Please read this Agreement carefully before accepting your proposal.

By selecting your preferred service package, confirming your acceptance through the designated checkbox and submitting the proposal acceptance form, you agree to be bound by the terms and conditions outlined in this Agreement, subject to confirmation of acceptance by the Designer.

You are encouraged to review these terms carefully and seek independent advice if anything is unclear.

If you wish to discuss or negotiate any provision of this Agreement, please contact Elle Harrison Design before accepting your proposal.

My goal is to deliver a beautiful product aligned with your brand and services. Should any issues arise, I welcome constructive feedback. Please contact info@elleharrison.design to discuss.

The Client's identifying details, selected service package, agreed project scope, total project fee and date of acceptance will be recorded electronically through the proposal acceptance process and form part of this Agreement.

In this Agreement, headings are for convenience only and do not affect interpretation. Unless the context requires otherwise:

• A party includes that party's legal personal representatives, successors, directors, officers, employees, agents, and related bodies corporate.
• Words in the singular include the plural and vice versa.
• A reference to a clause, party, attachment, annexure, or schedule is a reference to a clause of, and a party, attachment, annexure, and schedule to, this Agreement.
• A reference to this Agreement includes any attachment, annexure, or schedule.
• A reference to a right includes a remedy, power, authority, discretion, or benefit.
• A reference to a person includes a body corporate, an incorporated association, an unincorporated body, or other entity and vice versa.
• A reference to an agreement or document is to the agreement or document as amended, varied, supplemented, novated, or replaced from time to time, except to the extent prohibited by this Agreement.
• A promise or agreement by two or more persons binds each person individually and all of them jointly.
• A reference to legislation or to a provision of legislation includes a modification, re-enactment, or legislative provision substituted for it and regulations or statutory instruments issued under it.
• A reference to conduct includes, but is not limited to, an omission, statement, or undertaking, whether or not in writing.
• A reference to an agreement includes any undertaking, deed, agreement, and legally enforceable arrangement whether or not in writing.
• A reference to a document includes an agreement in writing, and any certificate, notice, instrument, or document of any kind, and also includes all electronic, magnetic, photographic, and other mediums by which information may be stored or reproduced.

The services provided under this Agreement will be determined by the service package selected by the Client within the associated Project Proposal.

Where the Designer presents multiple service packages or project options, the Client must select one package when accepting the proposal. Only the selected package, including its specified deliverables, inclusions, exclusions, project fees and any expressly agreed additional services, will form part of the agreed scope of work. Packages or services presented within the proposal but not selected by the Client are excluded from this Agreement.

Any subsequent changes or additions to the agreed scope of work must be approved by both parties in writing and may incur additional fees.

The associated Project Proposal forms part of this Agreement and specifies the services, deliverables, fees and project arrangements applicable to the Client's selected package. Where the Project Proposal expressly specifies package-specific inclusions, exclusions, revision allowances or deliverables, those specifications will apply to the selected package.

If the Project Proposal and this Agreement contain conflicting provisions concerning payment obligations, cancellation, intellectual property, liability or other legal terms, the parties must resolve the inconsistency in writing.

The Website Platform used for the project will be specified in the accepted Project Proposal or via written email prior to the deign build start date. Elle Harrison Design provides website design and development services using Squarespace, WordPress and Alvéya.

The Client acknowledges that each platform has different functionality, technical requirements, subscription costs, ownership arrangements and maintenance responsibilities. Only the features, integrations and services expressly included in the Client's selected package or agreed scope of work will be provided.

The inclusion of Alvéya as an available Website Platform does not automatically include access to all Alvéya features or services. Any request to change the Website Platform after project commencement will be considered a change in scope and may incur additional fees.

• Design strategy call
• Domain setup and connection
• Mobile, tablet, and desktop responsive design
• Backend setup
• Video tutorials
• Website copywriting templates
• Checklist for gathering materials

1. Pre-Design
2. Start Date
3. First Draft Design
4. Client Feedback Round 1
5. Rework
6. Client Feedback Round 2 (as included in the Selected Package)
7. Rework
8. Handover
9. Finalisation

• Fully functional website transferred upon final payment
• Tutorial videos
• Handover confirmation by email

The total project fee will be specified in the accepted Project Proposal and will be payable in four (4) equal instalments, representing 25% of the total project fee per instalment.

