Web Development Services - Terms & Conditions
Last modified on 23 Feb, 2025
This Terms of Service (this “Agreement”, “Terms”) is between The Front Digital Pty Ltd. (“we”, “us”, “Developer” or “Contractor”) and the Client (“you”, “User” or “Customer”) using our services (“Services” or "Service"). You may choose us to provide you with professional services to help you create websites, manage their content, perform SEO and Marketing and customization as well as hosting services and domains.
Listed below are the terms and conditions for using our professional services. They are necessary in order to maintain good practice and protect us and yourselves.
What all professional services do we provide?
We provide professional services to help you create websites, manage their content, perform SEO and Marketing and customization as well as hosting services and domains.
What is the scope of work?
The scope of work includes the services we provide to you, including but not limited to web development, SEO, marketing, and customization. The scope of work may be modified or amended by mutual agreement between the parties in writing. The scope of work document is provided to the Client at the start of the project and is subject to change as the project progresses. The scope of work document will include a detailed description of the services to be provided, the timeline for completion, and the fees associated with the services. The scope of work document will also include any additional terms and conditions that may apply to the project. The scope of work document is an integral part of this Agreement and is incorporated by reference into this Agreement.
What asets and resources must be provided by the client?
The Client will provide the Developer with necessary assets and resources to complete the project, including but not limited to listed below. In case the client is unable to provide any of the assets or resources listed below, the Developer will create the assets and resources on behalf of the Client and charge the Client for the creation of the assets and resources. The Developer will not be liable for any damages or losses incurred by the Client as a result of the Client’s failure to provide the necessary assets and resources.
Company Logo
The Client will provide the Developer with a high-resolution version of the company logo in a format that is suitable for use in the project. The Client will also provide the Developer with any necessary branding guidelines or style guides.
Content
The Client will provide the Developer with all necessary content for the project, including but not limited to text, images, and videos. The Client will also provide the Developer with any necessary documentation or training to use the content.
Domain Name and DNS Settings
The Client will provide the Developer with the domain name and DNS settings for the project. In case the Client does not have a domain name, the Developer will register the domain name on behalf of the Client and charge the Client for the registration of the domain name. The Developer will not be liable for any damages or losses incurred by the Client as a result of the Client’s failure to provide the necessary domain name and DNS settings.
Access to third-party software or services
The Client will provide the Developer with access to any necessary third-party software or services that are required to complete the project.
Website Hosting and Maintenance
The Front Digital Pty Ltd, works on following web hosting platforms. Client will have the choice and will suggest to the Developer the hosting provider to be used for the project. The Developer will assist the Client in selecting a hosting provider. The hosting provider must be selected at the start of the project. Any chamges to the hosting provider after the start of the project involves re-work and will be charged to the Client. The Developer will not be liable for any damages or losses incurred by the Client as a result of the Client’s failure to provide the necessary hosting provider.
WordPress Websites
Developer to provide the hosting and maintenance of the website. The Client will be charged for the hosting and maintenance of the website. The Developer may share the login details of the hosting account with the Client BUT THAT INCREASES THE RISK OF WEBSITE CORRUPTION. Any changes to the website can be managed by the Developer or Client
Web Builder softwares like GoDaddy, Shopify, Symly, Squarespace etc.
Developer to provide the hosting and maintenance of the website. The Client will be charged for the hosting and maintenance of the website. The Developer may share the login details of the hosting account with the Client BUT THAT INCREASES THE RISK OF WEBSITE CORRUPTION. Any changes to the website can be managed by the Developer or Client
Bespoke HTML5 / ReactJS / NextJS Websites
The Front Digital Pty Ltd, works on A.W.S, platform only. The Websites will be hosted on A.W.S, the Developer will managed the hosting and maintenance of the website. The Client will be charged for the hosting and maintenance of the website. The Developer will not share the login details of the hosting account with the Client. Any changes to the website will be managed by the Developer. The Client will be charged for the changes to the website.
Technology and Tools used in the project
The Developer will have independence to use the technology and tools of its choice to complete the project. The Developer will also have the right to use any third-party software or services that are necessary to complete the project.
Disclosing the Technology and tools used in the project:
The Developer will disclose to the Client the technology and tools used in the project very briefly in the Scope of Work document. The Developer will also provide the Client with any necessary documentation or training to use the technology and tools.
Ownership of the Technology and tools used in the project:
The Developer will retain ownership of any technology and tools used in the project, including but not limited to software, hardware, and documentation. The Client will have a non-exclusive, non-transferable license to use the technology and tools for the duration of the project.
Liability for third-party software:
The Developer will not be liable for any damages or losses incurred by the Client as a result of using third-party software or services. The Client will be responsible for any fees associated with third-party software or services.
Evaluation, Acceptance and Completion
As Developer completes each stage of the project, Developer will submit the completed materials to the Client for approval. The client will have three business days to approve the completed materials or provide corrections and comments. The developer will have ten business days after receiving the Client’s comments and corrections to submit a revised version of the materials to the Client. The client will review the revised version within one business day of receipt and either approve the corrected version or suggest further changes. If the Client fails to provide approval or comments during any of the approval periods, those materials will be considered to be approved.
