Legal

Terms of Service

These Terms of Service ("Terms") govern your engagement of WebbieWorks ("we", "us", "our") for website design, development, automation, workflow services, and related work. By engaging our services, you ("the Client") agree to be bound by these Terms in their entirety. Please read them carefully.

1. Services

1.1 Scope of Work

We provide website design, development, automation, and workflow services as outlined in the agreed project proposal or written agreement. The specific deliverables, features, and estimated timeline will be confirmed in writing prior to commencement.

1.2 Service Packages

Our packages and starting-point offerings are intended as a guide to how we structure engagements. They are not fixed binding scope commitments. The actual scope, deliverables, and pricing for each engagement will be confirmed through a proposal or written agreement. Any features, functionality, or services not included in that agreed scope will be quoted separately and are subject to additional fees.

1.3 AI-Powered Features

Our services may include AI chatbots, automated workflows, lead qualification tools, enquiry assistants, and other AI-powered features. While we make every effort to ensure these features perform reliably, AI systems are inherently probabilistic and may not produce accurate results in every interaction. We do not guarantee that AI chatbots will correctly handle 100% of enquiries. The Client acknowledges that AI models can occasionally produce inaccurate, unexpected, or incomplete responses. It is the Client's responsibility to review and monitor any AI outputs or chatbot interactions on their website. WebbieWorks is not liable for any financial losses, reputational damage, or disputes arising from inaccurate information provided by an AI system.

2. Project Timeline and Delivery

2.1 Estimated Timeline

Project timelines are estimated and agreed in writing prior to commencement. Timelines depend on factors including project scope and complexity, the responsiveness of the Client, the volume and nature of revisions requested, third-party dependencies, and the availability of required assets and approvals. Estimated timelines are not guarantees and may be adjusted where circumstances reasonably require it.

2.2 Client Responsibilities

Timely delivery depends on the Client providing the following in a reasonable timeframe:

Delays caused by the Client's failure to provide required materials or timely feedback will extend the project timeline accordingly. WebbieWorks is not liable for delays resulting from Client inaction.

3. Payment Terms

3.1 Pricing

All prices are quoted in Australian Dollars (AUD) and are inclusive of GST where applicable. Pricing for each engagement is agreed in writing through a proposal or other written agreement prior to commencement. Website package listings are indicative starting points only and do not constitute fixed pricing commitments.

3.2 Payment Schedule

Unless otherwise agreed in writing, payment is structured as follows:

Where ongoing services are agreed — such as support, hosting, AI or API usage, maintenance, or optimisation — these will be separately scoped and billed as specified in the relevant agreement. No ongoing recurring charges will apply unless explicitly agreed in writing.

3.3 Late Payment

Invoices are due within 7 days of issue. Late payments may incur interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend or pause work on any project with overdue payments until the account is brought up to date.

3.4 Additional Costs

The following costs are not included in our standard engagements and are the Client's responsibility unless otherwise agreed:

4. Revisions and Changes

4.1 Included Revisions

Each project includes a reasonable number of revision rounds as agreed in the project proposal. A revision round is defined as a single consolidated set of feedback provided by the Client. Feedback should be compiled into a single communication rather than sent piecemeal.

4.2 Additional Revisions

Revisions beyond the agreed rounds will be billed at our standard hourly rate, which will be communicated to the Client before any additional work is undertaken.

4.3 Scope Changes

If the Client requests features, functionality, or changes that fall outside the originally agreed scope of work, these will be treated as a separate or additional engagement. We will provide a written quote for the additional work, and no work will proceed until the Client approves it in writing. Scope changes may also affect the project timeline and overall cost.

5. Support and Maintenance

5.1 Launch and Handover Support

Where specified in the project proposal or written agreement, a period of launch and handover support may be included following delivery. The nature and duration of any included support will be confirmed in writing for each engagement. No default support period applies unless explicitly agreed.

