DP Web Design Terms & Conditions

1. Quotations & Pricing

Estimates

All quotations issued by DP Web Design are estimates and may change based on project requirements. If the final cost exceeds the original estimate, clients will be informed and provided with a revised quote.

Price Adjustments May Occur Due To

Client-Requested Enhancements: New features or changes not included in the original quote.
Essential Enhancements: Additions made by us to ensure proper function and professional presentation.
Research Limitations: When thorough research couldn’t be completed during the quoting phase.
Third-Party Costs: Required purchases of software, plugins, or scripts from external providers.
Scope Changes: Modifications to the original project brief.

Quotation Validity

Quotes remain valid for three months from the date of issue.

Client Acceptance

By paying a deposit, the client accepts the original quote and any agreed-upon revisions. This payment confirms acceptance of these terms and the project scope.

2. Payment Terms

Deposit

A deposit of 33% is required before any work begins. This payment confirms agreement to the project’s scope, cost, and terms.

Final Payment

The remaining balance is due before launch. The website will not go live until full payment has cleared.

Delays

If the project is delayed beyond 90 days due to client inaction or excessive changes, the balance becomes due to cover time and resources allocated.

Additional Work

Requests outside the agreed scope will be quoted separately and may require an additional deposit.

Late Payments

Overdue payments may incur a 2% monthly late fee. Please contact us if you anticipate delays so we can discuss payment options.

3. Refunds, Cancellations & Returns (Domains, Hosting & Services)

1) How to request a cancellation or refund

All cancellation and refund requests must be submitted in writing (email is acceptable). We’ll confirm the effective cancellation date/time once received.

A) Domains (Domain Registrations / Renewals / Transfers)

No refunds once a domain has been registered, renewed, or transferred, as domain registries do not typically provide refunds once the transaction is processed.
If you request a domain registration/renewal and we have not yet processed it, you may request a cancellation and refund.
If a domain is bundled with other services, the domain component remains non-refundable once processed.

B) Hosting (and Hosting-Related Services)

No refunds after hosting has been activated, and hosting will continue for the remainder of its current paid term.
You may request that hosting be disabled/terminated early, however no pro-rata refund will be provided for unused time in the current term.
Cancellation prevents future renewals (once processed) but does not reverse charges already incurred for the current term.

C) Website Builds, Design, Development, Support & Other Services (including logos/graphics)

Before work starts

If you cancel within 7 days of payment and no work has commenced, you are entitled to a full refund.

After work starts

If you cancel after work has commenced, any refund (if applicable) will be calculated as:
Amount paid minus (time already spent × our standard hourly rate) minus any non-refundable third-party costs (e.g., paid plugins, stock assets, licences, domain costs, transaction fees).
If the work completed to date exceeds the amount paid, we may invoice for the outstanding balance.
Non-refundable third-party costs may include (where applicable):
- domain registration/renewal/transfer fees
- hosting fees already incurred for the current term
- premium plugin/theme licences and renewals
- stock images, fonts, video/audio assets, and other paid media
- software subscriptions required to deliver the work
- payment processing/merchant fees and bank charges
- third-party contractor costs engaged at your request (with approval)

Work in progress and approvals

Where practical, we will provide what has been completed up to the cancellation point (e.g., design files, draft pages, concepts), once all outstanding invoices are paid.
No refunds apply to work that has been approved, supplied, or completed and invoiced, except where required by law.

Creative work (logos/branding/design concepts)

Creative work includes professional time and iterative development. If you choose not to proceed with a concept direction, this does not automatically entitle you to a full refund once work has commenced.
If we agree to provide a refund for creative work after commencement (for example, as a goodwill outcome), DP Web Design may retain ownership of concepts/drafts not fully paid for.

D) Service Credit Option (Alternative to a refund)

Where a cash refund is not available or not preferred, we may offer a service credit for the unused portion of paid services. Service credits:

are applied to other DP Web Design services of equal or greater value,
are not redeemable for cash, and
must be used within an agreed timeframe.

E) Transfers of Pre-Paid Services

Pre-paid services may be transferred to another business only with written approval from:

the original client,
the new client, and
DP Web Design.

Any transfer may require an administration fee depending on complexity.

F) Australian Consumer Law

Nothing in this policy limits your rights under the Australian Consumer Law.

For the avoidance of doubt, domain and hosting refunds/cancellations are also subject to the terms in Section 12 (Domain & Hosting).

