These Terms of Service govern the relationship between Webstallion Co (ABN 42 852 391 887) ("we", "us", "our") and any person or business ("you", "the client") engaging our services. By proceeding with a project, you agree to these terms.
1. Services
We provide web design and development services as described in the project proposal or statement of work agreed between us prior to commencement. The specific deliverables, timelines, and inclusions for each engagement are defined in that proposal.
We reserve the right to decline any project that conflicts with our values or falls outside our area of expertise.
2. Payment
Payment is structured in three stages:
- 20% initiation deposit — due before work commences. This deposit is non-refundable.
- 50% on demo approval — due upon your approval of the preview/demo site.
- 30% on final delivery — due upon completion of revisions and before the site goes live.
All payments are made via bank transfer. All prices are in Australian Dollars (AUD) and include GST unless stated otherwise. Invoices are payable within 7 days of issue. Late payments may result in work being paused until payment is received.
3. Project scope
The agreed project fee covers the work described in the proposal only. Any changes or additions that fall outside the agreed scope — including new pages, additional features, or significant revisions to agreed designs — will be scoped and quoted separately before work begins.
We include a reasonable number of revision rounds as outlined in your proposal. Excessive revision requests or changes to direction mid-project may be treated as out-of-scope work.
4. Intellectual property
Upon receipt of final payment, you own the complete final codebase and all custom design assets created specifically for your project. Ownership transfers in full — there are no ongoing licence fees or dependencies on us.
Stock images and AI-generated assets: We use royalty-free stock images (from sources such as Unsplash and Pexels) and AI-generated images for visuals, icons, and illustrations as part of the build. These assets are included in your project at no additional cost and are free for commercial use.
Client-supplied content: Any photos, logos, or content you provide (staff photos, office images, product shots) remain your property at all times. We will not use client-supplied content outside your project without your written permission.
Third-party assets: Fonts, icon libraries, and other third-party assets used in your project remain subject to their respective licences. We only use free and open-source assets unless otherwise agreed with you in writing.
Portfolio rights: Webstallion Co retains the right to display the completed project in our portfolio and use it in marketing materials (including screenshots and case studies) unless you expressly request otherwise in writing prior to project commencement. We will never share confidential business information in any public-facing portfolio content.
5. Cancellation
You may cancel a project at any time by providing written notice (email is sufficient). Upon cancellation:
- All payments made up to the point of cancellation are non-refundable.
- No completed or in-progress work will be delivered to the client upon cancellation.
Webstallion Co may cancel a project if the client is unresponsive for 30 or more consecutive days, if the client requests work that is unlawful, or if the client materially breaches these terms. In such cases, all payments made are non-refundable.
6. Client responsibilities
A successful project depends on timely collaboration. You are responsible for:
- Providing all required content (copy, images, logos, brand assets) within the agreed timeframe.
- Providing timely feedback on designs and drafts — generally within 5 business days of delivery.
- Providing access to any accounts we need (domain registrar, hosting, third-party platforms) as required.
- Ensuring that all content you supply does not infringe the intellectual property rights of any third party.
Delays caused by slow client responses or late content delivery may affect agreed timelines. We will not be held responsible for project delays attributable to the client.
7. Hosting and maintenance
As part of our standard offering, your website code is stored on GitHub and deployed via Cloudflare Pages (free tier). Both accounts are initially set up under Webstallion Co's accounts.
We can transfer full ownership of both the GitHub repository and Cloudflare Pages deployment to you at any time after the project is complete. To facilitate the transfer, we require access to a shared domain-linked email address (e.g., [email protected]) for account setup.
If you require a specific hosting environment (e.g., AWS, Netlify, or a custom server), this can be arranged on request and may incur additional cost.
Domain name registration and renewal is your responsibility. Ongoing maintenance, updates, and changes are not included unless covered by an active maintenance plan.
8. Warranties
What we guarantee:
- Your website will achieve a score of 90 or above on Google PageSpeed Insights (mobile) at the time of final delivery and for 30 days following launch.
- If the PageSpeed score drops below 90 within 30 days of launch due to an issue in our code (not caused by client additions), we will fix it at no additional cost.
- The website will be tested across Chrome, Safari, Firefox, and Edge on both desktop and mobile devices before handover.
- The website will be functional and free of critical bugs at the time of delivery.
What voids the PageSpeed guarantee:
- Adding third-party scripts, plugins, tracking pixels, chat widgets, or embedded content after delivery that negatively impacts performance.
- Modifying the codebase in a way that introduces performance issues.
- Hosting the site on a platform other than the one we set up, unless we agreed to the change.
What we do not guarantee:
- Search engine rankings, traffic volumes, conversion rates, or any specific business outcome.
- Website uptime — this is determined by the hosting provider (Cloudflare Pages) and is outside our control.
All other warranties, express or implied, are excluded to the fullest extent permitted by the Australian Consumer Law.
9. Limitation of liability
To the maximum extent permitted by applicable Australian law, Webstallion Co's total liability to you for any claim arising out of or in connection with these terms or any project shall not exceed the total fees actually paid by you for that specific project.
We are not liable for:
- Any indirect, incidental, special, or consequential loss — including loss of revenue, loss of profits, loss of data, loss of business opportunity, or reputational damage — even if we have been advised of the possibility of such loss.
- Issues caused by client modifications to the code after handover.
- Third-party service outages (Cloudflare, GitHub, domain registrar, or any other external platform).
- Client failure to maintain domain registration or hosting configuration.
- The accuracy of content on your website — you are responsible for ensuring all content is accurate and lawful.
Nothing in these terms excludes, restricts, or modifies any guarantee, right, or remedy that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
10. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive business information shared during the course of a project. This includes but is not limited to: business strategy, pricing, client lists, financial data, login credentials, and unpublished content.
This obligation of confidentiality survives the completion or termination of the project for a period of 2 years.
Confidentiality does not apply to information that is publicly available, independently developed by either party, or required to be disclosed by law.
Webstallion Co may mention you by name and display the completed website in portfolio and marketing materials, unless you opt out in writing before the project commences.
11. Force majeure
Neither party shall be liable for delays or failure to perform obligations caused by events beyond their reasonable control, including but not limited to: natural disasters, pandemic, government action, internet outages, or power failures.
The affected party must notify the other within 7 days of the event. If a force majeure event continues for 60 or more consecutive days, either party may terminate the project without penalty, and any payments already made will be handled in accordance with the cancellation terms in Section 5.
12. Governing law and dispute resolution
These terms are governed by the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales.
Before commencing court proceedings, both parties must attempt to resolve the dispute through good-faith mediation within 30 days of one party providing written notice of the dispute to the other. If mediation is unsuccessful, either party may proceed to court.
Each party bears their own legal costs unless a court orders otherwise.
13. Contact
If you have any questions about these terms, please contact us before proceeding with a project:
Webstallion Co
ABN 42 852 391 887
[email protected]
+61 422 544 449
Macquarie Park, NSW 2113