Terms & Conditions
Our Terms and Conditions for engaging our services
Better grab yourself a coffee ☕ — this one’s a bit of an epic!
That said, it should give you a clear and fair understanding of how Digital Developments operates, what you can expect from us, and what we ask from you in return. Nothing too scary — just the important stuff to make sure everyone’s on the same page from the get-go.
Terms and conditions
These Terms and Conditions apply to services supplied by Digital Developments (“Digital Developments”, “we”, “us” or “our”) to the person or business purchasing or receiving those services (“Customer”, “Client”, “you” or “your”).
These Terms should be read together with any quotation, proposal, scope of work, invoice, service agreement or other written agreement issued by Digital Developments.
By accepting a quotation or proposal, paying a deposit or invoice, instructing Digital Developments to commence work, or otherwise engaging Digital Developments to provide services, you agree to these Terms and Conditions.
Where there is an inconsistency between these Terms and a written quotation or proposal issued by Digital Developments, the quotation or proposal will apply to the extent of that inconsistency.
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or other applicable Australian law.
1. Services
Digital Developments provides digital and creative services that may include:
Website design and development
WordPress development
Elementor development
Website maintenance and technical support
Website hosting and security
Search Engine Optimisation (SEO)
Search and AI optimisation services
Landing page development
Copywriting and content services
Graphic design and branding
Domain name registration and management
Website migration
Website security and malware remediation
Programming and custom development
Website training
Consulting and digital strategy
Other related digital services agreed with the Customer
The precise services supplied for each project will be those described in the applicable quotation, proposal, invoice or written scope of work.
Any service or functionality not expressly included in the agreed scope may be treated as additional work.
2. Quotations and Acceptance
Unless otherwise stated, quotations issued by Digital Developments are valid for 30 days from the date of issue.
A quotation may be accepted by:
written or emailed acceptance;
payment of the required deposit;
signing an agreement or proposal;
instructing Digital Developments to commence work; or
otherwise clearly communicating acceptance.
A quotation is based on the information and requirements provided by the Customer at the time it is prepared.
If the scope, requirements, functionality, volume of content, technical requirements or other circumstances materially change after acceptance, Digital Developments may provide a revised quotation or treat the additional requirements as a variation.
3. Pricing and GST
Unless expressly stated otherwise, all prices are quoted in Australian dollars (AUD) and are exclusive of GST.
GST will be added where required by law.
Fixed-price projects will be charged at the amount shown in the accepted quotation or proposal, subject to approved variations or additional work.
4. Hourly Work and 15-Minute Billing Increments
Where work is undertaken outside an agreed fixed-price scope, or where Digital Developments is engaged on an hourly or time-and-material basis, our standard rate is:
$160 + GST per hour
Time is billed in 15-minute increments, calculated as:
$40 + GST per 15-minute increment
Any part of a chargeable 15-minute period may be billed as one 15-minute increment.
Hourly work may include, where applicable:
Website alterations
Programming
Troubleshooting
Technical support
Website repairs
Content changes
Additional development
Plugin configuration
Hosting or DNS assistance
Website migration work
Additional training
Meetings or consultations involving technical or project work
Investigation of faults or errors
Work requested outside the original project scope
Third-party integration assistance
Additional SEO or content work
Other requested professional services
Digital Developments will not generally charge for ordinary enquiries, quotation preparation or routine account administration unless advised beforehand.
Where practical, Digital Developments will advise the Customer if requested work is likely to involve a significant additional cost before undertaking it.
5. Website Project Payment Terms
Unless otherwise specified in the applicable quotation, website design and development projects are invoiced as follows:
50% Deposit
Payable prior to commencement of the project.
40% Progress Payment
Payable following approval of the website design/mock-up or when the project reaches the agreed development or staging milestone.
10% Final Payment
Payable upon project completion and prior to final handover where applicable.
Alternative payment schedules may be agreed in writing for individual projects.
Digital Developments may pause work where an invoice has become overdue.
6. Deposits, Progress Payments and Cancellation
Deposits allow Digital Developments to reserve development time, commence planning and allocate resources to a project.
To the extent permitted by law, deposits and progress payments relating to work already undertaken, resources committed or costs incurred are not refundable merely because the Customer changes their mind.
