work.
    5. The obligations accepted by you under this clause survive termination or expiry of this Agreement.
  7. Force majeure
    1. We do not have any liability under or may be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond Our reasonable control.
    2. If We are affected by these circumstances we will promptly notify you when such circumstances cause a delay or failure in performance and when they cease to do so.
  8. Termination
    1. We may terminate this Agreement by notice in writing to you, if you:
      1. fail to observe any term of this Agreement; or
      2. fail to rectify a breach, to Our satisfaction following the expiration of 7 days’ notice of the breach being given in writing to you.
    2. Notwithstanding any other provision of this Agreement, We may terminate this Agreement for any reason by providing you with 2 days’ notice.
  9. Applicable Law
    1. The parties expressly agree that this Agreement will be governed by and interpreted in accordance with the laws of the State of New South Wales.
  10. Your Warranties
    1. You warrant that:
      1. you are not executing this Agreement as a result of or by reason of or in reliance upon any promise, representation, statement or information of any kind whatever given or offered to you by Us whether in answer to an enquiry or otherwise; and
      2. Prior to the Start Date, you have made your own independent enquiries and satisfied yourself as to the fitness for purpose of the Online Packages and, to the extent permitted by law, We make no warranty, promise or representation in relation to the Online Packages, either expressly or impliedly and any warranties, terms and conditions in relation to the fitness of the Online Packages for any purpose, whether implied by use, statute or otherwise is, to the extent permitted by law, hereby excluded.
  11. Definitions

    In these terms and conditions, the following terms have the meanings indicated:

    1. You warrant that:
      1. Confidential Information includes any information marked as confidential and any information received or developed by a party, which is not publicly available and relates to processes, equipment and techniques used by the disclosing party in the course of the disclosing party’s business. This includes all information, data, drawings, specifications, documentation, source or object code, designs, construction, workings, functions, features and performance notes, techniques, concepts not reduced to material form, agreements with third parties, schematics and proposals and intentions, technical data and marketing information such as customer lists, financial information and business plans.
      2. Intellectual Property Rights means copyright, trademark, design, patent, semiconductor or circuit layout rights and any other rights whether or not they are registered or registrable, relevant to, among other things, the textual, graphical, audio and other information, content, data or material used by Us in respect to this Agreement.
      3. Loss means any and all loss (including pure financial loss), injury, liability, damage, compensation, claim, demand, expense, interest or cost, including reasonable legal fees, whether arising in tor, contract or otherwise (including costs awarded or incurred) of any kind.
      4. Online Packages means any products or packages for services whether digital or physical that are available for purchase online at our website and includes all drawings, reports, designs and file notes prepared by Us as part of your Online Package.
      5. Price means the advertised price for the Online Packages shown on our website.