Terms of Service

Website Setup

WebWallaby provides website design and development services for small businesses.

Unless otherwise agreed in writing, the standard Website Setup fee is $499.

The Website Setup fee must be paid in full before WebWallaby begins work on the customer's production website.

Website Setup includes:

• a professionally designed small business website
• mobile-friendly design
• customer-supplied business information and services
• contact and call-to-action sections
• basic search engine optimisation setup
• connection of a customer-owned domain
• two rounds of reasonable revisions before launch

Work outside the agreed scope may be quoted separately.

Domain Name

The customer is responsible for purchasing and maintaining their domain name unless otherwise agreed.

WebWallaby recommends that the domain is registered directly in the customer's name so the customer retains ownership and control of it.

Domain registration and renewal fees are not included in the $499 Website Setup fee unless specifically stated in writing.

Customer Information and Materials

The customer is responsible for providing accurate business information, contact details, services, pricing, opening hours, service areas and other content required for the website.

The customer confirms that they own, or have permission to use, all logos, photographs, text, trademarks, videos and other materials supplied to WebWallaby.

WebWallaby may rely on information and materials provided by the customer without independently verifying their accuracy or ownership.

Website Concepts

Any free concept, draft or preview provided before payment is supplied for demonstration purposes only.

Free concepts may contain placeholder text, temporary images or draft information and are not the customer's production website.

The $499 Website Setup fee must be paid in full before WebWallaby begins work on the customer's production website.

Revisions

Website Setup includes two rounds of revisions before launch.

A revision round means a reasonable group of requested changes submitted together.

Additional revision rounds, substantial redesigns, new pages, new functionality or work outside the original scope may incur an additional fee.

WebWallaby will advise the customer before carrying out chargeable additional work.

Customer Approval

Before launch, the customer will be given an opportunity to review the website.

The customer is responsible for checking:

• spelling and grammar
• business information
• phone numbers and email addresses
• services and pricing
• opening hours
• images and logos
• links
• legal or regulatory information relevant to their business

Once the customer approves the website for launch, WebWallaby may rely on that approval as confirmation that the customer is satisfied with the website content.

Payment

The $499 Website Setup fee must be paid in full before WebWallaby begins work on the customer's production website.

WebWallaby is not required to begin production work until payment has been received successfully.

Any free concept or preview supplied before payment is provided only to demonstrate what the customer's website could look like and does not form part of the paid production work.

Additional work outside the agreed scope must be paid in accordance with the separate quote or invoice provided.

Fees already paid for completed work are generally non-refundable, subject to any rights the customer may have under Australian law.

Website Care

Customers may choose optional Website Care for $39 per month.

Website Care currently includes:

• website hosting
• SSL security certificate
• routine technical maintenance
• minor content updates
• general website support

Website Care does not include major redesigns, new pages, custom functionality, third-party integrations, large content changes or other substantial development work unless otherwise agreed.

Minor Updates

Minor updates generally include simple changes such as:

• updating text
• changing business hours
• changing contact details
• replacing an existing image
• small wording changes
• updating an existing service description

Significant layout changes, new sections, new pages, integrations or substantial development may be quoted separately.

Website Care Cancellation

Website Care may be cancelled at any time.

Unless otherwise agreed, Website Care will continue until the end of the customer's current paid billing period.

After Website Care ends, WebWallaby is no longer responsible for managed hosting, maintenance, technical support or minor updates.

The customer's domain remains the customer's property.

Where reasonably practicable, WebWallaby can provide the customer with their website files on request.

Website Availability

WebWallaby will take reasonable steps to keep websites operating reliably.

However, uninterrupted or error-free operation cannot be guaranteed.

Website availability may be affected by hosting providers, domain registrars, DNS services, internet providers, software platforms, maintenance, outages, cyber incidents or other circumstances outside WebWallaby's reasonable control.

Third-Party Services

WebWallaby may use third-party services in connection with a website, including hosting providers, domain registrars, email providers, analytics platforms, payment providers, APIs and other software services.

WebWallaby is not responsible for changes, outages, suspension, discontinuation or failures caused by third-party providers outside WebWallaby's reasonable control.

Third-party fees are not included unless specifically stated.

Search Engines and Business Results

WebWallaby may perform basic search engine optimisation setup as part of Website Setup.

WebWallaby does not guarantee:

• Google or other search engine rankings
• website visitor numbers
• customer enquiries
• sales
• revenue
• leads
• business growth
• any particular commercial outcome

Search engines and other third-party platforms determine their own rankings and results.

Intellectual Property

Once the customer has paid all amounts owing for Website Setup, the customer may use the finished website for their business.

The customer retains ownership of materials they supplied to WebWallaby.

WebWallaby retains ownership of its pre-existing tools, reusable code, templates, processes, systems, methods and know-how.

Third-party software, fonts, libraries, images and other materials remain subject to their respective licences.

Portfolio Use

Unless the customer asks otherwise in writing, WebWallaby may display the completed website or screenshots of it as examples of its work.

WebWallaby will not deliberately publish confidential customer information as part of portfolio use.

Customer Responsibilities

The customer is responsible for ensuring their website and business comply with laws and regulations that apply specifically to their industry or activities.

This may include requirements relating to privacy, professional licensing, advertising, pricing, health information, financial services, legal services, ecommerce or other regulated activities.

WebWallaby does not provide legal, accounting or regulatory compliance advice.

Security

WebWallaby takes reasonable steps to use secure website practices.

However, no website, hosting service or internet-connected system can be guaranteed to be completely secure.

Customers should promptly notify WebWallaby if they become aware of a suspected security issue affecting a website managed under Website Care.

Limitation of Liability

To the maximum extent permitted by law, WebWallaby is not liable for indirect, incidental or consequential loss, including loss of profits, revenue, customers, business opportunities or business interruption.

Where WebWallaby is legally entitled to limit its liability, WebWallaby's total liability relating to a particular service will be limited to the amount paid by the customer for the service giving rise to the claim.

Nothing in these Terms excludes or limits any guarantee, right or remedy that cannot lawfully be excluded or limited, including rights available under the Australian Consumer Law.

Delays

WebWallaby is not responsible for delays caused by the customer failing to provide requested information, content, approvals or feedback.

Estimated completion dates are estimates unless WebWallaby expressly agrees in writing to a fixed deadline.

Ending a Project

Either party may request to end a project before completion.

The customer remains responsible for paying for work already completed and any non-refundable third-party costs incurred on their behalf.

WebWallaby may stop work if payment is overdue, the customer repeatedly fails to provide required information, or the customer engages in abusive, unlawful or unreasonable conduct.

Disputes

If a dispute arises, both parties agree to first attempt to resolve the issue directly and in good faith.

The party raising the dispute should provide reasonable details of the issue and the outcome they are seeking.

Both parties should make reasonable efforts to resolve the matter before commencing formal proceedings.

Changes to These Terms

WebWallaby may update these Terms from time to time.

The version accepted by the customer when they place their order will apply to that order unless both parties agree otherwise.

Contact

Questions about these Terms can be sent to WebWallaby.