However, nothing in these Terms limits any refund, cancellation or other remedy to which the Customer is entitled under applicable law.
If a Customer cancels a project after work has commenced, Digital Developments may invoice the Customer for:
work performed up to the cancellation date;
approved third-party costs already incurred;
non-refundable licences or services purchased specifically for the project; and
other amounts reasonably payable under the accepted project agreement.
Digital Developments will not charge the Customer for work that has not been performed merely because a project has been cancelled, except where a specifically agreed cancellation fee or committed third-party cost applies.
7. Customer Delays and Dormant Projects
Projects depend on timely communication, approvals, content and information from the Customer.
If the Customer does not provide required material, feedback, approvals, access or instructions within a reasonable period, project delivery dates may be extended.
Where a project remains inactive for an extended period because the Customer has not supplied required information or approval, Digital Developments may:
place the project on hold;
reschedule the remaining work according to available production capacity; and
invoice work completed up to that point.
If a project remains dormant for more than 90 days, Digital Developments may require the scope, pricing and scheduling of the remaining work to be reviewed before recommencing.
8. Variations and Additional Work
A quotation covers the scope described in that quotation.
Requests that materially alter or extend the agreed scope may constitute a variation.
Examples include:
additional pages;
additional functionality;
significant redesign after approval;
new integrations;
additional eCommerce functionality;
additional content;
additional products;
custom programming;
migration requirements not originally disclosed;
additional rounds of substantial revisions;
work required because of changes made by the Customer or a third party; or
other work outside the original specification.
Variations may be:
quoted separately; or
undertaken at our standard rate of $160 + GST per hour, billed in 15-minute increments of $40 + GST where agreed or reasonably appropriate.
Where practical, material variations will be discussed with the Customer before the additional work is undertaken.
9. Website Design and Approval
Where design services are included, Digital Developments will prepare a website design, mock-up or prototype based on the agreed brief.
The Customer will be provided with a reasonable opportunity to request revisions.
Unless otherwise specified in the quotation, approximately 2–4 reasonable rounds of design revisions would ordinarily be expected.
A request that substantially changes the original brief, structure, design direction or functionality may be treated as a variation.
Once the Customer approves the design direction, Digital Developments may proceed with development.
Substantial changes requested after design approval may incur additional charges.
10. Customer Content and Responsibilities
The Customer is responsible for providing any information, content, images, specifications, access credentials and approvals reasonably required to complete the project unless their creation or supply is expressly included within the Digital Developments scope.
Where copywriting, photography, stock imagery, product entry or other content creation is included in a quotation, Digital Developments will provide those services to the extent specified.
The Customer is responsible for reviewing and approving:
spelling;
prices;
names;
contact details;
addresses;
legal statements;
product information;
service information;
claims about the Customer’s business;
regulatory information; and
any other factual material.
Approval by the Customer confirms that the Customer considers the material accurate and suitable for publication.
11. Customer-Supplied Material and Intellectual Property
The Customer warrants that it owns, licenses or otherwise has permission to use any material supplied to Digital Developments, including:
text;
photographs;
videos;
logos;
trademarks;
graphics;
fonts;
music;
product information; and
other intellectual property.
The Customer must not knowingly instruct Digital Developments to reproduce or publish material that infringes another person’s intellectual property rights.
If a third-party claim arises specifically because of material supplied or instructed by the Customer, the Customer may be responsible for reasonable losses or costs arising from that material to the extent permitted by law.
12. Ownership of Website and Creative Work
Until all amounts relating to a project have been paid in full, Digital Developments retains ownership of work created specifically for that project, subject to any third-party licences.
Once all applicable project invoices have been paid, the Customer receives ownership or the agreed rights to the completed custom website design, content and other deliverables created specifically for the Customer.
This does not transfer ownership of:
third-party software;
WordPress;
plugins;
themes;
stock imagery;
fonts;
libraries;
frameworks;
licensed components;
proprietary Digital Developments tools;
reusable code libraries;
development methods;
know-how; or
other materials owned by Digital Developments or a third party before the project.
Those items remain subject to their applicable licences and ownership arrangements.