Each invoice must be paid within seven (7) days of its issue date, unless otherwise agreed in writing. Late payments beyond 2 business days without prior written agreement may result in project suspension and attract a daily late fee of $10.00 plus GST.

Where a scheduled monthly invoice date does not occur in a particular month (for example, where the initial invoice is dated on the 31st), the invoice will be issued on the last calendar day of that month.

The payment schedule operates independently of project milestones or progress, subject to applicable law and any written variation agreed between the parties.

The project booking and allocation of the Design Start Date will not be confirmed until the initial deposit has been received.

Ownership and administrative control of the completed website will not be transferred until full payment of all amounts properly due under this Agreement has been received, subject to the intellectual property provisions of this Agreement.

Payment by electronic funds transfer (direct bank transfer) is preferred. The Designer's nominated bank account details will be provided on each invoice. The Client agrees to use the invoice number as the payment reference wherever reasonably practicable.

Alternative payment methods, including credit or debit card payments, may be made available at the Designer's discretion.

Payment is considered received when cleared funds are credited to the Designer's nominated account.

Invoices are generated and issued through our project managment system on alveya.io or Xero accounting software.

The Client is responsible for payment of all third-party costs, including but not limited to:

• Squarespace subscriptions
• WordPress hosting
• Premium WordPress plugins and licences
• Alvéya subscription fees
• Alvéya usage-based charges
• Domain registration and renewal
• Google Workspace and other email services
• Third-party integrations
• Payment processing charges where applicable and lawfully disclosed
• Licensed fonts, stock images and premium assets
• Other third-party software required for the project
• Video hosting (e.g., Vimeo)
• Legal website documents (e.g., Terms & Conditions, Privacy Policies)

Where the Client's website is developed using Alvéya, the website design and development fees are separate from any ongoing Alvéya subscription fees, unless otherwise expressly stated in the accepted Project Proposal. The Client's ongoing use of Alvéya will be subject to the applicable Alvéya subscription terms and conditions.

The Client is responsible for ongoing Website Platform subscriptions, hosting charges, software licences, usage-based fees and other third-party expenses unless expressly included in the accepted Project Proposal. The Client acknowledges that continued website hosting, access and functionality may depend on maintaining an active subscription to the applicable Website Platform.

If any invoice remains unpaid, the Client agrees to pay all costs incurred by the Designer in recovering outstanding amounts, including collection agency fees and legal costs on a full indemnity basis.

The Client acknowledges and agrees that the four-part monthly payment plan will continue according to the original scheduled invoice dates, regardless of any rescheduling or delays initiated by the Client.

If the Client requests to reschedule the Design Start Date, all invoices will continue to be issued as originally scheduled. Rescheduling does not alter or pause the Designer's entitlement to issue invoices.

If rescheduling causes the Design Start Date to occur more than 21 days after the originally scheduled Start Date, the Client agrees that they cannot rely on the "greater than 21 days" cancellation provision to claim any refund. The Cancellation and Rescheduling Policy will continue to apply based on the originally agreed Start Date.

All payments made under the payment plan are non-refundable except as expressly provided in this Agreement.

If the Client fails to reschedule or provide required materials within six (6) months of the original Start Date, the project will be deemed abandoned. No further work will be undertaken unless a new agreement is entered into and new fees are paid.

This Agreement becomes binding when the Client electronically accepts the Project Proposal and Client Service Agreement through the designated proposal acceptance process and the Designer confirms acceptance of the project.

The Client's project booking and allocation of a Design Start Date are conditional upon receipt of the initial 25% deposit. The Designer is not required to commence project work until the deposit has been received and the Client has fulfilled the applicable pre-design requirements.

The anticipated project completion timeframe will be determined by the agreed project schedule and the Client's timely provision of all required materials and feedback.

The Designer may request a 14-day extension; the Client may approve or deny.

• Desktop/mobile responsiveness
• Button and link functionality
• Excludes full testing of e-commerce payment gateways

Significant changes (e.g., structure, logo, major text updates) incur additional fees. The Designer may approve or reject out-of-scope change requests.

• Feedback is provided via the Markup platform within the timeframe specified by the selected package.
• Revisions are limited strictly to the design of the website based on the finalised content supplied prior to commencement.
• Copywriting changes are not included in the revision rounds. Copy must be finalised before the agreed Design Start Date.
• Any substantial copy changes after the commencement of the design work will be charged at $160.00 per hour plus GST.

