01 Quotes and Project Scope
Each project will have an agreed scope describing the website, features, services and other work included in the quoted price.
Unless otherwise stated, a quote includes only the work reasonably described or agreed upon for that project.
Small adjustments and reasonable revisions may be included during development. Significant changes, redesigns, additional pages, new functionality or other work outside the original scope may require an additional fee.
The Developer will inform the Client where reasonably possible before undertaking work that would result in an additional charge.
02 Pricing and Payment
All prices are in Australian dollars (AUD) unless otherwise stated.
The amount and payment schedule for each project will be specified in the applicable quote, invoice or written agreement.
Invoices must be paid by the due date shown on the invoice.
Unless otherwise agreed, the Developer may pause work, withhold final delivery, or delay transfer of a completed website while an invoice relating to that project remains unpaid.
For future projects, the Developer may require a deposit before work begins. Any required deposit will be disclosed before the Client agrees to proceed.
03 Additional Costs
Unless specifically included in the quote, the Client is responsible for third-party costs associated with operating the website.
These may include:
- Domain registration and renewal
- Website or cloud hosting
- Firebase or Google Cloud usage
- Payment-processing fees
- Email services
- Third-party APIs
- Premium fonts, images, plugins or software
- Other external services requested by the Client
The Developer will endeavour to disclose known recurring costs before implementing a paid third-party service.
Third-party pricing may change independently of the Developer.
04 Payment Processing and Transaction Fees
Where a website accepts online payments, transactions may be processed by a third-party payment provider such as Stripe.
The payment provider may charge transaction, currency conversion, dispute, refund or other fees. Unless explicitly included in the project's quote, these charges are the Client's responsibility.
The Developer does not control the payment provider's pricing, policies or availability.
05 Client Responsibilities
The Client is responsible for providing information and materials reasonably required to complete the project, including where applicable:
- Business information
- Product information and pricing
- Text
- Photographs
- Logos and branding
- Contact information
- Account access
- Approvals and feedback
The Client is responsible for ensuring that information supplied to the Developer is accurate and that the Client has permission to use any supplied text, photographs, logos, trademarks, videos or other materials.
Delays in receiving required information or approval may delay completion of the project.
06 Revisions and Changes
The Developer will make reasonable revisions necessary to deliver the agreed project.
A revision modifies work within the existing scope.
A request may be treated as additional work where it substantially changes the agreed design, functionality, structure or requirements of the project.
Examples may include adding an online store to a site originally quoted without one, creating a new account system, substantially redesigning an approved website, or adding a significant new integration.
Any additional charge will be discussed with the Client before that additional work is undertaken where reasonably possible.
07 Project Timelines
Any completion date or timeframe provided by the Developer is an estimate unless explicitly agreed otherwise.
Timelines may be affected by revisions, Client response times, third-party services, technical problems, changes in scope or circumstances outside the Developer's reasonable control.
The Developer will make reasonable efforts to communicate significant delays.
08 Cancellation
Either party may request cancellation of a project.
If a project is cancelled after work has begun, the Developer may charge a reasonable amount for work already completed and any non-refundable costs already incurred specifically for the project.
Where an upfront payment or deposit has been made, any refund will take into account work already completed and unavoidable costs.
Any rights that cannot lawfully be excluded under Australian law remain unaffected.
09 Website Ownership
Unless otherwise agreed, after all amounts due for the project have been paid, the Client may use the final custom website and project-specific deliverables for their intended business or organisational purposes.
The Developer retains ownership of pre-existing tools, libraries, techniques, templates, development utilities and reusable code that were not created exclusively for the Client.
The Developer may use general knowledge, techniques and non-confidential reusable components developed while completing a project in other work.
Third-party software remains subject to its own licence terms.
10 Source Code and Portability
Where a website is custom-coded, the Developer will not intentionally prevent the Client from moving the website to another developer or compatible service.
Some functionality may depend on third-party platforms such as Firebase, Stripe or other providers and may require modification or redevelopment if the Client chooses to migrate away from those services.
The Developer does not guarantee that a website can be moved between fundamentally different platforms without additional development work.
11 Development Tools and Artificial Intelligence
The Developer may use development tools, frameworks, code-assistance software and artificial-intelligence tools as part of the development process.
The use of such tools does not change the Developer's responsibility for reviewing, integrating and delivering the final work.
The Client is purchasing the resulting development service and deliverables rather than a particular method of writing the underlying code, unless a particular development method has been explicitly agreed upon.
12 Third-Party Services
Websites may rely on services operated by third parties, including Firebase, Google Cloud, Stripe, domain registrars, analytics providers and email providers.