13. Third-Party Software, Plugins and Services
Modern websites commonly rely on third-party products and services including WordPress, Elementor, plugins, themes, hosting infrastructure, APIs, payment gateways, CRM systems, Google services and other external platforms.
Digital Developments does not control those third parties and cannot guarantee that a third-party service will:
remain available indefinitely;
retain the same functionality;
remain free;
maintain the same pricing;
remain compatible with other software;
remain secure or error-free; or
continue to be supported by its developer.
Where a third-party provider changes, withdraws or discontinues a product or feature, additional work required to modify the Customer’s website may be chargeable unless otherwise covered by a Digital Developments maintenance agreement or warranty.
14. Software and Plugin Licensing
Some Digital Developments hosting or maintenance packages may include access to commercial plugin or software licences while the Customer remains subscribed to the relevant service.
Unless otherwise agreed in writing:
those licences remain controlled by Digital Developments or the relevant software provider;
they are provided for use on the Customer’s website while the applicable service remains active;
they are not transferred to the Customer when hosting or maintenance ends; and
the Customer may need to purchase replacement licences directly if the service is cancelled or the website is transferred elsewhere.
The Customer’s website and content remain the Customer’s property notwithstanding these third-party licensing arrangements.
15. WordPress Content Management
WordPress websites supplied by Digital Developments are generally designed to allow Customers to manage appropriate website content themselves.
Unless content management or ongoing website updates are included in an agreed maintenance or service package, Digital Developments is not responsible for routinely updating Customer content.
Customer-requested updates can be undertaken as additional work.
Additional work is generally billed at $160 + GST per hour in 15-minute increments of $40 + GST, unless otherwise quoted.
16. Website Training
Where included in the quotation, Digital Developments may provide up to two hours of website content-management training.
Additional training or assistance may be charged at:
$160 + GST per hour
$40 + GST per 15-minute increment
Training inclusions may vary according to the applicable quotation.
17. Website Warranty and Defects
Unless a different warranty is stated in the quotation, Digital Developments provides a 90-day workmanship warranty from the date the completed website is delivered or declared complete.
During this period, Digital Developments will rectify genuine defects in its own work without additional charge.
The warranty does not ordinarily cover problems caused by:
Customer changes;
third-party changes;
unauthorised access;
malware or hacking;
third-party plugins or services;
updates made by another developer;
insecure or compromised third-party hosting;
server changes outside Digital Developments’ control;
browser or operating system changes;
failure to maintain software;
unsupported software;
changes to APIs or external platforms; or
new functionality requested after completion.
Where the website is hosted by a third-party provider, Digital Developments’ warranty relates to our workmanship and the website itself. It does not extend to the security, integrity, configuration or performance of the external hosting environment.
Nothing in this voluntary warranty limits rights available under the Australian Consumer Law or other applicable law.
18. Browser and Device Compatibility
Digital Developments develops websites for reasonable compatibility with current mainstream web browsers and commonly used desktop, tablet and mobile devices at the time of development.
This generally includes current releases of:
Google Chrome;
Mozilla Firefox;
Apple Safari;
Microsoft Edge; and
commonly used mobile browsers.
Digital Developments cannot guarantee indefinite compatibility with future browser, device or operating system releases.
Work required because of future technology changes may be chargeable unless covered by an ongoing maintenance agreement.
19. Website Maintenance
Website maintenance is separate from website development unless expressly included in a quotation or service package.
Depending on the plan purchased, maintenance may include services such as:
WordPress core updates;
plugin updates;
theme updates;
backups;
security monitoring;
malware remediation;
spam protection;
technical troubleshooting; and
other services listed in the applicable maintenance package.
Maintenance does not automatically include content management, redesign, new functionality or substantial programming unless specifically stated.
Maintenance on Third-Party Hosting
Where Digital Developments provides website maintenance, repairs, updates, malware removal or other technical services for a website hosted by a third-party hosting provider, our responsibility relates to the website-related services we have been engaged to perform.
The Customer is responsible for ensuring that the third-party hosting environment is:
appropriately configured;
properly maintained;
secure;
free from malware or malicious files;
free from compromised server accounts; and
suitable for the ongoing operation of the website.
Digital Developments cannot warrant or guarantee the security, integrity or performance of a hosting environment that we do not own, operate or control.