Where included, launch support generally covers:

5.2 What Is Not Included Unless Agreed

The following are not included in any engagement unless explicitly agreed in writing:

5.3 Ongoing Support and Services

Ongoing support, maintenance, hosting, AI or API usage, optimisation, and related services may be offered as separate paid arrangements following project delivery. These will be scoped, priced, and agreed in writing on a case-by-case basis. Either party may end an ongoing arrangement with 30 days' written notice, unless a different notice period has been agreed.

5.4 Major Changes After Launch

Requests for significant changes after launch — including new page designs, additional features, structural redesigns, new integrations, or new functionality — are treated as separate projects. We will provide a written proposal and quote for any such work. No major changes will proceed without written agreement from both parties on scope, timeline, and cost.

6. Intellectual Property

6.1 Client Content

The Client retains all ownership rights to content, logos, images, and materials they provide to us. The Client warrants that they have the right to use all materials provided and that such materials do not infringe on any third party's intellectual property rights.

6.2 Website Deliverables

Upon receipt of full payment, the Client is granted a non-exclusive, perpetual licence to use the website and all custom design elements, code, and assets created by WebbieWorks for the project. We retain the right to reuse general techniques, code patterns, and non-proprietary components in future projects.

6.3 Third-Party Assets

Websites may include third-party fonts, libraries, plugins, or assets that are subject to their own licence terms. The Client is responsible for maintaining compliance with any applicable third-party licences.

6.4 Portfolio Rights

We reserve the right to showcase the completed project in our portfolio, case studies, and marketing materials unless the Client explicitly requests otherwise in writing prior to project commencement.

7. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information exchanged during the engagement, including but not limited to business strategies, customer data, pricing information, and technical details. This obligation survives the termination of the engagement and remains in effect indefinitely.

8. Limitation of Liability

8.1 Service Disclaimer

Our services are provided "as is" and "as available." While we strive for quality, we do not warrant that:

8.2 Liability Cap

To the maximum extent permitted by Australian law, our total liability to the Client for any claims arising from or related to our services shall not exceed the total amount paid by the Client for the specific project giving rise to the claim.

8.3 Exclusion of Consequential Damages

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, or loss of goodwill, whether arising from contract, tort, negligence, or otherwise, even if we have been advised of the possibility of such damages.

8.4 Client Responsibility

The Client is solely responsible for:

9. Indemnification

The Client agrees to indemnify, defend, and hold harmless WebbieWorks, its owners, employees, and contractors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:

10. Termination and Cancellation

10.1 Cancellation by Client

The Client may cancel the project at any time by providing written notice. In the event of cancellation:

10.2 Cancellation by WebbieWorks

We reserve the right to terminate the engagement if:

In the event of termination by WebbieWorks, the Client will be invoiced for all work completed to date.

10.3 Dormant Projects

If a project becomes inactive due to Client non-responsiveness for more than 30 days, we reserve the right to archive the project. Reactivation of a dormant project may be subject to a re-onboarding fee and a revised timeline based on our current availability.

11. Website Hosting and Domain

Unless explicitly included in the project proposal, we do not provide hosting or domain registration services. The Client is responsible for securing and maintaining their own hosting and domain. We can provide recommendations and assist with setup as part of project delivery.

We are not responsible for website downtime, data loss, or security breaches resulting from the Client's hosting provider or domain registrar.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform obligations under these Terms due to events beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, power failures, or acts of terrorism.

13. Dispute Resolution

In the event of a dispute arising from these Terms or our services:

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with any project proposal or written agreement, constitute the entire agreement between the Client and WebbieWorks. They supersede all prior discussions, agreements, or representations, whether oral or written. Any modifications to these Terms must be agreed upon in writing by both parties.

16. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Existing projects will continue to be governed by the Terms in effect at the time of engagement unless both parties agree to updated Terms in writing.

17. Contact Us

If you have any questions about these Terms, please contact us:

WebbieWorks
Based in Sydney, NSW — working with businesses across Australia
Email: contact@webbieworks.io