The Developer is not responsible for outages, service discontinuation, account restrictions, pricing changes, security incidents or policy changes caused by a third-party provider and outside the Developer's reasonable control.
Where practical, the Developer will assist the Client with resolving integration problems involving services configured as part of the project. Additional work may be chargeable depending on the circumstances.
13 Hosting and Domains
Where the Developer assists with hosting or domain configuration, ownership and renewal arrangements will be explained to the Client.
Unless explicitly included as an ongoing service, the Client remains responsible for future domain renewals and recurring hosting or infrastructure charges.
Failure to pay a third-party domain or hosting provider may cause a website or associated service to become unavailable.
14 Security
The Developer will take reasonable steps appropriate to the project to implement secure development practices and appropriately configure supported authentication, database and backend functionality.
However, no website, software system or internet service can be guaranteed to be completely secure.
The Developer does not guarantee that a website will never experience vulnerabilities, unauthorised access, malicious traffic, third-party security incidents or newly discovered software vulnerabilities.
Security issues caused by the Developer's implementation should be reported promptly so they can be investigated.
15 Client Accounts and Credentials
The Client is responsible for protecting passwords, recovery methods, API credentials and administrative accounts provided to or created for the Client.
Administrative access should only be provided to trusted people.
The Developer is not responsible for unauthorised changes resulting from compromised Client credentials where the compromise was not caused by the Developer.
16 E-Commerce Websites
For websites involving products or online sales, the Client remains responsible for its business operations, including:
- Products and product descriptions
- Prices
- Inventory
- Order fulfilment
- Shipping
- Refunds and returns
- Customer service
- Applicable taxes
- Representations made to customers
- Compliance with applicable consumer and business laws
The Developer provides the website and associated technical implementation and does not become the seller of the Client's products.
17 Privacy and Legal Content
The Client is responsible for determining the legal notices, policies and disclosures required for its business and website, including privacy policies, refund policies, terms of sale and marketing consent requirements.
The Developer may technically implement pages, consent controls or other features requested by the Client but does not provide legal advice merely by doing so.
18 Analytics
Where analytics are provided, reported figures may depend on third-party analytics services, browser behaviour, privacy controls, ad blockers, consent settings and technical limitations.
Analytics figures therefore may not represent every website visit or action with complete accuracy.
19 Testing and Browser Compatibility
The Developer will make reasonable efforts to ensure that the website functions correctly on modern commonly used browsers and appropriately sized devices.
Identical appearance or functionality across every browser, operating system, device or legacy browser version is not guaranteed.
20 Bugs and Post-Launch Support
The Developer will make reasonable efforts to correct genuine defects in the delivered website that cause agreed functionality not to operate as intended.
A bug fix is different from a feature request, redesign or change in requirements.
Unless otherwise agreed, ongoing modifications, content updates, maintenance and new features after delivery may be quoted separately.
21 Backups and Data
Where practical, appropriate backup or recovery features may be configured as part of the project's infrastructure.
Unless an ongoing backup or maintenance service has specifically been agreed upon, the Developer does not guarantee indefinite retention or recovery of website data.
Clients should maintain appropriate copies of important business information and original content.
22 Portfolio and Attribution
Unless the Client requests otherwise, the Developer may identify a completed publicly available project as work they have created and may display the Client's name, website address and screenshots of the public website in a portfolio or similar description of previous work.
Private Client information, administrative interfaces containing private data, customer information and confidential materials will not be intentionally published for portfolio purposes.
The Client may request that their project not be used for promotional purposes.
23 Confidential Information
Information clearly provided to the Developer in confidence will not be intentionally disclosed to unrelated third parties except where required to provide the agreed service, authorised by the Client, or required by law.
This does not apply to information that is already publicly available through no breach of these terms.
24 Limitation of Responsibility
The Developer will use reasonable care in providing the agreed services.
To the extent permitted by law, the Developer is not responsible for indirect or consequential losses arising from circumstances outside the Developer's reasonable control, including third-party outages, internet failures, external service changes or Client modifications.
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot legally be excluded under the Australian Consumer Law or other applicable law.
25 Changes to These Terms
These terms may be updated for future projects.
Changes will not retrospectively alter the agreed terms of an existing project unless both the Client and Developer agree to the change.
The version applying to a project is generally the version provided or made available when the Client agrees to that project.
26 Governing Law
These terms are governed by the laws applicable in Victoria, Australia, subject to any applicable law that requires otherwise.
27 Contact
Questions regarding a project, invoice or these terms can be sent to:
Built by Matthew / Matthew AndersonEmail: matthew@andomail.com