If Digital Developments repairs or cleans a website but the website remains within, or is returned to, a compromised or insecure third-party hosting environment, Digital Developments cannot guarantee that the website will remain malware-free or secure.
If a website becomes reinfected, compromised or damaged because of an issue originating from the third-party hosting environment, additional investigation, remediation or repair may be chargeable.
Where Digital Developments reasonably suspects that an external hosting environment is compromised, insecure or unsuitable, we may recommend that the Customer contact their hosting provider or appropriately qualified server administrator before further website maintenance is undertaken.
20. Hosting Services
Where Digital Developments provides website hosting, the applicable storage, resources, features, maintenance and security inclusions will be described in the relevant hosting package or quotation.
The Customer must not use the hosting service for unlawful, abusive, fraudulent or malicious purposes.
Digital Developments may take reasonable action to protect its infrastructure, other Customers or third parties where a website presents a genuine security, legal or operational risk.
Where practicable, Digital Developments will notify the Customer before suspending a service. Immediate suspension may be necessary in circumstances involving serious security threats, unlawful activity, server compromise or significant risk to other systems.
Digital Developments Hosted Websites
Where a website is hosted directly by Digital Developments, Digital Developments takes reasonable responsibility for maintaining the security, configuration and integrity of the hosting environment to the extent included within the Customer’s applicable hosting or maintenance plan.
This includes taking reasonable steps to maintain:
server security;
hosting-level protections;
server software where under our control;
applicable hosting configuration;
backups where included;
malware protection where included; and
other hosting-level security services specified in the relevant package.
The Customer remains responsible for circumstances outside Digital Developments’ reasonable control, including:
compromised Customer passwords;
credentials provided by the Customer to unauthorised parties;
software or plugins installed independently by the Customer;
unauthorised third-party modifications;
malicious Customer activity; and
other activity occurring through access not controlled by Digital Developments.
21. Third-Party Hosting Environments
Where the Customer chooses to host a website with another hosting provider, the Customer acknowledges that Digital Developments does not control the underlying server or hosting environment.
The Customer is responsible for ensuring that its third-party hosting provider supplies an environment that is:
secure;
malware-free;
appropriately maintained;
technically compatible with the website;
adequately resourced;
properly backed up where required; and
suitable for the Customer’s business requirements.
Digital Developments may maintain, repair, update or clean the website itself, but responsibility for the underlying external hosting environment remains with the Customer and/or their hosting provider.
Digital Developments is not responsible for faults, security breaches, malware infections or other problems caused by circumstances originating within a third-party hosting environment that Digital Developments does not control.
If additional work becomes necessary because of an external hosting problem, that work may be quoted separately or billed at:
$160 + GST per hour
$40 + GST per 15-minute increment
22. Hosting Capacity and Resource Usage
Hosting packages may have limits for:
disk space;
email storage;
memory;
CPU;
bandwidth;
databases; or
other server resources.
If a website exceeds or regularly approaches its allocated resources, Digital Developments may recommend that the Customer move to a more appropriate hosting package.
Additional capacity will be charged according to the applicable hosting plan or agreed quotation.
Where reasonably possible, Digital Developments will advise the Customer before making a chargeable upgrade.
23. Hosting Availability and Backups
Digital Developments takes reasonable steps to provide reliable hosting services but does not guarantee uninterrupted or error-free hosting.
Outages may occur because of:
scheduled maintenance;
hardware failure;
upstream provider outages;
internet infrastructure;
cyberattacks;
software failures;
DNS issues;
third-party failures; or
events outside Digital Developments’ reasonable control.
Where backups form part of the Customer’s hosting package, Digital Developments will use reasonable care in maintaining those backups.
Customers with business-critical information should also maintain independent copies of important content and data where appropriate.
Where a website is hosted externally, backup arrangements provided by the external host remain the responsibility of the Customer unless Digital Developments has specifically agreed to provide an independent backup service.
24. Website Security
Digital Developments applies reasonable website and security measures according to the services purchased, but no internet-connected system can be guaranteed to be completely secure.
Websites may be exposed to risks including:
malware;
hacking;
credential theft;
automated attacks;
vulnerabilities in third-party software;
spam;
malicious traffic; and
other cyber threats.