4. Scope of Work

Documentation

The project scope is outlined in our proposal or quote. Any changes must be agreed upon in writing.

Client Responsibilities

Clients must provide all required content (text, images, videos, etc.) unless otherwise arranged.

You must have the legal rights to use the content you provide.
You will indemnify DP Web Design against any legal claims arising from content misuse.

Content Liability

We do not verify client-supplied content for copyright or compliance. Clients remain solely responsible for legality.

Content We Provide

Any content we supply (images, text, etc.) will be sourced legally and used within proper licensing terms.

Browser & Device Compatibility

Unless otherwise agreed in writing, each website is optimised and tested for the latest two major versions of Chrome, Edge, Safari and Firefox on desktop and mobile (iOS / Android). Support for other or older browsers, operating systems, kiosk screens, smart-TVs or similar devices is not included and can be quoted separately.

Accessibility (WCAG) Disclaimer

By default, DP Web Design builds to general usability best practices but does not guarantee compliance with any specific accessibility standard (e.g. WCAG 2.2 AA) unless such compliance is expressly included in the project scope. Accessibility work can be quoted and scheduled as a separate service.

SEO & Ranking Disclaimer

The project includes on-page technical SEO essentials (clean code, meta tags, semantic HTML) but no warranty is given regarding search-engine rankings, traffic volumes or specific keyword positions. Comprehensive SEO strategy, content marketing or link-building services are available under a separate agreement.

Change-Request / Out-of-Scope Process

Any feature, design revision or content adjustment requested after approval of the initial design or specification is treated as an out-of-scope change. Such requests will be quoted at our current hourly rate or by separate estimate and may extend the delivery timeline.

Content Freeze & Final Approval

A “content freeze” occurs when the client instructs DP Web Design to prepare the site for launch or otherwise confirms that all text, images and media are final. After the content freeze and once the site is live, the client still enjoys the 21-day grace period described in Section 15 (Website Development Process) for minor updates such as spelling fixes, small copy edits or simple image swaps.

Any requests beyond the scope of that grace period—or any substantial design or functional changes—will be quoted separately at the prevailing hourly rate unless covered by an active support package.

5. Intellectual Property

5.1 Client Materials

You retain ownership of all materials you provide to us, including (where applicable) your branding, logos, text, images, videos and other content (“Client Materials”). You confirm you have the rights to use and supply Client Materials to us for the purposes of the project.

5.2 Ownership of Deliverables

Once all invoices for the relevant work are paid in full, you will own the final project deliverables created specifically for you as part of the agreed scope (“Deliverables”). This includes, where applicable:

final website design and page layouts created for your site
custom graphics created for your site
custom code written specifically for your project
logo designs created for you (final approved logo files)

5.3 Drafts and Unpaid Work

Draft concepts, working files, and materials created before final approval (or where invoices remain unpaid) remain the property of DP Web Design. If the project is cancelled or invoices are unpaid, you may not use drafts or unfinished work unless we agree in writing.

5.4 Our Pre-Existing Materials

We may use and reuse our own pre-existing materials, tools, templates, frameworks, code libraries, processes and know-how (“DP Web Design Materials”) in delivering your project. We retain ownership of DP Web Design Materials, including any improvements we make to them.

Where DP Web Design Materials are included in the Deliverables, you receive a licence to use them as part of your website/project.

5.5 Third-Party Materials

Some projects use third-party products and assets (for example: CMS platforms, plugins, extensions, themes, fonts, stock imagery, and other licensed content). Third-party materials remain subject to their respective licence terms and may require ongoing subscription, renewal fees, or usage restrictions.

5.6 Portfolio Use

Unless you request otherwise in writing, you agree that DP Web Design may display the completed project (including your business name and a screenshot/link) in our portfolio and marketing materials.

6. Confidentiality

Mutual Agreement

Both parties agree to keep shared information confidential, including business processes, technical details, and project documents.

Exceptions

Confidentiality does not apply to:

Public information
Information received legally from third parties
Independently developed data

Marketing Use

Unless requested in writing, we may feature completed projects in our portfolio or promotional materials.

Duration

Confidentiality remains in effect for two years after the project concludes.

7. Warranties & Liability

Warranty

We warrant that all original work is legally created and does not knowingly infringe on third-party rights. This excludes client-supplied content.

