Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Perth Website Designer ("we", "our", or "us"), you agree to be bound by these Terms of Service. If you disagree with any part of these terms, you may not access or use our services. These terms apply to all visitors, users, and clients who access or use our website and web design services.

2. Services

Perth Website Designer provides web design, development, hosting, maintenance, SEO, and digital marketing services for small businesses. Our services include but are not limited to:

• Custom website design and development
• Website hosting and domain management
• Website maintenance and updates
• Search engine optimisation (SEO)
• Google Ads and Facebook Ads management
• Content creation and management

The specific services to be provided will be outlined in a separate proposal or agreement between you and Perth Website Designer.

3. Project Process

Our web design projects typically follow this process:

• Discovery: We gather information about your business, goals, and requirements
• Design: We create initial design concepts for your review
• Revisions: We incorporate your feedback and make agreed revisions
• Development: We build the functional website
• Review: You review and approve the completed website
• Launch: We deploy the website to your domain

4. Payment Terms

Payment terms are as follows:

• A deposit may be required before work commences
• Final payment is due upon project completion and before website launch
• Hosting and maintenance fees are billed monthly or annually as agreed
• All prices are in Australian Dollars (AUD) and include GST unless otherwise stated
• Payment can be made via bank transfer, credit card, or other agreed methods

Late payments may incur additional fees and may result in suspension of services until payment is received.

5. Client Responsibilities

As our client, you agree to:

• Provide all necessary content, images, and materials in a timely manner
• Respond to requests for feedback and approvals within reasonable timeframes
• Ensure all content provided is accurate and does not infringe third-party rights
• Pay all invoices according to the agreed payment terms
• Obtain necessary licences for any content you provide
• Notify us promptly of any concerns or issues with the project

6. Intellectual Property

Regarding intellectual property rights:

• Upon full payment, you will own the custom design elements created specifically for your project
• We retain ownership of any pre-existing code, templates, or tools used in your project
• Third-party components (fonts, images, plugins) remain subject to their respective licences
• We reserve the right to display your completed project in our portfolio unless otherwise agreed
• You retain ownership of all content you provide (text, images, logos)

Any intellectual property rights not expressly transferred remain with their respective owners.

7. Revisions and Changes

Our project quotes include a specified number of revision rounds. Additional revisions or changes beyond the scope of the original agreement may incur additional charges. Significant changes to project scope after work has commenced may require a revised quote.

Change requests should be submitted in writing via email to ensure clear documentation.

8. Hosting and Maintenance

If you use our hosting and maintenance services:

• We will use reasonable efforts to maintain uptime but do not guarantee uninterrupted service
• Regular backups will be performed, but you are responsible for maintaining your own copies
• Maintenance includes minor updates and security patches as specified in your plan
• Services may be suspended for non-payment or violation of these terms
• We reserve the right to migrate hosting infrastructure with reasonable notice

9. Limitation of Liability

To the maximum extent permitted by Australian law:

• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount paid by you for the specific service
• We are not responsible for any loss of data, revenue, or business opportunities
• We do not guarantee specific results from SEO or advertising services

Nothing in these terms excludes or limits liability that cannot be excluded under Australian Consumer Law.

10. Warranties and Disclaimers

We warrant that:

• Services will be provided with reasonable care and skill
• The delivered website will function as demonstrated upon completion

We do not warrant that the website will be error-free, secure from all threats, or compatible with all browsers and devices. Websites are tested on current major browsers at the time of delivery.

11. Termination

Either party may terminate the agreement:

• With written notice as specified in your service agreement
• Immediately if the other party breaches these terms and fails to remedy within 14 days

Upon termination, you are responsible for payment of all work completed to date. For ongoing services, we will provide reasonable assistance to transfer your website to another provider upon request and full payment of outstanding amounts.

12. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the engagement. This includes business strategies, financial information, and any information marked as confidential. This obligation survives termination of the agreement.

13. Dispute Resolution

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation. If the dispute cannot be resolved through negotiation, the parties agree to attempt mediation before pursuing legal action. These terms are governed by the laws of Western Australia, and both parties submit to the jurisdiction of the courts of Western Australia.

14. Changes to Terms

We reserve the right to modify these Terms of Service at any time. Changes will be effective when posted on our website. Your continued use of our services after changes are posted constitutes your acceptance of the modified terms. We encourage you to review these terms periodically.