Websites Hosted by Digital Developments
Where Digital Developments hosts the website, we will take reasonable steps to maintain the security of the hosting environment in accordance with the Customer’s hosting and maintenance plan.
Websites Hosted Elsewhere
Where the website is hosted by a third-party provider, Digital Developments is not responsible for the underlying security of that hosting environment.
The Customer is responsible for ensuring that the external hosting environment is appropriately secured, maintained and free from server-level malware, malicious code or compromise.
Digital Developments may repair, update, clean or secure the website itself, but cannot guarantee that the website will remain secure if the underlying third-party hosting environment remains compromised or vulnerable.
Where a website becomes reinfected or compromised because of an external hosting issue, Digital Developments may charge for additional investigation, repair, cleaning or remediation.
25. Domain Names
Where Digital Developments assists with domain name registration, renewal or transfer, registration remains subject to:
domain availability;
registry requirements;
registrar requirements;
eligibility rules; and
applicable domain policies.
Digital Developments cannot guarantee that a requested domain will be available or approved for registration.
Where practicable, domain names acquired on behalf of a Customer will be registered for the benefit of that Customer.
The Customer remains responsible for keeping contact and ownership information current and for paying applicable renewal fees.
Digital Developments is not responsible for loss of a domain caused by the Customer failing to pay a notified renewal invoice, failing to maintain valid registration information or taking actions outside Digital Developments’ control.
26. Search Engine Optimisation – SEO
SEO is affected by search engines, competitors, website history, market conditions, algorithms and other factors outside Digital Developments’ control.
Accordingly, Digital Developments does not guarantee:
a particular Google ranking;
a particular search position;
first-page placement;
a particular amount of traffic;
a particular number of enquiries;
sales or revenue;
retention of an existing ranking; or
the timing of ranking improvements.
Digital Developments will perform the SEO services described in the applicable package using reasonable professional care and recognised optimisation practices.
Search engines can alter their algorithms and ranking systems at any time.
Changes in rankings are not, by themselves, evidence that Digital Developments has failed to provide the agreed service.
27. Third-Party Accounts and Access
The Customer may be required to provide Digital Developments with access to services including:
hosting accounts;
domain registrars;
Google Analytics;
Google Search Console;
Google Business Profile;
advertising platforms;
WordPress;
CRM systems;
payment gateways;
social media;
email delivery platforms; and
other third-party services.
The Customer authorises Digital Developments to use supplied access solely as reasonably necessary to provide the agreed services.
The Customer should ensure that access credentials supplied to Digital Developments are valid and appropriately authorised.
28. Website Transfers and Migration
Customers are free to move their website away from Digital Developments hosting, subject to payment of all outstanding invoices and applicable third-party licensing arrangements.
Digital Developments may charge for time required to prepare, migrate, configure or assist with transferring a website where that service is not already included.
Such work may be quoted separately or charged at our standard rate of:
$160 + GST per hour
$40 + GST per 15-minute increment
Where Digital Developments is asked to install, migrate or maintain a website on hosting supplied by the Customer or another provider, Digital Developments may reasonably assume that the destination hosting environment is secure and technically suitable for the website.
The Customer is responsible for ensuring the destination environment is malware-free and appropriately secured before migration or installation.
Digital Developments is not responsible for:
malware already present on the destination server;
compromised files or accounts within the hosting environment;
server-level vulnerabilities;
inappropriate hosting configurations;
outdated server software outside Digital Developments’ control; or
security weaknesses in infrastructure operated by the third-party provider.
If additional work is required because the destination hosting environment is compromised, insecure or unsuitable, that work may be quoted separately or charged at the standard hourly rate.
Once a website is transferred away from Digital Developments hosting, Digital Developments cannot be responsible for the performance, security, configuration or compatibility of the new hosting infrastructure unless separately contracted to provide relevant services.
Any Digital Developments warranties relating specifically to our hosting environment will cease when the website is transferred away.
29. Suspension and Reconnection
Digital Developments may suspend a service where:
an invoice is materially overdue;
continued operation creates a serious security risk;
the Customer is using the service unlawfully;
the Customer materially breaches these Terms and does not remedy the breach after reasonable notice where remediation is possible; or
suspension is reasonably necessary to protect Digital Developments’ infrastructure or other Customers.