Limitation of Liability

We are not liable for any indirect or consequential losses, including:

Website performance
Data loss
Service interruptions

Client Responsibility for Data Privacy & Protection

Clients are solely responsible for ensuring that any personal, sensitive, or confidential data they upload or request to be displayed on their website complies with all applicable privacy laws, including but not limited to the Australian Privacy Act 1988 (Cth) and the Notifiable Data Breaches scheme.

DP Web Design accepts no responsibility or liability for any breach of privacy, unauthorised data exposure, or resulting legal action caused by:

The client’s handling, storage, or publishing of customer data;
Information uploaded or requested by the client to be publicly accessible;
Lack of security or privacy measures not explicitly requested by the client.

Clients are strongly advised to:

Review all content before publishing;
Avoid uploading personally identifiable information (PII) without proper legal justification;
Inform DP Web Design if specific security or privacy measures are required.

Hosting Uptime & Liability Cap

For details relating to hosting reliability and associated liability, refer to Section 13 (Hosting & Maintenance).

Force Majeure

DP Web Design shall not be liable for any failure or delay in performing its obligations where such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, strike, war, terrorism, pandemics, or interruptions or failure of electricity or network services.

Total Liability Cap

Notwithstanding any other provision of these terms, DP Web Design’s aggregate liability for any claim, whether in contract, tort (including negligence) or otherwise, shall not exceed the total fees paid by the client to DP Web Design in the 12 months preceding the event giving rise to the claim.

Third-Party Services

We are not responsible for issues caused by third-party services, even if recommended by us.

Disclaimer

All services are provided “as is,” without guarantees beyond what is explicitly stated in these terms.

8. Dispute Resolution

If a dispute arises in connection with our services, both parties agree to follow the process below before starting court proceedings (except where urgent injunctive relief is required).

Notice: The party raising the dispute must provide written notice outlining the issue and the outcome sought.
Good-faith negotiation: The parties will attempt to resolve the dispute in good faith within 14 days of the notice (or another agreed timeframe).
Mediation: If the dispute is not resolved, either party may request mediation. Mediation will be conducted in Queensland (or via video conference) through a mutually agreed mediator. Unless agreed otherwise, mediation costs will be shared equally.
Legal proceedings: If the dispute remains unresolved after mediation (or if a party declines to mediate), either party may commence proceedings in the appropriate court or tribunal.

Nothing in this clause prevents either party from seeking urgent interim relief where required.

9. Governing Law

These terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts and tribunals of Queensland.

10. Pricing & Payment Security

Quoted Projects: Require a 33% deposit, with balance due before launch.
Unquoted Work:
- Under $500: 7-day payment terms
- Over $500: 21-day payment terms

Late payments result in suspension of service and a $22 reactivation fee.

Card Security

DP Web Design does not store or process credit card data directly. Payments are handled by secure third-party gateways or via direct deposit.

11. Call-Out Fees

A call-out incurs a $122 fee (incl. GST), which covers the first hour from departure. Time after that is billed at $122/hour.

12. Domain & Hosting

Domain Registration

Once purchased, domain names are non-refundable unless we have not yet registered them. If we register the wrong name due to our error, we will refund in full.

Hosting

Annual payments only
No refunds once set up
We can consolidate billing if you have multiple services

Multi-Website Hosting Discount

Each additional CMS site is $55/year under these conditions:

Invoiced to the same entity
Same billing cycle
Same invoice

Separate invoicing voids the discount.

13. Hosting & Maintenance

We offer managed hosting on a high-performance server including:

Continuous off-site backups
Free restoration in case of hacks (DP-built sites only)
Software kept up-to-date

Hosting Uptime & Liability Cap

While DP Web Design endeavours to provide reliable hosting, 100% uptime is not guaranteed. Factors outside our direct control—including hardware failure, upstream network outages, power loss, cyber-attacks, or force-majeure events—may cause service interruptions. In the event of unplanned downtime, DP Web Design’s total liability is limited to a pro-rata refund of the hosting fees paid for the affected period.

We will not be liable for loss of profit, revenue, business opportunity or any other indirect or consequential damages arising from service interruptions.

Force Majeure

DP Web Design shall not be liable for any failure or delay in performing its hosting or support obligations where such failure or delay results from events beyond its reasonable control, including but not limited to acts of God, fire, flood, lightning, cyclone, pandemic, industrial disputes, civil commotion, war, government action, or failure of electricity or network services.