The developer shall have fulfilled its obligations when:
Developer accomplishes the activities described within this Scope of work, including delivery to the Client of the materials listed in the Section entitled “Deliverables”, and Client accepts such activities and materials without unreasonable objections.
When the client is not responsive:
No response from the Client within two working days of deliverables being delivered by the Developer is deemed acceptance.
Service Agreement Cancellation
This Service Agreement may be cancelled by either party at any time with thirty (30) days written notice.
What is the refund policy if the service agreement is cancelled?
If the Client cancels the service Agreement, the Client will be responsible for all labour, time , material and third party fees incurred up to the date of cancellation. If Developer cancels the service Agreement, Developer will refund any fees paid by the Client for services not yet provided. However the advance payment for the work already done by the developer and the services will not be refunded. The Developer will not be liable for any damages or losses incurred by the Client as a result of cancellation.
Example: Client engages the Developer for building a website in ReactJS, hosted on AWS. Developer is requested to register domain , SSL certificate and hosting on behalf of the Client.
Client pays 50% advance in the beginning , plust $50 for domain name and hosting. If the Client cancels the service Agreement and the website is 50% complete, the Client will be charged for the work done by the Developer and the domain name and hosting fees. The Client will not be refunded for the advance payment. The Developer will not be liable for any damages or losses incurred by the Client as a result of cancellation.
Intellectual Property Ownership & Infringement
This section outlines the ownership of content, responsibilities around legal rights, and protections for both the Client and Developer regarding intellectual property used in the project.
Ownership of Content
The Client will own the website content and any visuals provided by the Developer. The Developer will host and maintain the website and related components on servers and databases they own.
Client’s Responsibility
The Client guarantees that they have legal rights to all elements of text, photographs, and other content provided to the Developer, and agrees not to hold the Developer responsible for any third-party claims.
Developer’s Responsibility
The Developer guarantees that they have legal rights to all elements they provide as part of their services and agrees not to hold the Client responsible for any third-party claims.
Use of Third-Party Materials
If the Developer uses any material proprietary to a third party, they will obtain the necessary licenses, including the right to sublicense. The Client agrees to cover any license costs associated with their project.
Non-Infringement of Patents
The Developer will not knowingly infringe upon any existing third-party patents during the execution of the services outlined in this agreement.
Client Warranties
The Client warrants that they have or will obtain all necessary rights and licenses to grant the Developer the right to use their content for the site, and any authorizations needed for external links.
Indemnification of Developer
The Client agrees to indemnify the Developer from any claims, losses, or legal fees arising from a breach of the Client’s warranties. The Developer must promptly notify the Client of any claims and cooperate in the defense, while the Client retains control over such proceedings.
Variations and Changes
This section outlines the procedures for handling change requests and revisions to the scope of work, including timelines, approvals, and the impact on project terms.
Post-Acceptance Change Requests
If the Client requests changes after accepting a completed stage of work, they must submit a written proposal specifying the desired revisions. The Developer will evaluate the proposal at their standard rates.
Developer Evaluation and Response
The Developer will respond in writing within 10 working days, outlining the impact of the proposed changes on pricing, delivery, or warranties. The Client then has 10 business days to accept or reject the response in writing.
Amendment Agreement
If the Client accepts the proposed changes, the Developer will draft a Contract Amendment Agreement. Work on the changes will begin only after this agreement is signed by authorized representatives of both parties.
Rejection of Change Proposal
If the Client rejects the Developer’s response to the change proposal, the Developer will not be obligated to perform any work beyond the scope defined in the original agreement.
Pre-Completion Scope Changes
If the Client requests scope changes before a stage of development is completed, they must provide a written change request including a description, rationale, and expected impact on the project.
Investigation and Authorization
The Developer and Client will mutually agree on any charges for investigating the change request. If authorized, the Developer will conduct an investigation and invoice the Client for the agreed charges.
Impact Review and Change Authorization
Once the investigation is complete, both parties will review the findings. If they agree on the changes and terms, a Change Authorization will be signed. Work will commence upon signing of the Contract Amendment Agreement.
Website Credits and Links
This section outlines the Developer’s rights to include discreet credits and mutual links between the Client’s and Developer’s websites.
Credit on Client Website
The Developer may include a discreet statement in the site footer indicating that they developed the website. This credit may include a hypertext link to the Developer’s website.
Showcasing Client Work
The Developer may include links on their own website directing to the Client’s website as an example of their work.
Dispute Resolution
This section outlines how disputes and breaches of contract will be handled between the Client and the Developer.
Notice and Cure Period
If either party alleges a breach of contract, the accused party will have 30 days to address and remedy the breach.
Jurisdiction
Any disputes arising from this agreement will be determined by the courts having jurisdiction in the State of Victoria, Australia, and in accordance with the laws in force in that state.
Disclaimers and Limitations of Liability
This section limits the types of damages either party may be liable for, and outlines exclusions related to third-party delays and unforeseen circumstances.
Exclusion of Remote Damages
Neither party will be liable for breach-of-contract damages that are remote, speculative, beyond their control, or not reasonably foreseeable at the time of agreement.
Developer Liability Exclusions
The Developer will not be liable for any delays in project timelines caused by third-party dependencies, delays in receiving inputs from the Client, or other uncontrollable circumstances.
How can you contact us about this policy / notice?
If you have any questions or concerns about the privacy policy please contact us.