Where possible, reasonable notice will be provided before suspension.
Work required to restore or reconnect a suspended or expired service may incur a reasonable reconnection or technical fee, which will be advised before the work is undertaken where practicable.
30. Ongoing and Recurring Services
Hosting, maintenance, SEO and other recurring services may be supplied monthly, annually or on another agreed billing cycle.
Unless otherwise specified in the applicable service agreement, the Customer may cancel an ongoing service by providing 30 days’ written notice.
Amounts already paid for a period in which services have been supplied are not ordinarily refundable simply because the Customer decides to cancel, except where required by law or agreed otherwise.
Services supplied during a notice period remain payable.
31. Changes to Recurring Service Pricing
Digital Developments may periodically review the pricing of ongoing services because of changes in operating costs, software licensing, hosting infrastructure or the scope of services provided.
Customers will be given reasonable notice of material price changes before the new pricing applies.
The Customer may choose not to renew or may cancel the affected recurring service in accordance with the applicable cancellation terms if they do not wish to accept the revised price.
32. Invoices and Payment
Invoices are issued electronically unless otherwise agreed.
Invoices must be paid by the due date shown on the invoice.
The Customer must notify Digital Developments promptly if they genuinely dispute an invoice and provide reasonable details of the dispute.
Digital Developments may pause further work while a materially overdue invoice remains unpaid.
The Customer remains responsible for undisputed amounts.
Digital Developments may recover reasonable debt-recovery costs where those costs are legally recoverable and reasonably incurred because an undisputed overdue amount has not been paid.
33. Completion and Handover
A project will generally be considered complete when:
the agreed scope has been substantially delivered;
reasonable final corrections have been addressed; and
the website or deliverable is ready for launch, publication or handover.
A Customer’s delay in supplying information or approving launch does not necessarily prevent a project from being considered complete for invoicing purposes where Digital Developments has substantially completed its agreed work.
Final project files, transfers or administrative ownership changes may be withheld until applicable project invoices have been paid, to the extent permitted by law.
34. Graphic Design
Where graphic design services are supplied, the applicable quotation will state the deliverables and revision allowance.
A reasonable number of revisions will be provided according to the agreed scope.
Material changes requested after approval may be quoted separately or charged as additional work.
The Customer is responsible for checking all artwork prior to production, including:
spelling;
phone numbers;
email addresses;
web addresses;
colours;
dimensions;
dates;
prices; and
other factual information.
Where artwork is to be commercially printed, Digital Developments recommends that the Customer obtain and approve an appropriate printer’s proof before authorising a final print run.
35. Portfolio and Authorship
Unless the Customer requests otherwise in writing for legitimate confidentiality reasons, Digital Developments may display completed publicly available work in its portfolio, website, social media or marketing material for the purpose of identifying Digital Developments as the creator or developer.
Digital Developments may also include a discreet website credit or authorship link in the footer of websites it develops.
If removal of that credit is required, the Customer may request this in writing.
36. Confidentiality
Each party agrees to take reasonable steps to protect confidential business information supplied by the other party and not intentionally disclose it to an unrelated third party except:
where required to provide the agreed services;
where authorised by the other party;
where the information is already public through no breach of these Terms; or
where disclosure is required by law.
Digital Developments may use contractors or service providers where reasonably necessary to deliver the services, provided appropriate care is taken regarding confidential information.
37. Privacy and Personal Information
Where Digital Developments handles personal information in connection with providing services, it will take reasonable steps to handle that information consistently with applicable Australian privacy requirements.
The Customer remains responsible for determining its own privacy, cookie, consent, record-keeping and regulatory obligations for its website and business.
Unless specifically engaged to provide legal compliance services, Digital Developments does not provide legal advice and does not warrant that a Customer’s website satisfies every legal or regulatory obligation applying to that Customer’s particular industry.
Customers should obtain independent legal advice regarding website privacy policies, terms of trade, disclaimers, regulatory disclosures or industry-specific requirements where required.
