Website Development
Terms & Conditions

These Terms come into effect when you confirm acceptance of the Scope of Work in writing (including by email), or upon payment of the deposit, whichever occurs first.

An email reply from you confirming agreement with the Scope of Work constitutes a legally binding acceptance of these Terms under the Electronic Transactions Act 1999 (Cth).

Any changes to the agreed Scope of Work must be agreed in writing by both parties before work on those changes commences.

We reserve the right to decline any project or request at our discretion without liability.

All services are governed by the Scope of Work issued prior to commencement. The Scope of Work sets out the agreed deliverables, inclusions, exclusions, fees, and timeline.

Anything not explicitly listed in the Scope of Work as included is excluded. We will not be required to deliver any item, feature, or functionality not specified in the Scope of Work without a separate written agreement.

If you request work that falls outside the Scope of Work, we will provide a written quote for that additional work before proceeding. No Out-of-Scope Work will commence without your written approval.

Out-of-Scope Work is charged at $100 + GST per hour unless otherwise agreed in writing.

All fees are stated in Australian Dollars (AUD) and are exclusive of GST unless stated otherwise.

GST of 10% is applicable to all services and will be itemised on tax invoices.

A deposit of 50% of the total project fee is due prior to commencement. Work will not begin until the deposit is received.

The remaining balance (50%) is due on final go-live approval, prior to the website being transferred to your account.

Payment terms are 7 days from invoice date unless otherwise stated on the invoice.

Invoices not paid by the due date may attract interest at the rate of 1.5% per month on the outstanding balance.

We reserve the right to suspend or withhold delivery of work if any invoice remains unpaid beyond 14 days of the due date.

All fees for third-party services — including but not limited to platform subscriptions, premium themes, app subscriptions, and advertising spend — are the sole responsibility of the client and are not included in our fees unless explicitly stated in the Scope of Work.

Refunds will not be provided for work already completed at the time of cancellation.

You are responsible for supplying all Client Content required for the project in a timely manner, including but not limited to: product images, brand assets, logo files, page copy, product descriptions, pricing information, and any third-party account credentials.

All Client Content must be supplied in the formats requested and to the quality standards required for web use. We are not responsible for quality issues caused by low-resolution or incorrectly formatted Client Content.

You warrant that all Client Content supplied to us is owned by you or that you have the right to use it, and that its use by us in connection with the project does not infringe any third-party rights.

You must provide timely feedback and approvals at each stage of the project. Delays caused by late responses, late supply of Client Content, or delayed approvals will extend the project timeline. We are not liable for delays caused by your failure to respond or supply materials within a reasonable timeframe.

You must designate a single point of contact for the project who has authority to approve deliverables and make decisions on your behalf.

You are responsible for reviewing all deliverables carefully before approving them. Approval of a deliverable constitutes acceptance that it meets the agreed requirements.

Estimated project timelines are provided in good faith and are indicative only. They are based on the assumption that all Client Content and approvals are received promptly.

The project timeline begins from the Commencement Date, being the date the deposit is received and written agreement is confirmed.

We are not liable for delays caused by: late supply of Client Content; delayed client approvals; third-party service outages; events outside our reasonable control; or scope changes requested by you.

If the project is delayed by more than 30 days due to your failure to supply required materials or approvals, we reserve the right to pause the project and require re-engagement, which may incur additional fees.

The number of revision rounds included is specified in the Scope of Work. Unless otherwise stated, the standard inclusions are:

A Revision Round means one consolidated list of change requests submitted at one time. Drip-fed or incremental change requests submitted across multiple messages do not constitute a single Revision Round and may be treated as multiple rounds or Out-of-Scope Work.

Revision requests must be submitted in writing within 5 business days of receiving the deliverable for review. Failure to respond within this timeframe will be treated as approval.

Changes that fall outside the agreed Scope of Work, or that materially alter the agreed design direction, will be treated as Out-of-Scope Work and quoted separately.

Additional revision rounds beyond those included in the Scope of Work are available at $100 + GST per hour.

Upon receipt of full payment, all deliverables produced by us specifically for your project are assigned to you. This includes website content, page designs, and custom code developed as part of the agreed Scope of Work.

You retain full ownership of all Client Content you supply to us.

We retain ownership of all pre-existing tools, frameworks, code libraries, processes, methods, and templates used in the delivery of the project. Nothing in this Agreement transfers ownership of our pre-existing intellectual property to you.