A completion email will be sent. If no response within 14 days, the project will be deemed approved.

The Client must provide all finalised, proofread website copywriting, images, branding materials, a full website design briefing, and any other requested assets no later than 5 business days prior to the agreed Design Start Date.

If the Client fails to provide the required materials by this deadline, the Designer reserves the right to apply the Cancellation and Rescheduling Policy.

The Client acknowledges that missing the Design Start Date due to incomplete content will be treated as a cancellation and may result in forfeiture of the non-refundable deposit or rescheduling fees.

The Designer will not commence design work until all final content is received. Any substantial changes to content after design work has commenced will be charged at $160.00 per hour plus GST.

The Designer is not responsible for project delays caused by the Client's failure to provide required content. If the Client causes unreasonable delays exceeding fourteen (14) days at any stage of the project, the Designer reserves the right to pause the project. A restart fee of $250 plus GST may be charged before the project is resumed and rescheduled into the Designer's next available timeframe.

Booking a project reserves a place in my schedule and prevents me from booking other clients.

If the Client cancels the project, fails to provide required materials by agreed deadlines, or otherwise materially delays the project commencement or progress, the following terms apply:

Any additional payments made beyond these amounts may be refunded within ten (10) business days, less any amounts owed for work performed.

The Client acknowledges that rescheduling the Start Date does not alter or extend these cancellation provisions, which apply based on the originally scheduled Start Date.

The Client must:

• Provide all content, images, branding materials, and platform login details.
• Write and proofread website copy.
• Ensure compliance with relevant consumer laws and regulations.
• Respond promptly within 24 hours.
• Warrant ownership or appropriate licensing of all provided materials.

The Client warrants that all content, images, branding materials, fonts, and other assets provided to the Designer for use in the project are owned by the Client or properly licensed for such use.

The Client indemnifies and holds harmless the Designer against any and all claims, liabilities, damages, losses, and expenses (including legal fees) arising from any breach of intellectual property rights, copyright infringement, or unauthorised use of third-party materials supplied by the Client.

The Designer will:

• Deliver services with professional skill and care.
• Communicate project progress and any unexpected delays.

Elle Harrison Design operates as a design studio. The Client acknowledges and agrees that while Laurelle Harrison will oversee and be responsible for the overall project, aspects of the website design, logo design, project management, and other services may be completed by other qualified team members or contractors engaged by the studio.

All work is completed under the Designer's supervision, and the Designer remains the Client's primary point of contact and responsible for the final quality and completion of the project.

All team members and contractors are bound by confidentiality and professional standards to protect the Client's information and project integrity.

The Client acknowledges that the Designer may use artificial intelligence (AI) tools or services to assist in generating website copy, images, or other content ("AI-Generated Content").

While the Designer endeavours to use reputable AI tools and ensure that AI-Generated Content is relevant and appropriate, the Designer is not responsible for verifying the factual accuracy, completeness, or legal compliance of such content. The Client agrees that it is their sole responsibility to review and confirm the accuracy and suitability of all AI-Generated Content before it is published on the website.

The Designer will conduct a plagiarism check on all AI-Generated Content using reputable plagiarism detection software prior to incorporating it into the Client's website. This process is intended to help ensure the originality of content and reduce the risk of copyright infringement.

Before the finalisation and publication of the website, the Client will be given the opportunity to review all AI-Generated Content. The Client's final written approval will be required before the website goes live, confirming that they accept responsibility for the accuracy, suitability, and compliance of all website content.

The Client agrees to indemnify and hold harmless the Designer from and against any and all claims, losses, liabilities, damages, expenses, or costs (including legal fees) arising out of or related to the use, publication, or reliance on any AI-Generated Content, including claims regarding inaccuracies, intellectual property infringement, or breaches of law.

Both parties agree to comply with applicable Australian privacy legislation, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), to the extent those obligations apply, in respect of any personal information collected, stored, or shared in connection with this Agreement.

The Designer may collect personal information from the Client as reasonably necessary for the purpose of providing services, managing the Client relationship, issuing invoices, recording proposal acceptances, and complying with legal obligations. This includes information collected electronically through the proposal acceptance process, Alvéya, Xero and related business systems.

The Designer will take reasonable steps to protect all personal and confidential information from misuse, interference, loss, unauthorised access, modification, or disclosure.

