These Terms & Conditions ("Agreement") outline the responsibilities, services, and expectations between TrueBuild Websites ("Developer") and the Client ("Client"). By engaging TrueBuild Websites for any service, the Client agrees to the following.
1. Services Provided
TrueBuild Websites offers:
2. Pricing & Payment
2.1 Project Payments
2.2 Maintenance Payments
2.3 One-Off Payments
The following may be billed separately:
2.4 Late or Overdue Payments
Unpaid invoices may delay launch, updates, maintenance, hosting, support, or other services. TrueBuild Websites may suspend services where an invoice remains unpaid.
3. Ownership & Access
3.1 Website Files
The Client owns the final website files once full payment for the applicable project has been received. Until full payment is received, ownership of unpaid project work remains with TrueBuild Websites.
3.2 Domain & Email
TrueBuild Websites may assist with domain and email setup. Unless otherwise agreed in writing, the Client is responsible for domain registrations, renewals, email subscriptions, and associated third-party fees.
3.3 Hosting
Static hosting is included only while the Client has an active Maintenance Plan or has arranged a self-managed hosting transfer. If a Maintenance Plan is cancelled or expires, TrueBuild Websites may cease providing hosting and the Client may be required to arrange alternative hosting.
3.4 Third-Party Accounts
Where practical, third-party services such as domains, email providers, analytics platforms, payment providers, Formspree, or other external services may be established under the Client's own account. The Client remains responsible for complying with the terms and conditions of those third-party providers and paying any applicable fees.
4. Forms Policy
4.1 Standard Forms (Free Tier)
4.2 Advanced Forms (Paid Tier)
Clients on applicable Maintenance Plans may receive:
4.3 Clients Not on a Maintenance Plan
5. Maintenance Plans
Maintenance Plans provide the services specifically listed in the Client's selected plan. Included services may vary depending on the plan selected and may include website updates, technical support, hosting, form monitoring, minor content changes, or other services.
5.1 Included Updates
Maintenance Plans are intended for reasonable ongoing website maintenance and minor changes. Large redesigns, new pages, new functionality, major content changes, integrations, or development work outside the included allowance may be charged separately.
5.2 Response Times
Maintenance Plans do not guarantee immediate responses or resolution times unless a specific service level has been agreed to in writing. TrueBuild Websites will make reasonable efforts to respond to support requests within a reasonable timeframe.
5.3 Cancellation
The Client may cancel a Maintenance Plan by providing notice through an agreed communication channel. Any outstanding amounts remain payable. Upon cancellation, services included under the Maintenance Plan may cease at the end of the applicable paid period.
6. Project Scope & Revisions
The project scope will be based on the Proposal, Invoice, written agreement, or other written confirmation between TrueBuild Websites and the Client.
6.1 Revisions
Reasonable revisions included within the agreed project scope will be completed as agreed. Requests that materially change the original design, structure, functionality, or scope may be treated as additional work.
6.2 Client Content
The Client is responsible for providing accurate text, images, logos, business information, contact details, legal information, and other materials required to complete the website.
TrueBuild Websites may rely on information supplied by the Client and is not responsible for errors, omissions, outdated information, or legal issues arising from Client-provided content.
6.3 Client Delays
Delays in receiving content, approvals, access credentials, feedback, or other required information from the Client may delay the project timeline. TrueBuild Websites is not responsible for delays caused by the Client or by third-party providers.
7. Website Approval & Launch
The Client will be given an opportunity to review the website before launch. Approval may be provided verbally, electronically, in writing, or through another agreed communication method.
Once the Client approves the website and all required payments have been received, TrueBuild Websites may proceed with launch.
After approval and launch, changes that are outside the agreed scope may be charged separately.
8. Third-Party Services
TrueBuild Websites may use third-party services and platforms to deliver websites and related services, including but not limited to:
9. Website Performance & SEO
TrueBuild Websites will make reasonable efforts to build websites that are functional, responsive, accessible, and suitable for modern web browsers.
Basic SEO services, where included, may cover items such as page titles, descriptions, headings, image optimisation, sitemap configuration, or basic search-engine setup.
TrueBuild Websites does not guarantee specific search-engine rankings, traffic levels, leads, conversions, advertising results, or business outcomes.
10. Client Responsibilities
The Client agrees to:
11. Intellectual Property
The Client retains ownership of content, branding, logos, photographs, and other materials supplied by the Client.
TrueBuild Websites retains ownership of its pre-existing code, reusable components, development processes, templates, tools, techniques, and other materials that are not created exclusively for the Client.
Unless otherwise agreed, TrueBuild Websites may use screenshots or links to completed websites in its portfolio, marketing, social media, or promotional material. The Client may request that their website not be used for promotional purposes.
12. Cancellation & Refunds
If the Client cancels a project after work has commenced, the deposit may be retained to cover work already completed, time allocated, and project preparation.
Where applicable, any refund will be considered based on the amount of work completed, expenses incurred, and the circumstances of the cancellation.
Third-party fees already paid on behalf of the Client may not be refundable.
Nothing in these Terms limits any rights the Client may have under applicable Australian Consumer Law.
13. Warranties & Defects
TrueBuild Websites will make reasonable efforts to correct material defects in the website that arise from TrueBuild Websites' own development work within a reasonable period following launch.
This does not include issues caused by Client changes, third-party services, hosting providers, browser changes, unsupported software, external integrations, or modifications made by another developer.
14. Limitation of Liability
To the maximum extent permitted by law, TrueBuild Websites is not responsible for indirect, incidental, special, consequential, or business losses, including loss of profits, revenue, data, customers, or business opportunities arising from the use or unavailability of a website or third-party service.
Nothing in these Terms excludes, restricts, or modifies any liability, guarantee, warranty, right, or remedy that cannot lawfully be excluded, restricted, or modified under applicable law, including the Australian Consumer Law.
15. Website Security
TrueBuild Websites will take reasonable steps to implement appropriate website security measures within the scope of the services provided. However, no website, hosting environment, form service, email service, or internet-based system can be guaranteed to be completely secure.
The Client is responsible for maintaining the security of Client-owned accounts, passwords, domain accounts, email accounts, and third-party services.
16. Force Majeure
TrueBuild Websites will not be responsible for delays or inability to provide services caused by circumstances outside its reasonable control, including internet outages, hosting failures, third-party service interruptions, natural disasters, government actions, cyber incidents, or other unforeseen events.
17. Privacy
TrueBuild Websites may collect and use personal information required to provide its services, communicate with Clients, process payments, manage accounts, and operate its business.
Further information about how personal information is collected, used, stored, and disclosed is provided in the TrueBuild Websites Privacy Policy.
18. Changes to These Terms
TrueBuild Websites may update these Terms & Conditions from time to time. The latest version will be made available through the TrueBuild Websites website.
Changes will generally apply to services and agreements entered into after the updated Terms take effect, unless otherwise required by law or agreed with the Client.
19. Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia. Any dispute will be subject to the applicable courts and laws of New South Wales, Australia, subject to any rights or remedies available to the Client under applicable law.
20. Acceptance
By engaging TrueBuild Websites, approving a Proposal, accepting an Invoice, making a payment, requesting work to commence, or otherwise proceeding with services, the Client acknowledges that they have read, understood, and agreed to these Terms & Conditions.