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.

Dispute Resolution
If there’s any disagreement about pricing or services, both parties agree to attempt resolution through negotiation or mediation before pursuing legal action.

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. Cancellation Policy

Refunds

Within 7 Days: A full refund is available if no work has commenced.
After 7 Days: The deposit becomes non‑refundable once work has started.

Service Credit Option
Clients cancelling after 7 days may apply paid amounts to other DP Web Design services of equal or lesser value. No cash refunds for the difference.

Transferring Services
Pre‑paid services may be transferred to another business with written approval from both parties and DP Web Design.

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 14 (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

Ownership
We retain ownership of all original designs unless otherwise agreed in writing.

Client Usage
Clients receive a non‑exclusive, non‑transferable licence to use the design materials for the intended project only.

Restrictions
Clients may not modify, sell, or reuse any DP Web Design material for other projects without written permission.

Extended Usage
For broader use of any materials, please contact us to negotiate additional licensing.

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 12.

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. Governing Law

These terms are governed by the laws of Queensland, Australia.

Dispute Resolution
Disputes will be resolved via binding arbitration in Townsville, Queensland, following the rules of the Australian Centre for International Commercial Arbitration (ACICA). Arbitration decisions are final and not subject to appeal.

9. 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.

10. Call‑Out Fees

A call‑out incurs a $120 fee (incl. GST), which covers the first hour from departure. Time after that is billed at $120/hour.

11. 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.

12. 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.

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13. 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.

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.

14. 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.

15. Returns & Refunds

Domains: No refunds unless not registered yet
Hosting: No refunds after activation
Completed Work: No refunds once approved and invoiced, but post‑payment corrections within scope are free
Deposits:
- Refundable within 21 days (less 15% admin fee)
- No refund after 21 days or if work has started beyond deposit value

16. Privacy Policy

Data Protection
We protect all personal information submitted through our website and use it only for service delivery and internal communication.

Cookies
We may use cookies for session tracking and analytics. You can disable cookies in your browser, but it may affect functionality.

Access to Information
You may request a copy of your stored information. A small admin fee may apply. Contact us in writing for access or removal.

Third‑Party Links
We’re not responsible for the privacy practices of other sites you access via links on our website.

International Transfers
By using our site, you consent to your data being transferred internationally as part of web‑based communication.

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. Indemnity

You agree to hold DP Web Design harmless against any claims or losses arising from the following:

Breach of these terms
Your use of our services
Failure to comply with our Acceptable Use Policy