We retain the right to display the completed project in our portfolio, case studies, and marketing materials unless you request otherwise in writing prior to project commencement.

Third-party themes, plugins, apps, and software remain subject to their respective licences. We do not transfer or warrant any third-party intellectual property rights.

If payment is not received in full, we reserve the right to withhold transfer of deliverables until all outstanding invoices are paid.

Where a project is built on a third-party platform (such as Shopify, WordPress, or similar), you acknowledge that the platform is subject to its own terms of service and that we are not liable for any changes made by the platform provider that affect the website.

Where we use a Partner account to build your store or site, the store will be transferred to your own account upon go-live. You are responsible for activating and maintaining your own platform subscription from the date of transfer.

Third-party apps, plugins, and integrations are subject to their own subscription fees, terms, and availability. We do not guarantee the ongoing performance, availability, or pricing of any third-party app or service.

We will notify you of any third-party costs before any purchase is made. No third-party purchase will be made on your behalf without your explicit approval.

We are not responsible for outages, data loss, or functionality issues caused by third-party platforms or apps.

Each party agrees to keep confidential any non-public information received from the other party in connection with the project.

We will not disclose your business information, pricing, or project details to third parties without your consent, except where required by law.

You agree not to disclose our pricing, methods, or proprietary processes to third parties without our consent.

Confidentiality obligations do not apply to information that is publicly available, independently developed, or required to be disclosed by law or a regulatory authority.

We warrant that services will be delivered with reasonable care and skill in accordance with the agreed Scope of Work.

We do not warrant that the website will be error-free, uninterrupted, or free from security vulnerabilities after the 30-day post-launch support period.

We do not warrant any specific outcomes including but not limited to: search engine rankings, website traffic, conversion rates, sales, or revenue.

You warrant that all Client Content is accurate, lawful, and does not infringe any third-party rights.

You warrant that you have the authority to enter into this Agreement and to approve the deliverables on behalf of your business or organisation.

To the maximum extent permitted by law, our total liability to you under or in connection with this Agreement is limited to the total fees paid by you for the relevant project.

We are not liable for any indirect, consequential, special, incidental, or punitive loss or damage, including but not limited to: loss of revenue, loss of profit, loss of business, loss of data, or loss of opportunity.

We are not liable for losses arising from: your failure to supply Client Content on time; your failure to provide timely approvals; actions or omissions of third-party platform providers or app developers; or changes made to the website by you or any third party after go-live.

Nothing in these Terms limits liability for fraud, gross negligence, or any other liability that cannot be excluded by law.

Unless otherwise agreed in the Scope of Work, we will provide 30 days of complimentary bug fixing from the Go-Live Date. This covers technical faults directly attributable to our original build work.

The following are not covered under post-launch support and will be charged at $100 + GST per hour:

After the 30-day support period, ongoing support and maintenance can be arranged under a separate agreement.

Either party may terminate this Agreement by providing written notice to the other party.

If you cancel the project after the deposit is paid but before completion:

We reserve the right to terminate this Agreement immediately if:

On termination, all deliverables completed and paid for to that date will be provided to you. Incomplete deliverables remain our property until paid for in full.

If a dispute arises in connection with this Agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation.

If the dispute is not resolved within 14 days of written notice of the dispute being given, either party may refer the matter to mediation through a mutually agreed mediator.

If mediation is unsuccessful, either party may pursue the matter through the courts of Victoria, Australia.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief from a court of competent jurisdiction.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

We collect and use your personal and business information solely for the purpose of delivering services to you and communicating about your project.

We will not sell, rent, or share your personal information with third parties except where required to deliver the project or required by law.

Governing Law: This Agreement is governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.

Entire Agreement: These Terms, together with the Scope of Work and any written correspondence confirming the engagement, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.

Amendments: These Terms may only be amended by written agreement signed by both parties.

Waiver: Failure by either party to enforce any term of this Agreement does not constitute a waiver of that term.

Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue in full force.

Force Majeure: Neither party is liable for delays or failures caused by events outside their reasonable control, including but not limited to natural disasters, pandemics, government actions, or third-party platform outages.

Relationship: Nothing in this Agreement creates an employment, partnership, or joint venture relationship between the parties. We are an independent contractor.

Notices: All notices under this Agreement must be in writing and may be delivered by email to the addresses specified in the Scope of Work. Email notices are deemed received on the next business day after sending.