Terms of service

Terms of Service

Last Updated: 2nd June 2026

Business days means Monday to Friday, excluding public holidays in New South Wales, Australia.

1. Services Overview

1.1 Ongoing Website and Design Services

Monthly service provides ongoing website design, development, and optimisation support.

  • One active request at a time

  • Requests completed in sequence

  • Average turnaround 48 hours per task

  • Month to month billing

  • Includes design, updates, and improvements

1.2 Project-Based Services

One off projects quoted individually.

  • Scope and deliverables defined before work begins

  • Timeline agreed before commencement

  • Revision limits outlined in proposal

2. Service Terms

2.1 Monthly Services

  • Month-to-month subscription with no minimum commitment

  • 14-day notice required for cancellation

  • Subscription pausing available with 14-day notice

  • Unused time does not roll over to next month

  • Services non-transferable to other parties

2.2 Project Services

  • 50 percent deposit required to begin

  • Remaining balance due before final delivery

  • Timeline begins once deposit and all required materials are received

  • Additional fees apply for rushed work

3. Scope of Work

3.1 Included Services

  • Website design and development

  • Landing pages

  • Website updates and improvements

  • Conversion optimisation

  • Basic branding and UI design

3.2 Excluded Services

  • Copywriting unless agreed

  • Photography or video production

  • Advanced custom software or app development

  • Third party software costs or subscriptions

4. Client Responsibilities

4.1 Required Inputs

  • Clear project brief

  • Content and copy

  • Brand assets if available

  • Timely feedback and approvals

4.2 Communication

  • One main point of contact

  • Feedback provided within 3 business days

  • Clear and consolidated revision requests

If client feedback, content, approvals, or access are delayed by more than 3 business days, the project timeline will be extended. HVB Designs may charge an administration or rescheduling fee of $50 per business day where delays cause project disruption, missed deadlines, or additional project management time. Any fee will be discussed with the client before being applied.

5. Intellectual Property

5.1 Ownership

  • Full ownership of final deliverables transfers upon full payment

  • HVB Designs retains ownership of unused concepts

  • Work may be displayed in portfolio unless agreed otherwise

  • Client responsible for trademark/copyright research

5.2 Third Party Assets

  • Client is responsible for ensuring rights to all supplied content

  • Any third party tools, fonts, or plugins may have separate licenses

6. Revisions and Amendments

6.1 Monthly Services

  • Unlimited revisions within scope

  • New direction or major changes count as new requests

6.2 Project Work

  • Revisions limited to agreed scope

  • Additional revisions charged separately

7. Payments

7.1 Monthly Payments

  • Billed monthly in advance via Stripe

  • Failure to pay will pause all work

  • Access to services resumes once payment is received

7.2 Project Payments

  • 50 percent upfront

  • 50 percent before final delivery

  • Late payments may delay delivery

8. Cancellations and Termination

8.1 Monthly Services

  • 14-day written notice required before cancellation

  • No refunds for partial months

  • Work completed up to cancellation remains billable

8.2 Project Work

  • If cancelled, all completed work must be paid for

  • Deposit is non refundable once work begins

9. Confidentiality

  • All client information is kept confidential

  • Information is not shared without consent

  • This obligation continues after the project ends

10. Website Security, Downtime, and Maintenance

10.1 No Guarantee Against Downtime or Security Issues

  • HVB Designs will provide services with due care and skill.

  • HVB Designs does not guarantee that any website, hosting account, domain, plugin, third-party tool, email system, form, integration, or platform will be uninterrupted, error-free, fully secure, or immune from hacking, malware, spam, outages, data loss, or unauthorised access.

10.2 Client Responsibility After Handover

  • Once a website has been delivered, launched, transferred, or handed over, the client is responsible for the ongoing management, security, monitoring, updates, backups, renewals, passwords, user access, hosting, domain, DNS, email, and third-party accounts unless a written maintenance agreement is in place.

  • If the client chooses not to engage HVB Designs for ongoing maintenance, HVB Designs is not responsible for issues that occur after handover, including website downtime, broken functionality, hacking, malware, platform changes, expired domains, unpaid hosting, plugin conflicts, or third-party failures.

10.3 Maintenance Plans

  • Ongoing monitoring, backups, security checks, plugin updates, CMS updates, uptime checks, malware removal, emergency support, and technical maintenance are not included unless expressly stated in the proposal, subscription, or maintenance agreement.

  • If maintenance is included, it only applies to the specific items listed in the agreement.

  • Maintenance does not guarantee that a website will never be hacked, go offline, experience bugs, lose data, or be affected by third-party issues.

10.4 Client Access and Account Security

  • The client is responsible for keeping all usernames, passwords, two-factor authentication codes, recovery emails, domain accounts, hosting accounts, website admin accounts, and third-party accounts secure.

  • HVB Designs is not responsible for unauthorised access, hacking, downtime, data loss, or damage caused by weak passwords, shared logins, compromised accounts, client staff access, third-party access, phishing, malware on client devices, or failure to follow security recommendations.

10.5 Hosting, Domains, DNS, and Email

  • The client is responsible for maintaining active hosting, domain registration, DNS settings, SSL certificates, email accounts, and payment details unless agreed otherwise in writing.

  • HVB Designs is not responsible for downtime, loss of email, loss of website access, broken DNS records, expired domains, unpaid hosting, registrar issues, SSL issues, or platform restrictions caused by third-party providers or client-managed accounts.