Confidential or personal information will only be disclosed to third parties (such as assistants, contractors, bookkeepers, or integrated software providers) where necessary to complete the services or manage business operations, and always under strict confidentiality obligations. Information may also be disclosed as required by law.

By entering into this Agreement, the Client consents to the collection, use, and disclosure of their information for the purposes outlined above. The Client may request access to, or correction of, their personal information at any time.

Each party agrees to keep confidential and not disclose to any third party, without prior written consent, any confidential information obtained from the other party in connection with this Agreement, except as necessary to perform their obligations under this Agreement or as required by law.

Confidential information includes, but is not limited to, business plans, strategies, client information, pricing, marketing information, unpublished intellectual property, and other sensitive commercial information.

The Designer may disclose confidential information to administrative contractors (such as assistants or bookkeepers) on a strictly need-to-know basis, provided they are also bound by confidentiality obligations.

Confidentiality obligations will survive termination of this Agreement and remain in effect until such time as the information becomes publicly available through no fault of the receiving party.

Following project handover, the Client is solely responsible for maintaining the security, confidentiality, and integrity of all website logins, passwords, access rights, and data associated with the website or related systems.

The Designer is not responsible for any security breaches, unauthorised access, data loss, or confidentiality breaches occurring after handover.

The Client agrees to implement and maintain appropriate security measures, including strong passwords, two-factor authentication (where available), and regular updates to platforms and software.

The Client indemnifies and holds harmless the Designer from any claims, losses, damages, or expenses arising from the Client's failure to maintain adequate security and confidentiality measures.

The Designer may use a combination of royalty-free and commercially licensed materials in the creation of the website, including but not limited to stock images, graphics, fonts, and other digital assets ("Licensed Materials").

These Licensed Materials are sourced from the Designer's existing libraries and subscriptions and are used under licences held by the Designer. The Designer does not purchase or transfer individual licences for specific assets on behalf of the Client unless otherwise agreed in writing.

The Client is granted the right to use such Licensed Materials as incorporated within the website as delivered by the Designer. This right is limited to use within the original website build and does not extend to extraction, reuse, reproduction, distribution, or use outside of the website as originally delivered.

If the Client engages a third party to modify, migrate, rebuild, or otherwise reproduce the website, the Client acknowledges that any Licensed Materials used in the original design may no longer be valid for use and must be replaced with appropriately licensed alternatives.

The Designer is not responsible for any misuse, unauthorised reuse, or licence breaches of third-party materials by the Client or any third party engaged by the Client.

Elle Harrison Design retains ownership of its original creative work, including copyright in original website layouts, visual compositions, graphics, custom design elements and other protectable design materials created as part of the project. This does not include the Client's existing intellectual property, third-party materials or elements that are not protected by intellectual property law.

Upon receipt of full payment, ownership and administrative control of the website (including the website account, domain connection, and website files) is transferred to the Client. This transfer of ownership does not include the transfer of copyright or intellectual property rights in the website design. The Client acknowledges that while they own and control the website as a digital asset, the original creative elements of the website design remain the intellectual property of the Designer and are licensed, not sold.

Upon receipt of full payment, the Client is granted a perpetual, non-exclusive licence to use the completed website design for the website and business identified in the accepted Project Proposal. This licence permits the Client to operate, maintain, modify, update and administer the website in the ordinary course of business. The licence does not permit the Client to commercially reproduce, redistribute, sublicense or sell the Designer's protected creative work for use in unrelated websites or projects.

Without prior written permission from Elle Harrison Design, the Client must not:

1. Duplicate substantial protected elements of the website design for use by another business.
2. Reproduce the Designer's protected creative work for unrelated commercial projects.
3. Sell, distribute or sublicense the website design as a reusable template or design product.
4. Supply original design files or protected design assets to third parties for unauthorised commercial reproduction.
5. Represent the Designer's original creative work as their own or another designer's work.

These restrictions apply only to intellectual property owned by Elle Harrison Design and do not restrict the Client's lawful use of their own materials.

The Client may engage another website developer to maintain, update, administer, repair or modify their existing website. Routine maintenance, content updates, technical repairs and reasonable modifications to the existing website do not require additional permission from Elle Harrison Design.

The Client may also migrate or rebuild their existing business website on another platform, including reasonably reproducing the design for the purpose of continuing to operate that same website and business. Such permission does not extend to commercially reproducing the protected design for unrelated businesses, selling the design as a template or distributing the Designer's protected creative work as a standalone product.

