Website Development Terms and Conditions

Last Updated: 1st January 2025

These Terms and Conditions (“Agreement”) outline the terms and conditions under which Pebbles Ink / Petra Hughes (“Developer,” “we,” or “us”) provides website development services to you, the client (“Client” or “you”). By engaging with us, you agree to be bound by these terms. Please read them carefully.

  1. Services Provided

The Developer agrees to provide website development services as described in the project proposal, which may include design, coding, implementation, content management setup, testing, and deployment of the website.

  1. Scope of Work

The scope of work will be outlined in a separate project proposal. Any changes or additions to the original scope of work must be agreed upon by both parties in writing and may result in additional charges.

  1. Project Timelines

The Developer will provide an estimated timeline for the completion of the website project. While we will make reasonable efforts to meet the deadlines, timelines are estimates and subject to change due to unforeseen circumstances, delays in receiving client feedback, or other factors beyond our control.

  1. Client Responsibilities

The Client agrees to:

  • Provide timely feedback, materials, and information as required for the development process (e.g., text, images, logos).
  • Ensure that any content provided to the Developer complies with applicable copyright, trademark, and intellectual property laws.
  • Review progress and provide feedback promptly to avoid delays.
  • Ensure payment is made according to the agreed payment schedule.
  1. Payment and Fees

The Client agrees to pay the fees for website development as outlined in the project proposal or contract. Payments will be made according to the agreed-upon payment schedule:

  • A deposit is required before the commencement of the project.
  • Subsequent payments may be due upon the completion of key milestones or at the final project delivery.
  • Late payments may incur interest charges and could result in delays or suspension of services.

Please read our full Payment Terms and Conditions here.

  1. Ownership and Rights

Upon full payment for the services provided, the Client will own the rights to the website design, code, and content developed as part of the project. The Developer retains the right to use the completed work for promotional purposes, including showcasing the website in portfolios and marketing materials, unless otherwise agreed upon.

  1. Third-Party Services & Emails

The Client may require third-party services such as hosting, domain registration, or specific plugins. The Developer is not responsible for issues arising from these third-party services but can assist in their setup or integration as agreed upon.

The Client may require/already have email services that are related to the domain name. Pebbles Ink does not offer support for existing or creation of email services. Creation, set up and technical issues is the responsibility of the registrar or associated hosting service.

  1. Confidentiality

Both parties agree to keep all confidential information shared during the project (including designs, business plans, strategies, and financial details) private and not disclose it to third parties without prior written consent, unless required by law.

  1. Content and Materials

The Client is responsible for providing all content, including text, images, logos, and other materials necessary for the website. If the Developer is asked to source or create content, any associated costs will be agreed upon in advance.

  1. Warranty and Support

Upon completion of the website, the Developer will provide a 30 day warranty period during which we will fix any bugs or issues arising from the development process. After this period, additional support and maintenance services will be available for an hourly fee or through a separate maintenance agreement.

Ongoing maintenance of completed websites is as specified in the initial quote. If the client chooses not to have the website maintained as suggested, then the Developer cannot be held responsible for any technical issues that arise thereby.

  1. Limitation of Liability

The Developer will not be liable for any indirect, special, or consequential damages arising from the website’s use, loss of business, data loss, or any delays in delivery. Our total liability to the Client will not exceed the total fees paid for the project.

If the Client requests full administration user rights to edit/update the website themselves, or to assign to staff/other developers to edit/update, the Developer will not be held responsible for any technical issues that may arise. The Developer reserves the right to terminate services if this occurs.

  1. Termination

Either party may terminate this Agreement with written notice if the other party fails to fulfill its obligations. If the Client terminates the project before completion, they will be responsible for payment for work completed up until that point. If the Developer terminates, the Client will receive a refund for any unearned fees.

  1. Force Majeure

Neither party will be held liable for any delays or failure to perform due to events outside of their control, including but not limited to natural disasters, strikes, or technical failures.

  1. Amendments

These Terms and Conditions may be updated from time to time. Any changes will be communicated to the Client and will take effect once posted on the Developer’s website or communicated in writing.

  1. Governing Law

This Agreement is governed by the laws of Queensland, and any disputes will be resolved in the courts of Queensland.

  1. Agreement Acceptance

By engaging the Developer’s services, the Client acknowledges that they have read, understood, and agree to these Terms and Conditions.

Payment of deposit is confirmation of acceptance of the above Terms and Conditions.

This Agreement ensures both the Client and Developer are aligned on expectations and responsibilities for the project, promoting a smooth and successful working relationship.

Payment Terms and Conditions

Last Updated: 1st January 2025

These Payment Terms and Conditions (“Payment Terms”) govern the payment process for the services provided by Pebbles Ink / Petra Hughes (“Service Provider,” “we,” or “us”) to the client (“Client” or “you”). By engaging with our services, you agree to these payment terms. Please read them carefully.

  1. Invoice and Payment Schedule
  • Invoices will be issued based on the agreed-upon payment schedule outlined in the project proposal or contract.
  • Deposit: A deposit (as quoted) is required before work begins. The deposit is non-refundable and secures the project start date.
  • Milestone Payments: Additional payments may be required upon reaching specific project milestones (e.g., completion of design, development phase, and final delivery).
  • Final Payment: The remaining balance is due upon project completion and before the final handover of the project, unless otherwise agreed.
  1. Accepted Payment Methods

We accept the following forms of payment:

  • Bank transfer

Details for payment will be provided with each invoice.

  1. Late Payment and Interest
  • Payments not made by the due date are considered late.
  • A late fee of 2% of the outstanding balance will be applied for each week the payment is delayed.
  • If the payment remains unpaid for more than 60 days, the Service Provider reserves the right to suspend or terminate services until the outstanding balance is paid in full.
  1. Refunds and Cancellations
  • Deposit: The deposit is non-refundable once the project work has commenced.
  • Cancellations by Client: If the Client cancels the project before completion, they will be required to pay for the work completed up to the cancellation date. The Service Provider will issue a final invoice reflecting the amount due.
  • Cancellations by Service Provider: If the Service Provider cancels the project due to reasons outside of the Client’s control, any unearned portion of the fees will be refunded.
  1. Ownership of Deliverables
  • The Client will only own the final deliverables once the full payment has been made. If the Client fails to pay in full, the Service Provider reserves the right to withhold or remove any access to the deliverables, including the website, design files, or other assets.
  1. Payment Disputes and Legal Action
  • In the event of non-payment, the Service Provider reserves the right to take legal action to recover outstanding fees, including filing for collections or pursuing other remedies in accordance with applicable law.
  • The Client agrees to cover any legal or collection costs incurred by the Service Provider to recover the debt.
  1. Amendments to Payment Terms
  • These Payment Terms may be updated or amended by the Service Provider. Any changes will be communicated to the Client in writing and will take effect as specified in the notice.
  1. Governing Law
  • These Payment Terms are governed by the laws of Queensland. Any legal disputes arising from these terms will be handled by the courts of Queensland.

By engaging with the services of Pebbles Ink / Petra Hughes, the Client acknowledges and agrees to these Payment Terms and Conditions.

For any questions or clarifications, please contact us at:
Pebbles Ink
PO Box 1975, Sunshine Plaza, QLD, 4558
petra@pebblesink.com.au

These Payment Terms provide clear guidelines for both parties to ensure a smooth financial relationship and minimise potential misunderstandings regarding payments.