JR Web Design is a web design and development business based in Victoria, Australia. We may provide custom websites, WordPress themes, WordPress plugins, ecommerce work, maintenance, bug fixes, integrations, audits, landing pages, technical support, content implementation, training, consulting, design assets, deployment services and related digital work.

In these terms, “we”, “us” and “our” mean JR Web Design. “Client”, “you” and “your” mean any person or entity using the site or engaging our services.

You must use this website lawfully and in good faith.

• You must not misuse the site, attempt unauthorised access, probe vulnerabilities, disrupt operation, or introduce malicious code.
• You must not copy, scrape, harvest, mirror, frame, republish or systematically extract content, source code, pricing, images, text, data or materials from the site except as permitted by law or with our written consent.
• You must not use the site in a way that could damage our systems, reputation, clients, users or suppliers.
• You must not impersonate another person or submit false, misleading or unlawful information.

We may suspend, block, rate-limit or refuse access to any user, IP, account, bot or service that we reasonably believe is acting unlawfully, abusively, deceptively or in a way that creates risk for us or others.

Website content is provided for general information only. Unless we expressly agree otherwise in writing, nothing on this website is legal advice, tax advice, financial advice, compliance advice, cybersecurity certification, accessibility certification, or a binding commitment to perform services for a particular result.

We try to keep information current and accurate, but we do not promise that website content will always be complete, current, error-free, uninterrupted, fit for your purpose, or available at all times.

5.1 Quotes

Quotes and estimates are based on the information available to us at the time. Unless stated otherwise, quotes are valid for [14] days and may be withdrawn or revised before acceptance.

5.2 Scope

Our scope is limited to the items expressly listed in the accepted proposal, quote, package, task list or support request. Anything not expressly included is excluded.

5.3 Variations

Changes to scope, features, integrations, content, design rounds, plugin functionality, data migration, SEO work, training, device testing, compliance work, or extra support are variations and may affect fees and timing.

5.4 Discovery issues

If we discover hidden complexity, incompatible plugins, poor code quality, security issues, data issues, hosting limitations, licensing problems, undocumented customisations, or third-party restrictions, we may pause work and issue a revised estimate or variation.

You must:

• provide timely, accurate and complete instructions, approvals, content and access;
• ensure you own or have rights to use all content, logos, images, software, data and materials you provide to us;
• maintain valid licences for any third-party themes, plugins, APIs, fonts, stock assets or software not supplied by us;
• review deliverables and notify us promptly of genuine issues;
• keep your own independent backups unless we expressly agree in writing to manage backups;
• ensure your business complies with laws applying to your industry, advertising, privacy, records, data retention, spam, accessibility, consumer law and regulated content.

We are entitled to rely on information, approvals, logins and instructions supplied by you or persons who reasonably appear to be authorised by you.

Any delivery date, milestone, launch date or turnaround time is an estimate unless we expressly state that it is fixed.

We are not responsible for delay caused by:

• late content, access, approvals or feedback from you;
• hosting or registrar issues;
• third-party outages, API failures or plugin conflicts;
• security incidents, malware, hacks or emergency remediation;
• scope changes or additional requests;
• illness, force majeure, supplier delays or events beyond reasonable control.

If a project is paused by client delay for more than [15] days, we may re-schedule the work, re-price remaining work, invoice for work performed to date, or close the project file until reactivated.

8.1 Pricing

Fees may be fixed, staged, hourly, subscription-based, retainer-based, per-ticket, or otherwise specified in writing. Unless stated otherwise, prices are in Australian dollars and are exclusive of GST if applicable.

8.2 Deposits

We may require an upfront deposit before commencing work. Subject to any rights you have under law, deposits secure scheduling and initial resourcing and are generally non-refundable once work has been allocated or commenced.

8.3 Invoicing

We may invoice upfront, by milestone, monthly, on completion, or as work progresses. Payment is due within [7] days of invoice unless another period is stated.

8.4 Late payment

If payment is late, we may suspend work, withhold delivery, disable premium features we control, revoke staging access, refuse further support, and recover reasonable costs of collection permitted by law.

8.5 Chargebacks

You must first contact us in good faith to attempt resolution before initiating a chargeback. An unjustified chargeback does not cancel your obligation to pay for valid work performed.

8.6 Taxes and provider fees

Third-party transaction fees, gateway fees, hosting fees, domain fees, API fees, premium licences, app fees, stock asset fees and other external charges are payable by you unless expressly included.