Where the Client wishes to commercially reproduce, distribute, sublicense or otherwise exploit the Designer's protected creative work beyond the scope of the agreed licence, the parties may negotiate a separate commercial licence in writing. No additional licence fee applies unless expressly agreed between the parties.

The Client acknowledges that ownership or control of the completed website does not include ownership of the underlying Website Platform, proprietary platform software, infrastructure or third-party intellectual property.

Upon receipt of full payment, the Client will be provided with the applicable website access and administrative permissions available under the selected Website Platform and agreed service arrangement. The ability to export, migrate or transfer a website may be subject to the technical capabilities and applicable licensing conditions of the selected Website Platform.

Where the website is hosted within Alvéya, continued hosting and access to platform functionality may require an active Alvéya subscription. Nothing in this Agreement transfers ownership of Alvéya's proprietary platform software or associated intellectual property to the Client.

The Designer's credit line, "Designed by Elle Harrison Design" (or any future trading name), must be retained in the footer of the website. If the Client wishes to remove or alter this credit, an additional fee will apply.

The Client retains ownership of all original materials they have supplied.

The Designer may display completed projects in their portfolio unless otherwise requested in writing.

The Client is responsible for providing all necessary third-party platform credentials, integrations, and tools required to complete the project, including but not limited to online booking systems, course delivery platforms, and any other third-party software or services.

Technical support, website maintenance, hosting, software updates and platform administration responsibilities may vary depending on the Website Platform selected for the project.

For Squarespace websites, ongoing platform hosting and core software maintenance are generally managed by Squarespace, subject to its applicable subscription terms.

For WordPress websites, ongoing hosting, software updates, plugin maintenance, backups and security responsibilities will depend on the hosting and maintenance arrangements agreed with the Client.

For Alvéya websites, platform hosting and core platform functionality are provided through the Alvéya service, subject to its applicable subscription terms.

Website design updates, content changes, custom integrations, troubleshooting and other professional services provided by Elle Harrison Design are separate from standard platform functionality and may incur additional fees unless expressly included in the Client's package.

After project handover, ongoing technical support is available on request and charged at a rate of $160.00 per hour plus GST.

SEO support and optimisation services are included as specified in the package purchased. Any additional SEO work beyond the package inclusions will be charged at $160.00 per hour plus GST.

The Client is entitled to a 14-day maintenance grace period following project handover. During this period, the Designer will address minor issues such as updating links or making small adjustments that were not captured during the initial build.

After the 14-day grace period, additional maintenance or update requests must be booked in advance, with at least ten (10) business days' notice. Maintenance services will either be quoted based on the scope of work provided or billed at the Designer's standard hourly rate of $160.00 plus GST.

The Designer provides services with due care and skill, but makes no guarantee that the services or deliverables will be error-free, uninterrupted, or meet the Client's particular requirements, unless expressly agreed in writing.

The Designer does not warrant the performance, compatibility, or uptime of third-party platforms, including but not limited to Squarespace, WordPress, Alvéya or any integrated applications, except to the extent required by applicable law.

Nothing in this Agreement excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited.

The Client acknowledges that website functionality, design flexibility, integrations, performance and technical capabilities are subject to the limitations of the selected Website Platform.

Elle Harrison Design provides website design and development services using Squarespace, WordPress and Alvéya. The Designer does not guarantee the ongoing availability, performance, compatibility or uninterrupted operation of third-party software, integrations, hosting providers or external services, except to the extent required by applicable law.

Where a requested feature is not supported by the selected Website Platform, additional development, alternative software or a change in project scope may be required. Custom coding, advanced integrations, platform migration and functionality outside the agreed project scope are excluded unless expressly included in the accepted Project Proposal.