38. Limitation of Liability
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
To the maximum extent permitted by law, Digital Developments will not be liable for indirect or consequential losses that were not reasonably foreseeable as a result of a breach by Digital Developments, including loss arising solely from:
third-party platform failures;
third-party hosting failures;
insecure or compromised external hosting environments;
search engine algorithm changes;
internet outages outside our control;
Customer modifications;
unauthorised third-party modifications;
compromised Customer credentials; or
the Customer’s failure to follow reasonable instructions.
Where applicable law permits liability for a service to be limited, Digital Developments’ liability will be limited in a manner permitted by that law.
Nothing in this clause affects any remedy available under the Australian Consumer Law that cannot lawfully be excluded.
39. Australian Consumer Law
Our services may come with guarantees that cannot be excluded under the Australian Consumer Law.
Nothing in these Terms is intended to exclude, restrict or modify those guarantees, rights or remedies.
Where the Australian Consumer Law applies, these Terms operate subject to those statutory rights.
40. Events Outside Our Reasonable Control
Digital Developments will not be responsible for delay or failure caused by circumstances beyond its reasonable control, including:
major internet outages;
telecommunications failure;
natural disasters;
fire;
flood;
power outages;
government action;
widespread cyberattack;
third-party infrastructure failure;
industrial action; or
other events that could not reasonably have been prevented by Digital Developments.
Digital Developments will take reasonable steps to resume affected services when circumstances allow.
41. Customer Contact Details
The Customer is responsible for keeping Digital Developments informed of current:
contact names;
email addresses;
telephone numbers;
business details; and
billing information.
Digital Developments may rely on the most recently supplied contact details when issuing notices, invoices, renewal reminders or other service communications.
42. Notices
Notices and routine communications may be provided electronically, including by email.
A notice sent to the Customer’s most recently supplied email address will be treated as having been sent to the Customer unless Digital Developments has been advised that the address is no longer valid.
43. No Transfer Without Consent
Neither party may transfer its material rights or obligations under an active project agreement to another party without the written consent of the other party, except where reasonably required as part of a legitimate business restructure, sale or succession and permitted by law.
This clause does not prevent the Customer from transferring its website or domain to another provider in accordance with these Terms.
44. Entire Agreement
The applicable quotation, proposal, written scope and these Terms form the agreement between Digital Developments and the Customer regarding the relevant services.
They replace prior discussions or representations concerning the same scope, except for anything expressly incorporated into the agreement in writing.
45. Changes to These Terms
Digital Developments may update these Terms from time to time.
Updated Terms will not retrospectively change the agreed price or material scope of an existing fixed-price project unless agreed by both parties or required by law.
For recurring services, updated Terms may apply from a future renewal or billing period after reasonable notice has been provided to the Customer.
If a material change adversely affects an ongoing service, the Customer may cancel that service in accordance with the applicable cancellation provisions.
46. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be read down or severed to the extent necessary.
The remainder of the Terms will continue to operate where legally possible.
47. Waiver
A failure or delay by either party to exercise a right under these Terms does not automatically waive that right.
48. Governing Law
These Terms are governed by the laws of Victoria, Australia.
Subject to any rights a party may have under applicable law, the parties submit to the jurisdiction of the courts and tribunals of Victoria and applicable Commonwealth courts.
49. Goodwill and Working Relationship
Digital Developments approaches projects on the basis of a practical and cooperative working relationship.
Both parties agree to act reasonably and communicate openly regarding:
what can reasonably be achieved within the agreed budget;
what can reasonably be achieved within the agreed timeframe;
delays or changes that affect delivery;
appropriate use of available resources; and
resolving problems in a fair and practical manner.
Our aim is straightforward:
Clear expectations, fair communication and a successful outcome for both parties.
Digital Developments Pricing Summary
Unless otherwise quoted:
Professional Services
$160 + GST per hour
Billing Increment
15 minutes
Cost per 15-Minute Increment
$40 + GST
Standard Website Project Payment Schedule
50% deposit
40% at agreed design/development milestone
10% at project completion
Standard Notice for Recurring Service Cancellation
30 days in writing
Specific quotations, hosting plans, SEO plans, maintenance plans and service agreements may contain additional or different pricing and inclusions.
Acceptance
By accepting a Digital Developments quotation or proposal, paying the required deposit or invoice, or instructing Digital Developments to commence the agreed services, the Customer confirms that they have had the opportunity to review and agree to these Terms and Conditions.