Terms of Service

These terms apply to services provided by The Web HQ (ABN 22 565 509 367) ("we", "us"). The full engagement terms for each project are set out in the written proposal you accept.

We may update these terms from time to time, and the latest version on this page applies from the date shown at the top. If a change materially affects you, we'll email you at least 30 days before it applies. If you don't accept it, you can end your care plan before then, and we'll waive the handover fee. Changes never alter the scope or price of a proposal you've already accepted.

Proposals and scope

Every project starts with a written proposal that sets out the scope and price. Work outside that scope is quoted separately and agreed in writing before it begins.

Payment

Project work is billed 50% on acceptance of the proposal and 50% at launch, unless otherwise agreed. Care plans and SEO are billed monthly in advance. All prices are in Australian dollars.

Your responsibilities

You agree to provide content, feedback and approvals promptly, as the project depends on them, and confirm that you have the right to use any content, images and trademarks you supply.

Ownership

You own your domain names, content and data. We register any domains in your business's name and give you a free export of your content and data whenever you ask. Work we create for you, such as copy, logos and graphics, is yours once paid for. Third-party fonts, images, plugins and code stay under their own licences, and we'll tell you which ones your site uses.

Shopify stores are transferred to your own Shopify account at launch.

While we host your website on a care plan, your business has a non-exclusive licence to use and update its design and code. If you sell the business, the licence goes with it at no cost.

You can take your website with you at any time. For the handover fee in your proposal (15% of the build price paid), we transfer ownership of its design and code to you in writing, with the code, access and a handover document. Moving hosting is quoted separately. We waive the fee if we end your plan, stop hosting or trading, or fail to provide your plan and don't fix it after you tell us.

Our reusable tools and components, and any other proprietary material or intellectual property of ours that wasn't created specifically for you, stay ours. You get a permanent, royalty-free licence to use and adapt them with your website, including after any handover.

If your proposal says otherwise, such as owning the code from launch, the proposal applies.

Showing our work

Once your website or brand work is public, we may show it in our portfolio, case studies and marketing, including your business name, logo and screenshots. If you'd rather we didn't, tell us in writing at any time. We'll stop using it in new material and take it off our website within 30 days. We never show anything confidential or not yet public.

Care plans

Every site we build is supported by a care plan from launch. Care plans run month to month with no fixed term, and either of us can end a plan with 30 days' written notice. For websites we host, the plan includes the hosting. When a plan ends, you choose a handover or for the site to go offline, and either way you get your content and data. If you haven't chosen, the site goes offline and we keep a copy for 60 days so a handover is still possible. We never hold back your domain, content or data over a dispute. Shopify stores are hosted by Shopify and stay live if a plan ends. Included time is for the current month only and does not roll over. We give 30 days' written notice of any price change, and you can end your plan before it applies.

SEO

Search engine rankings depend on factors outside our control. We do not guarantee specific rankings or traffic outcomes.

Liability

To the extent permitted by law, including the Australian Consumer Law, our liability for any claim relating to our services is limited to the fees paid for the services in question. Nothing in these terms excludes rights you have under the Australian Consumer Law.

Contact

Questions about these terms can be sent to hello@thewebhq.com.au.