+61 (0) 438 031 384 info@elthamwebdesign.com.au

Terms and Conditions

Eltham Web Design

Last Updated: December 3, 2024

Welcome to Eltham Web Design. These Terms and Conditions govern the provision of web development and related services by Eltham Web Design (“we,” “us,” or “our”) to our clients (“you” or “Client”). By engaging our services, you agree to be bound by these terms. Please read them carefully.

1. Services

Eltham Web Design provides website design, development, maintenance, and related services for small to medium-sized companies and individuals. The specific scope of services, timelines, and deliverables will be outlined in a separate project agreement or proposal (the “Agreement”) signed by both parties. In the absence of a signed Agreement, services will be performed based on our interpretation of documents provided by you and any word-of-mouth instructions. Work undertaken on this basis may not fully meet your expectations, and updates or revisions may be required based on your further instructions, which may incur additional costs as outlined in Section 10.

2. Payment Terms

  • Deposits: A deposit is required to commence work on any project. All deposits are non-refundable unless otherwise agreed in writing by Eltham Web Design.
  • Payment Schedule: Payments shall be made according to the schedule outlined in the Agreement or, if no Agreement is signed, as invoiced based on work completed. Invoices are due within 14 days of issuance unless otherwise specified.
  • Late Payments: Late payments may incur a fee of 1.5% per month on the outstanding balance or the maximum permitted by law, whichever is lower.
  • Additional Costs: Any additional services, changes, or revisions requested beyond the initial scope (including updates required due to misinterpretation of informal instructions) may incur additional fees, to be agreed upon in writing or invoiced accordingly.

3. Client Responsibilities

  • Content Provision: You are responsible for providing all content (text, images, logos, etc.) in a timely manner and in the formats specified by us.
  • Approvals: You agree to review and approve deliverables within the timelines specified in the Agreement or within a reasonable timeframe if no Agreement exists. Delays in providing feedback may affect project timelines.
  • Licenses and Permissions: You warrant that all content provided to us is owned by you or that you have the necessary permissions to use it.
  • Clarity of Instructions: If no formal Agreement is signed, you acknowledge that work will proceed based on our interpretation of provided documents and verbal instructions. You are responsible for ensuring instructions are clear to avoid misunderstandings.

4. Non-Refundable Deposits

All deposits paid to Eltham Web Design are non-refundable. This includes initial deposits to secure project commencement and any subsequent deposits outlined in the Agreement or invoiced for work based on informal instructions. In the event of project cancellation by the Client, the deposit will not be returned but may be applied toward future services at our discretion.

5. Project Termination

  • By Client: If you choose to terminate the project, you must provide written notice. Any non-refundable deposits will not be returned, and you will be liable for payment for all work completed up to the termination date.
  • By Eltham Web Design: We reserve the right to terminate the project if you breach these terms, fail to make payments, or do not provide required content or feedback in a timely manner. In such cases, deposits remain non-refundable, and you will be invoiced for work completed.

6. Intellectual Property

  • Client Content: You retain ownership of all content you provide to us.
  • Website Ownership: Upon full payment of all fees, ownership of the completed website (excluding third-party software or elements) will transfer to you, subject to the terms of the Agreement or the scope of work as interpreted from informal instructions.
  • Our Tools and Code: Any proprietary tools, frameworks, or code developed by Eltham Web Design remain our property and are licensed to you for use solely within the delivered website.

7. Confidentiality

We agree to keep all sensitive information provided by you confidential, except as required by law or with your explicit consent. You agree to keep any proprietary processes or methods shared by Eltham Web Design confidential.

8. Warranties and Disclaimers

  • Our Warranty: We warrant that our services will be performed in a professional manner consistent with industry standards. Websites will be tested for functionality across major browsers at the time of delivery.
  • No Other Warranties: To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. If no formal Agreement is signed, we are not liable for discrepancies arising from misinterpretation of informal instructions.
  • Third-Party Services: We are not responsible for the performance or availability of third-party services (e.g., hosting providers, payment gateways) integrated into your website.

9. Limitation of Liability

Eltham Web Design shall not be liable for any indirect, incidental, or consequential damages arising from our services, including but not limited to loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by you for the specific services rendered. This includes any issues arising from work based on informal instructions.

10. Revisions and Maintenance

  • Revisions: The Agreement will specify the number of revisions included in the project scope. If no Agreement is signed, revisions required due to misinterpretation of informal instructions or changes in your requirements may incur additional charges, to be agreed upon or invoiced accordingly.
  • Maintenance: Ongoing maintenance services are available under a separate agreement. We are not responsible for updating or maintaining websites unless explicitly contracted to do so.

11. Force Majeure

We shall not be liable for delays or failure to perform due to events beyond our reasonable control, including but not limited to natural disasters, internet outages, or third-party service failures.

12. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland, Australia. Any disputes arising under these terms shall be subject to the exclusive jurisdiction of the courts in Queensland, Australia.

13. Changes to Terms

We reserve the right to update these Terms and Conditions at any time. The version in effect at the time you engage our services will apply to your project.

14. Contact Information

If you have any questions about these Terms and Conditions, please contact us at:
Eltham Web Design
Email: info@elthamwebdesign.com.au
Phone: +61 (0)438 031 384
Address: Suite 312, Kuranda QLD 4881, Australia

By engaging Eltham Web Design, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.