We may suspend services immediately if:

• an invoice is overdue;
• continued work would expose us to legal, security, reputational or technical risk;
• you request unlawful, deceptive, infringing or harmful conduct;
• access or cooperation required to perform the work is not provided;
• a third-party supplier disables, removes or restricts a dependency outside our control.

Suspension does not waive our right to payment. We may charge reasonable recommencement fees where a project must be re-opened or rebuilt after suspension.

Many projects depend on third-party services such as hosting companies, registrars, payment gateways, email providers, map providers, analytics platforms, cloud services, CDN providers, AI tools, SMS gateways, CRMs, stock libraries, plugins, themes and APIs.

We are not responsible for third-party systems, outages, policy changes, licence changes, discontinuations, price increases, account suspensions, data loss, vendor lock-in, feature withdrawals or security incidents caused by those providers.

Your use of those services may also be subject to that provider’s own terms, privacy policy and pricing.

Unless we expressly agree otherwise in writing:

• you are responsible for maintaining your domain registration, hosting account, SSL, DNS, email service and provider renewals;
• you are responsible for keeping billing details current with your providers;
• you are responsible for mailbox quotas, spam filtering, deliverability and retention settings;
• we are not liable for expiry, suspension, transfer lock, blacklisting, mail rejection or downtime caused by third-party providers.

If we manage a domain, hosting or email account on your behalf, we do so as a convenience only and may require immediate reimbursement of all provider costs.

12.1 Our IP

We retain ownership of all pre-existing intellectual property, know-how, methods, processes, libraries, frameworks, utilities, reusable code, templates, snippets, systems, concepts, documentation, trade secrets and tools used or developed by us, even if incorporated into a deliverable.

12.2 Client IP

You retain ownership of content and materials you supply, subject to you actually owning or having rights to them. You grant us a non-exclusive licence to use, host, reproduce, adapt and display those materials to perform the services.

12.3 Deliverables

Unless a signed proposal states otherwise, and only after full payment of all amounts due, we grant you a non-exclusive, non-transferable, perpetual licence to use the final deliverables for your own internal business purposes and on your own websites or systems.

No ownership assignment occurs unless we expressly agree in writing. We may reuse general skills, ideas, workflows, know-how, non-confidential concepts and code patterns developed during the engagement.

12.4 Portfolio rights

Unless you object in writing before project completion, we may reference your business name, logo, public website screenshots, and a factual description of the work in our portfolio, social channels, proposals and marketing materials.

Projects may include WordPress core, open-source software, GPL-licensed code, third-party plugins, third-party themes and other dependencies.

• Those components may be governed by their own licences.
• Nothing in these terms restricts rights that apply under any mandatory open-source licence for components included in a deliverable.
• Compatibility with every future WordPress release, theme, plugin, browser, device, API or hosting stack is not guaranteed unless expressly included in an active support arrangement.
• Custom code may require future updates as WordPress, PHP, browsers and plugin ecosystems change.

You must not ask us to build, host, publish, assist or maintain any material or functionality that is unlawful, deceptive, defamatory, infringing, abusive, discriminatory, exploitative, invasive of privacy, malicious, or otherwise unsuitable in our reasonable opinion.

You are solely responsible for the legality and accuracy of:

• all claims, offers, testimonials, product descriptions, pricing, promotions and disclaimers on your site;
• all privacy notices, cookie notices, website terms, refund policies, regulatory statements and compliance positions used by your business;
• all user-generated content, customer data handling and communications sent through your systems.

We may refuse, pause, remove or require amendment to content or functionality that creates legal, platform or reputational risk.

15.1 Support scope

Support covers only what is expressly included in your plan, proposal or ticket. Unless otherwise stated, support does not include new features, custom design changes, third-party vendor liaison, forensic recovery, legal review, compliance audit, data reconstruction or content writing.

15.2 Maintenance windows

We may perform updates, maintenance, security tasks, migrations or patching at times we consider reasonably appropriate.

15.3 Backups

While we may use backup processes, you remain responsible for maintaining your own verified independent backups unless a separate managed backup service is expressly included.

15.4 Emergency work

Emergency work, after-hours work, malware cleanup, outage response, or urgent recovery may be charged at different rates and provided subject to resource availability.