10.6 Third-Party Platforms and Tools

  • Websites may rely on third-party platforms and services including Framer, Webflow, WordPress, Shopify, Vercel, hosting providers, domain registrars, payment processors, analytics tools, booking tools, form tools, plugins, fonts, APIs, and integrations.

  • HVB Designs is not responsible for outages, bugs, pricing changes, policy changes, discontinued services, security incidents, plugin conflicts, integration failures, account suspensions, data loss, or service limitations caused by third-party platforms or tools.

10.7 Backups and Data Loss

  • The client is responsible for maintaining backups of website content, customer data, business data, media, files, and account access unless backup services are expressly included in writing.

  • HVB Designs is not responsible for data loss, deleted files, lost content, corrupted backups, platform errors, user mistakes, third-party failure, or lack of backups after handover.

10.8 Hacks, Malware, and Emergency Fixes

  • If a website is hacked, infected with malware, taken offline, blacklisted, or otherwise compromised, HVB Designs may assist where available.

  • This work is treated as additional billable work unless the issue was directly caused by HVB Designs’ proven negligence during an active paid service period.

  • HVB Designs does not guarantee recovery of lost data, restoration of full functionality, removal of all malware, search engine reinstatement, or prevention of future attacks.

10.9 Client Changes and Third-Party Changes

  • HVB Designs is not responsible for issues caused by changes made by the client, client staff, other contractors, third-party developers, hosting support teams, plugin updates, theme updates, platform updates, or any person outside HVB Designs.

  • If HVB Designs is asked to investigate or repair issues caused by outside changes, this work will be quoted or billed separately.

11. Limitation of Liability

11.1 General Limitation

  • To the maximum extent permitted by law, HVB Designs is not liable for indirect loss, loss of income, loss of revenue, loss of profit, loss of business opportunity, loss of goodwill, loss of data, website downtime, email downtime, advertising loss, search ranking loss, third-party platform issues, security incidents, or business interruption.

11.2 Liability Cap

  • To the maximum extent permitted by law, HVB Designs’ total liability for any claim related to a project, subscription, service, website, or deliverable is limited to the amount paid by the client to HVB Designs for the specific service giving rise to the claim.

11.3 No Business Outcome Guarantee

  • HVB Designs does not guarantee specific business results, including leads, sales, conversions, enquiries, bookings, revenue, search rankings, traffic, page speed scores, or advertising performance.

  • Website performance depends on factors outside HVB Designs’ control, including the client’s offer, pricing, reputation, market demand, traffic sources, advertising, sales process, content, follow-up, and third-party platforms.

11.4 Australian Consumer Law

  • Nothing in these terms excludes, restricts, or modifies any right, remedy, guarantee, or protection that cannot be excluded under Australian Consumer Law.

12. Client Indemnity

The client agrees to indemnify HVB Designs against claims, losses, damages, costs, expenses, or legal issues arising from:

  • client-supplied content, images, copy, logos, fonts, files, or materials

  • copyright, trademark, privacy, or licensing issues in materials supplied by the client

  • changes made by the client or third parties after handover

  • client-managed hosting, domains, plugins, tools, accounts, passwords, or integrations

  • the client’s failure to maintain security, backups, renewals, updates, or access control

  • use of the website in a way that breaches laws, platform rules, or third-party rights

13. Data Breaches and Privacy Incidents

  • If a website, form, platform, account, or third-party tool experiences a suspected data breach, the client is responsible for assessing and meeting any legal notification, privacy, regulatory, or customer communication obligations unless HVB Designs has expressly agreed in writing to provide data breach response services.

  • HVB Designs may assist with technical investigation or repair where available, but this work will be treated as additional billable work unless the breach was directly caused by HVB Designs’ proven negligence during an active paid service period.

14. No Ongoing Obligation Without Active Agreement

  • HVB Designs has no ongoing obligation to monitor, maintain, secure, update, repair, back up, or manage a website after project completion unless an active paid maintenance, support, or subscription agreement is in place.

15. Force Majeure

  • HVB Designs is not responsible for delays, downtime, failure to deliver, or service interruptions caused by events outside its reasonable control.

  • This includes internet outages, hosting outages, platform failures, cyberattacks, power outages, natural disasters, illness, government action, supplier issues, domain registrar issues, payment processor issues, third-party platform changes, or other events beyond reasonable control.

16. Support Response Times

  • Any stated turnaround times are estimates only unless expressly guaranteed in writing.

  • Emergency support is not included unless agreed in writing.

  • HVB Designs does not guarantee immediate response, same-day repair, after-hours support, or uninterrupted availability.

17. Acceptance Before Launch

  • The client must review and approve the website before launch or handover.

  • Approval means the client accepts that the website has been reviewed and is ready for launch, subject only to minor fixes or agreed post-launch support items.

  • Any new requests after approval may be quoted separately.

18. Changes to Terms

  • HVB Designs may update these terms from time to time.

  • The terms that apply to a project are the terms in place at the time the proposal, quote, subscription, or service agreement is accepted.

  • Updated terms apply to future projects, renewals, subscriptions, and new services unless otherwise agreed in writing.

Contact Information

HVB Designs / hello@hvbdesigns.com

By engaging our services, you agree to these terms and conditions.

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