The following costs and services are expressly excluded from the project price unless otherwise agreed in writing:

• Website platform subscriptions (Squarespace, WordPress, Alvéya)
• Website hosting
• Domain registration and renewal
• Premium plugins and licences
• Alvéya subscriptions and usage-based charges
• Paid integrations
• Licensed fonts and stock photography
• Professional email hosting, setup and migration
• Ongoing maintenance beyond included support
• Purchase of stock images, licenced fonts, or premium templates
• Video hosting (e.g., Vimeo)
• Legal website documents (e.g., Terms & Conditions, Privacy Policies)

The Client may accept this Agreement electronically through the designated proposal acceptance form provided by Elle Harrison Design. By selecting their preferred service package, ticking the mandatory agreement acceptance checkbox and submitting the form, the Client confirms that they:

1. Have been provided with access to this Client Service Agreement and the associated Project Proposal.
2. Have had the opportunity to review the terms before submitting their acceptance.
3. Accept the scope of work, deliverables, exclusions, total project fees and payment arrangements applicable to their selected package.
4. Agree to be legally bound by the terms of this Agreement and the associated Project Proposal.
5. Are authorised to enter into this Agreement personally or on behalf of the business identified in the proposal.

The parties agree that electronic acceptance through the designated proposal acceptance process may constitute valid acceptance of this Agreement without the requirement for a handwritten or digital signature, to the extent permitted by applicable Australian law.

The parties intend that an electronically accepted Agreement will have the same contractual effect as an agreement accepted through a traditional signing process.

The Designer may retain electronic records documenting the Client's acceptance, including:

• Client name and business name
• Email address
• Selected service package and total project fee
• Date and time of acceptance
• Version of the Client Service Agreement
• Version or reference of the accepted Project Proposal
• Other relevant technical acceptance information collected through the proposal system

These records may be retained for contract administration, invoicing, dispute resolution and demonstrating acceptance of the Agreement, in accordance with applicable privacy obligations.

Electronic acceptance of the proposal creates the Client's obligation to pay the initial deposit in accordance with the agreed payment terms once acceptance of the project is confirmed by the Designer. Payment of the deposit is a separate step from electronic acceptance.

The Designer will issue the applicable deposit invoice following acceptance of the proposal. The project booking will only be confirmed once the initial deposit has been received.

The Designer may confirm acceptance of the project by issuing the deposit invoice or otherwise providing written confirmation. The Agreement becomes binding upon that confirmation, following the Client's electronic acceptance of the proposal.

Should a Force Majeure event impact the performance of the Services, the parties agree to use their best endeavours to reschedule or otherwise rearrange the performance of the Services.

In the event of any dispute arising under or in connection with this Agreement during the Term, the parties shall first seek to resolve the matter amicably through direct negotiation. Both parties agree to engage in good faith efforts to settle any dispute promptly. If the dispute cannot be resolved within thirty (30) days following the date of a written notice of dispute, either party may propose to enter into alternative dispute resolution (ADR).

ADR may include mediation or arbitration conducted by a neutral and recognised entity, pursuant to its rules and procedures. The parties shall mutually agree upon the choice of ADR method and the governing rules. Any decision or award resulting from such ADR shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own costs in connection with the ADR process, and the parties shall equally share the fees and expenses of the mediator or arbitrator unless otherwise agreed by the parties or as directed by the arbitrator or mediator according to applicable rules.

Except where urgent interim relief is sought from a court, neither party may initiate formal legal proceedings until the ADR process has been concluded.

In no event shall the Designer be liable to the Client or any third party for costs, loss, injury or damage that is not directly attributable to the negligence of Laurelle Harrison or its employed staff.

The Client expressly agrees that if this clause is unenforceable for any reason, the Designer's total cumulative liability for all causes of action of any kind shall not exceed the total amount paid by the Client under this Agreement.

This Client Service Agreement, together with the accepted Project Proposal, the Client's Selected Package and agreed inclusions, and any subsequent written variations agreed between the parties, comprises the whole agreement between the parties concerning the project and replaces any prior agreement, arrangement or understanding regarding this project. This Agreement does not automatically incorporate unrelated marketing materials or website content.

Any variation to this Agreement must be agreed by both parties in writing. Written agreement may include an exchange of emails or other clearly documented electronic communications demonstrating the parties' mutual agreement to the variation. No variation will take effect unless agreed by both parties.

This Agreement, the associated Project Proposal and any agreed variations may be created, accepted, communicated and retained electronically, to the extent permitted by applicable law. Each party may retain an electronic copy of the Agreement and associated records for their reference.

Clauses 3, 4, 9, 11, 12 and 18 are essential terms of this Agreement and survive the termination of the Agreement for any reason.

If any part of this Agreement is held to be void, illegal or unenforceable, it can be removed without affecting the validity, legality or enforceability of any other part.

The validity, interpretation and performance of this Agreement will be governed by the law of Queensland, Australia.