Unless expressly agreed in writing, we do not guarantee:

• search engine rankings, traffic levels, leads, conversions or revenue;
• approval by ad platforms, marketplaces or app stores;
• perfect Lighthouse scores, Core Web Vitals, uptime, deliverability or load speed under every hosting environment and traffic condition;
• compatibility with every browser, plugin, device, screen size, operating system or future update;
• freedom from all bugs, vulnerabilities or third-party conflicts.

Performance and rankings depend on many factors outside our control, including hosting quality, plugin choices, content quality, competition, algorithms, server location, user device, network conditions and third-party platforms.

Each party must keep the other party’s confidential information confidential and must not use or disclose it except as needed to perform the engagement, comply with law, obtain professional advice, or enforce legal rights.

Confidential information does not include information that is public, independently developed without use of the other party’s information, or lawfully obtained from another source.

Our handling of personal information is also governed by our Privacy Policy. You are responsible for ensuring your own website and systems have suitable privacy disclosures and controls for your own users and customers.

We use reasonable care in how we deliver services, but no website, plugin, server, API, account or digital system is completely secure.

You acknowledge that cyber incidents may arise from third-party software, password reuse, phishing, hosting weakness, poor permissions, outdated plugins, compromised devices, social engineering, exposed APIs, or administrator actions outside our control.

Where we become aware of a significant issue affecting work we control, we will take reasonable steps to respond within the scope of our engagement. Further incident response, hardening, forensic work or restoration may be billable.

19.1 Service standard

We warrant that we will provide services with reasonable care and skill, in a professional manner, and substantially in accordance with the agreed scope.

19.2 Limited rectification period

For custom work, if you notify us in writing within [30] days of delivery of a reproducible defect that is materially inconsistent with the agreed scope, we will use reasonable efforts to rectify that defect. This clause does not apply to change requests, third-party conflicts, user error, hosting issues, content errors, external integrations, or matters caused by modifications made by anyone other than us.

19.3 Australian Consumer Law

To the maximum extent permitted by law, all other representations, warranties, guarantees and conditions not expressly stated are excluded.

20.1 Excluded loss

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, punitive or consequential loss, or for loss of profit, revenue, goodwill, opportunity, reputation, data, expected savings, business interruption or loss arising from third-party claims.

20.2 Liability cap

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the website, any services, any plugin, any project, or these terms is limited to the lesser of:

• the total fees actually paid by you to us for the relevant services in the 12 months before the event giving rise to the claim; or
• AUD $[insert cap].

20.3 Exceptions

The exclusions and limitations in these terms do not apply to liability that cannot lawfully be excluded or limited, or to liability arising from our fraud, wilful misconduct, or personal injury caused by our negligence where law prevents exclusion.

20.4 Your indemnity

You indemnify us against loss, damage, liability, cost and expense reasonably incurred by us arising from:

• your breach of these terms;
• content, data or instructions supplied by you;
• your misuse of a deliverable, plugin, website or account;
• your infringement of another person’s intellectual property, privacy, confidentiality or other rights;
• your unlawful, misleading or deceptive conduct.

This indemnity is reduced to the extent a claim is caused or contributed to by our breach of contract, negligence, fraud or wilful misconduct.

Either party may terminate a project or ongoing service by written notice if the other party:

• commits a material breach and fails to remedy it within [7] days after notice;
• becomes insolvent or unable to pay debts as they fall due;
• engages in unlawful conduct connected with the engagement.

We may also terminate for convenience on reasonable notice. You may terminate for convenience, but you must pay for all work performed, commitments made, licences purchased, non-cancellable supplier costs incurred, and reasonable project wind-down work up to the termination date.

On termination, any licence granted to you is suspended until all outstanding amounts are paid in full.

• Entire agreement: these terms and the documents referred to in them form the entire agreement unless otherwise agreed in writing.
• No waiver: failing to enforce a right immediately does not waive that right.
• Severability: if any provision is void, unenforceable or unlawful, it is severed and the rest remains in force.
• Assignment: you may not assign or transfer your rights or obligations without our prior written consent. We may assign or subcontract rights or obligations on notice where reasonable.
• Subcontracting: we may use employees, contractors and specialist suppliers to perform all or part of the services.
• Force majeure: neither party is liable for delay caused by events beyond reasonable control.
• Electronic communications: proposals, approvals, notices and instructions may be given electronically and are binding where the parties clearly intended that result.
• Governing law: these terms are governed by the laws of Victoria, Australia.
• Jurisdiction: the parties submit to the exclusive jurisdiction of the courts of Victoria and courts hearing appeals from them.