These terms apply to website design and development services provided under the Star Digital AI Marketing brand. Read them together with your accepted proposal, which identifies the contracting service provider, project scope, fees and deliverables.
1 Accepting your project
You accept these terms and the proposal when you send written confirmation instructing us to proceed, including a “please proceed” response. The person accepting on your behalf must have authority to engage us.
2 Fees and deposit
A deposit of 50% of the total project fee is due when you instruct us to proceed. We may defer commencing work until the deposit has been paid in full.
The remaining 50% becomes payable when the agreed work is completed to your reasonable satisfaction and approved, or deemed approved, under the review process below.
Once work begins, the deposit is applied to the project. A change of mind does not automatically entitle you to a refund. Any cancellation payment or refund will take account of work completed, costs properly committed for your project and your rights under applicable law.
3 Materials you provide
You must provide the information and materials we reasonably need to complete the agreed work. These may include approved written content, photographs, logos, brand assets, product information and relevant account access.
If a delay in supplying these materials affects progress, we may reasonably extend the project timeframe. If missing materials prevent further work, we may invoice for the part of the agreed work already completed, taking account of payments already received.
4 Revisions and changes to scope
You may request design revisions within the agreed project scope. We may limit the number of design proposals to a reasonable amount, subject to any revision allowance specified in your proposal.
Additional designs, new functionality or changes to the original specification may require additional fees and time. We will explain the proposed change, price and effect on the schedule, and obtain your written agreement before carrying out work outside the agreed scope.
5 Project timing and your contact person
Project estimates depend on timely access to final content, materials, approvals and feedback. Please appoint one authorised contact to consolidate your feedback and make decisions. During active development, that person should be available each working day to help the project progress.
If required feedback or approvals are delayed, we will explain any resulting change to the delivery schedule.
6 Reviewing and approving the work
We will notify you when the completed work is ready for review. You have 48 hours from that notification to identify in writing any aspects that do not meet the agreed scope. Please describe each issue clearly so we can assess and address it.
If you do not raise an issue in writing during that period, the work will be treated as approved for project completion and invoicing. Approval does not waive any right concerning defects or services that do not meet applicable legal requirements.
Requests for additional features or changes beyond the agreed scope are handled under the variations clause.
7 Resolving requested revisions
We will review concerns raised within the review period and address work that does not meet the agreed scope. If we reasonably consider a rejection to be inconsistent with that scope, we will explain our position and give you a reasonable opportunity to resolve the issue.
If the issue remains unresolved, we may end the project and seek payment for work properly completed, after allowing for amounts already paid and any remedy you are entitled to by law.
8 Final payment
We will invoice the remaining 50% when the work is approved or the 48 hour review period ends without any issues being raised. If you raise an issue within that period, completion and payment will be addressed through the review and revisions process above.
9 Rights to materials you supply
You must obtain the permissions and licences required to use any text, images, logos, trade marks, names, software or other materials you supply for the website or application.
To the extent permitted by law, you indemnify us against third party claims to the extent caused by your failure to obtain those rights or by unlawful content you supply. This does not apply to loss caused or contributed to by our breach, negligence or unlawful conduct.
10 Licence to use the website
Once all project fees are paid, we grant you a licence to use the completed website and the software and content we are entitled to license for the life of the website. This clause does not assign ownership of all underlying code or other intellectual property.
Third party software, themes, plugins, fonts, images and other assets remain subject to their applicable licences. Any specific ownership transfer, access arrangements or ongoing licence costs must be recorded in your proposal or otherwise agreed in writing.
11 Search visibility
Your website will include the SEO foundations specified in the agreed project scope. Website design and development does not guarantee a particular search ranking, traffic level, lead volume or sales result.
Ongoing SEO and AI Search Optimisation are separate services unless expressly included in your proposal. We do not guarantee that a search engine or AI platform will index, rank, display or reference your website.
12 Delays and consequential loss
To the extent permitted by law, we are not liable for consequential loss arising from a delay in completing the project. This clause does not exclude liability that cannot lawfully be excluded or reduce any applicable consumer guarantee or remedy.
13 Consumer rights and liability
Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.
Where the law permits a limitation of liability for a failure to meet a statutory guarantee, our liability is limited, at our option, to supplying the affected services again or paying the reasonable cost of having them supplied again. This limitation applies only where it is lawful and fair and reasonable to rely on it.
14 Confidentiality
We will keep your confidential information confidential and use it only as required to deliver the agreed services. We may disclose it to personnel or service providers who need it for that purpose and are subject to appropriate confidentiality obligations, with your permission, or where disclosure is required by law.
15 Website backups
You are responsible for maintaining appropriate backups of your website and data unless an agreed service expressly assigns that responsibility to us. We are not responsible for restoring your data or website except where the loss arises from our negligence, breach of an agreed backup obligation or another liability that cannot lawfully be excluded.
16 Browser compatibility
We aim to make your website work across current, commonly used versions of Chrome, Safari, Firefox and Microsoft Edge, subject to any specific browser requirements in your proposal. Third party extensions may have different levels of browser support. Support for older browsers or unusual configurations must be agreed as part of the scope.
17 Ecommerce responsibilities
You are responsible for the legality of the products, services and business information offered through your website, including relevant customer policies, product claims, taxes and trading obligations.
To the extent permitted by law, you indemnify us against third party claims and losses to the extent caused by your unlawful operation of the online business or breach of these obligations. This does not apply to loss caused or contributed to by our breach, negligence or unlawful conduct.
Questions about your project
Contact Star Digital AI Marketing on 1300 928 199 or email info@stardigital.com.au if you would like us to explain your project scope, payment schedule or these terms.