Open-Source & Third-Party Licences

Where the website relies on paid or subscription-based themes, extensions, modules or API services, renewal fees are the client’s responsibility unless otherwise stated in writing. DP Web Design will notify you prior to expiry; however, we are not liable for functionality loss resulting from an unpaid or lapsed licence.

Support & Maintenance Service Levels

Standard support hours are 9 am – 5 pm AEST, Monday to Friday (excluding Queensland public holidays). We aim to acknowledge support requests within one business day and to resolve or provide a progress update within three business days, unless otherwise agreed in a separate Service Level Agreement (SLA). “Emergency” requests outside these hours may incur a 25% after-hours surcharge and are handled on a best-effort basis.

If you're hosting elsewhere

We’re not responsible for downtime or issues
Help will be charged at the hourly rate

Maintenance Packages

Updates for Joomla core and extensions are included where possible. Paid extension updates are performed only with client approval.

14. Hacked or Compromised Sites

DP Web Design offers a Hosting & Security Package that includes protection, monitoring, and restoration in the event of a hacked or compromised website. Your level of protection and liability depends on your hosting arrangement:

Clients Using Our Hosting & Security Package

We will repair and restore your website at no charge if it becomes hacked or compromised, provided the issue is not the result of client-added or third-party content or code.
If the compromise is caused by a hosting-related issue under our control, DP Web Design will cover the full cost of restoration.

Outdated / End-of-Life Websites (e.g., Joomla 3)

Our Hosting & Security Package is designed to protect and maintain websites that are kept reasonably up to date. It does not cover hacks, compromises, malware clean-ups, or emergency restoration work where the website is running on an end-of-life, unsupported, or intentionally unmaintained platform (for example, Joomla 3), or where security updates have been declined or cannot be applied due to the site’s age or configuration.

If you choose to continue operating an outdated or unsupported website after we have recommended an upgrade, any remediation or restoration work will be billed at our standard hourly rate or may be covered by a support package, and may also require a platform upgrade as part of the resolution.

We may classify a site as “unsupported” where the core CMS or critical extensions are no longer receiving security updates from their developers.

Clients on Our Lower Hosting Plans (No Security Package)

Restoration is not included. You may either:
- Engage us at our standard hourly rate, or
- Purchase a support package to cover the work

Clients Using External Hosting Providers

DP Web Design is not responsible for any issues arising from third-party hosting environments.
If your site is hacked or goes down and you’re not on our Hosting & Security Package, restoration assistance is available at our standard hourly rate or through a support package, subject to availability.

To ensure proactive protection and fast recovery, we recommend the Hosting & Security Package for all live business websites.

15. Website Development Process

Stages

Pre-Development: Gather site structure and content
Development: Site build
Revisions: Up to 3 included, additional changes charged hourly

Timeframes

Clients are expected to provide content within 3 months of deposit. Delays beyond 12 months may require a revised quote.

Post-Completion

Final balance due before site launch
21-day grace period for minor fixes (spelling, broken links, etc.)
Support packages available after this period

Additional Terms

Credentials & Security

Clients are responsible for supplying and safeguarding all platform logins, API keys, payment-gateway credentials and similar sensitive information. We recommend using a secure password-manager; sending passwords via unencrypted email is discouraged. DP Web Design is not liable for breaches resulting from insecure credential handling by the client.

Rush & After-Hours Work

Requests requiring delivery within 48 hours, outside standard support hours (9 am – 5 pm AEST, Mon–Fri), or over public holidays may be subject to a 25% rush surcharge, subject to our availability and mutual agreement.

Data Retention & Deletion

Project files and backups are archived for 12 months following completion, after which they are securely deleted unless the client requests ongoing storage in writing. Retrieval of archived data may incur a handling fee.

16. Privacy Policy

DP Web Design (“we”, “us”, “our”) is committed to protecting your privacy and handling personal information in a responsible way.

This Privacy Policy explains how we collect, use, disclose, store and protect personal information when you interact with our website, services, and client portal.

1) What personal information we collect

Depending on how you interact with us, we may collect personal information including:

Identity and contact details: name, email address, phone number, business name and role/title.
Account and portal information: login details (such as username and encrypted password), account status, support package details, and work log information associated with your account.
Enquiry and service information: information you provide via contact forms, support requests, project briefs, and communications.
Business and billing details: business address, billing address, ABN (where applicable), invoicing details and other information required to provide quotes, invoices, and services.
Website usage information: IP address, browser/device details, and interactions with our site (for security, troubleshooting, and analytics).
Cookies and similar technologies: for sessions, security, and functionality (and where used, analytics).

