Terms & Conditions

1. Overview

These terms govern all web development, design, and hosting services provided by Babayagas Web Designs (ABN pending), operated by Dane ("I", "me", "my") to you ("the client", "you", "your"). By engaging my services, you agree to these terms.

2. Quotes & Scope of Work

All projects begin with a written quote outlining the agreed scope of work, including the number of pages, features, and deliverables. The quote is valid for 30 days from the date issued.

Any work requested beyond the original scope (additional pages, new features, functionality not included in the quote) will be quoted separately and requires approval before work begins.

3. Payment Terms

Deposit: A 50% deposit is required before any work begins. Work will not commence until the deposit is received.

Final payment: The remaining 50% is due upon project completion, before the website is deployed to its live domain. "Completion" means the agreed deliverables have been built and all included revision rounds have been used or the 30-day revision window has expired.

Monthly services: Hosting and maintenance fees are billed monthly in advance. Payment is due within 7 days of the invoice date.

Accepted methods: Bank transfer, PayPal, or other methods agreed in writing.

Late payment: If a monthly payment is more than 14 days overdue, I reserve the right to suspend hosting services until the account is brought current. See Section 8 for details on service termination.

4. Revision Rounds

Each package includes a set number of revision rounds (Starter: 2, Professional: 5).

What counts as one round: One consolidated batch of feedback submitted in a single message or document. I action all requested changes, then return the updated site to you for review. That exchange constitutes one round.

What is not a revision: Requests for new pages, features, or functionality outside the original scope. These are quoted and billed separately.

Expiry: Unused revision rounds expire 30 days after the initial build is delivered to you for review. After this period, further changes are billed at my standard hourly rate or quoted as a new scope item.

5. Timelines & Delivery

Estimated timelines are provided in good faith but are not guaranteed. Delays caused by late feedback, missing content, or scope changes from the client will extend the timeline accordingly.

I will keep you informed of progress throughout the build and notify you promptly of any significant delays on my end.

6. Intellectual Property & Code Ownership

Your content: You retain full ownership of all text, images, logos, and other content you provide for the project.

Website code: Once the project is paid in full (deposit + final payment), ownership of the custom code written for your project transfers to you. You are free to move it to another host or developer at any time.

Portfolio rights: I reserve the right to display the completed project in my portfolio and marketing materials unless you request otherwise in writing.

Third-party assets: Any third-party libraries, fonts, or tools used in the build remain subject to their own licences. I will only use assets that permit commercial use.

7. Hosting & Maintenance

Websites built by me are hosted on my dedicated VPS infrastructure. The Hosting & Maintenance plan (A$149/month) covers server hosting, SSL management, backups, security updates, uptime monitoring, business email hosting (if applicable), and minor content updates (up to 2 per month).

Hosting-only option: If you don't require full maintenance, a hosting-only plan is available from A$49/month. This covers server hosting, SSL, and automated backups only — no support, updates, or email hosting.

Uptime: I target 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance where possible.

Backups: Automated weekly backups are maintained. In the event of data loss, I will restore from the most recent available backup. I am not liable for data loss beyond what backups can recover.

8. Cancellation & Service Termination

Cancelling a project: See the Refund Policy for details on cancellations and refund eligibility.

Cancelling hosting/maintenance: You may cancel monthly hosting or maintenance at any time by giving 14 days written notice (email is fine).

After cancellation: Your website will remain live for 60 days from your last paid month. During this grace period you can:

• Switch to the hosting-only plan (A$49/month)
• Arrange to migrate your site to another host (I will provide all code and assist with a reasonable handover)
• Resume your maintenance plan

If no action is taken within 60 days, the website will be taken offline and server resources will be released. Your code will be retained for a further 30 days (90 days total from last payment) in case you change your mind, after which it may be permanently deleted.

Build fees are non-refundable after the project has been completed and delivered. The code remains yours regardless of hosting status.

9. Client Responsibilities

You are responsible for:

• Providing all content (text, images, logos) required for the build in a timely manner
• Reviewing and providing feedback within the revision window
• Ensuring any content you provide does not infringe on third-party copyrights or trademarks
• Keeping your account and payment details up to date
• Maintaining the security of any admin panel credentials provided to you

10. Limitation of Liability

I will always do my best to deliver a quality product and reliable hosting. However, I am not liable for:

• Loss of income or business arising from website downtime beyond my reasonable control
• Data loss beyond what automated backups can recover
• Issues caused by third-party services (domain registrars, payment processors, email providers)
• Security breaches resulting from client negligence (e.g., sharing admin credentials)

My total liability for any claim shall not exceed the total amount you have paid me in the 12 months preceding the claim.

11. Governing Law

These terms are governed by the laws of South Australia, Australia. Any disputes will be resolved in the courts of South Australia.

12. Changes to These Terms

I may update these terms from time to time. Changes will be posted on this page with an updated date. For existing clients, changes to terms will be communicated directly and will not apply retroactively to work already in progress.

13. Contact

If you have any questions about these terms, please get in touch.

Babayagas Web Designs
Murray Bridge, South Australia
yagaswebdesign@gmail.com