We do not intentionally collect sensitive information (as defined under the Privacy Act) unless it is required and you consent, or it is otherwise permitted by law.

2) How we collect personal information

We may collect personal information when you:

contact us by phone, email or via website forms
purchase, request or use our services
create or use an account in our client portal (including viewing your support package work logs)
submit information required for quoting, billing, or service delivery
browse our website (via cookies/logs).

3) Why we collect and use personal information

We collect and use personal information to:

provide and manage our services (including support packages and the client portal)
authenticate logins and maintain account security
respond to enquiries and support requests
prepare quotes, issue invoices, and manage billing and payments
deliver projects (e.g., websites, hosting, domains, design work)
communicate with you about your services (including service notices and administrative updates)
maintain, improve and secure our website and systems
comply with our legal and regulatory obligations.

4) Disclosure of personal information

We may disclose personal information to third parties where necessary to deliver our services, including:

hosting and infrastructure providers
domain registrars
email service providers
payment processors and accounting systems (e.g., invoicing and bookkeeping platforms)
security, backup and monitoring providers
contractors or specialist service providers engaged to assist with service delivery (where required).

We take reasonable steps to only use reputable providers and to disclose only the information required to perform the relevant service.

We may also disclose personal information where required or authorised by law (for example, to comply with a lawful request).

5) Overseas disclosure

Some of our service providers (such as cloud, email, analytics, security, or software platforms) may store or process data outside Australia. Where this occurs, we take reasonable steps to ensure appropriate safeguards are in place consistent with this policy and applicable Australian privacy requirements.

6) Security of personal information

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification or disclosure. This may include access controls, authentication, encryption where appropriate, system monitoring, and secure backups.

However, no system can be guaranteed 100% secure. You are responsible for keeping your login credentials confidential and notifying us promptly if you suspect unauthorised access to your account.

7) Data retention

We keep personal information only for as long as reasonably necessary to provide our services, meet legal and accounting requirements, resolve disputes, and enforce our agreements. When information is no longer required, we take reasonable steps to de-identify or securely destroy it.

8) Access and correction

You may request access to the personal information we hold about you, and request corrections if you believe it is inaccurate, out of date, incomplete, irrelevant or misleading. Requests should be made in writing.

9) Complaints

If you have a complaint about how we handle personal information, please contact us in writing. We will respond within a reasonable timeframe and work with you to resolve the issue. If you are not satisfied with our response, you may contact the Office of the Australian Information Commissioner (OAIC).

10) Contact

For privacy enquiries, access/correction requests, or complaints, please contact DP Web Design via the contact details on our website.

17. Delivery Policy

Most work is delivered digitally via email, server, or direct download. Delivery via CD/DVD/USB can be arranged for a fee.

Websites are built from many files and require a web server to function. We do not generally provide raw workfiles unless requested.

18. Acceptable Use Policy & Indemnity

Acceptable Use Policy

You agree not to use our website, hosting, services, client portal, or any related systems in a way that is unlawful, harmful, or disruptive. This includes (but is not limited to):

Uploading, publishing, transmitting, or storing unlawful, infringing, or abusive content.
Sending spam, bulk unsolicited email, or running campaigns that breach anti-spam laws or industry standards.
Distributing malware, viruses, ransomware, phishing content, or attempting unauthorised access to any system.
Attempting to bypass security, user permissions, or authentication controls (including the client portal).
Excessive resource use that impacts server stability or other clients (including automated scraping, abusive bots, or misconfigured scripts).
Using our services to host or link to content that facilitates hacking, fraud, or harassment.
Providing access to your account to unauthorised parties, or failing to take reasonable steps to secure your login credentials.

If we reasonably believe this policy has been breached, we may suspend services, restrict access, or remove content as required to protect systems and other users. Where appropriate, we will attempt to notify you and work toward a resolution.

Indemnity

You agree to indemnify and hold DP Web Design harmless against any claims, losses, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from or related to:

Your breach of these terms.
Your use of our services, website, hosting, or client portal.
Your content, instructions, or materials (including any allegation that your content infringes copyright, trademarks, privacy rights, or other third-party rights).
Failure to comply with the Acceptable Use Policy above.
Any third-party claim arising from actions you take (or request us to take) that are unlawful or breach another party’s rights.