These Terms of Service ("Terms") govern your use of the website webwingz.com.au and the services provided by Webwingz Pty Ltd (ABN 61 627 270 973), a company registered in South Australia, Australia ("we", "us", "our"). By engaging our services or using our website, you agree to these Terms.
Webwingz provides web design, web development, eCommerce, SEO, digital advertising and related digital services to clients in Australia and internationally. The scope, deliverables, timeline and fees for each engagement are agreed in a separate proposal or Statement of Work (SOW) issued to the client.
We reserve the right to decline any project or engagement at our discretion, without obligation to provide reasons.
A project commences upon written acceptance of our proposal (email confirmation is sufficient) and receipt of any required deposit. Proposals are valid for 30 days from the date of issue unless otherwise stated.
Any changes to the agreed scope, timeline or deliverables must be agreed in writing by both parties. Scope changes may result in revised fees and timelines.
Fees are as outlined in the agreed proposal or SOW. Unless otherwise agreed:
All fees are in Australian Dollars (AUD) and exclusive of GST unless otherwise stated. GST will be applied to invoices where applicable.
To enable us to deliver your project on time and to a high standard, you agree to:
Delays caused by the client may result in revised timelines and may incur additional fees.
Upon receipt of full payment, you own all final deliverables created specifically for your project (website designs, custom code, written content). Ownership transfers only on full payment.
We retain ownership of all pre-existing tools, frameworks, methodologies and third-party libraries used in the delivery of services. We reserve the right to display completed work in our portfolio and for promotional purposes, unless you request otherwise in writing.
Projects may incorporate third-party platforms, plugins, themes or services (e.g. WordPress, Shopify, Google Analytics). We are not responsible for the performance, availability or terms of these third-party services. Any costs associated with third-party licences or subscriptions are the client's responsibility unless included in our proposal.
Both parties agree to keep confidential any information disclosed during the engagement that is marked as confidential or would reasonably be considered confidential. This obligation survives termination of the engagement.
We warrant that we will provide services with reasonable care and skill. We do not warrant that our services will be uninterrupted or error-free, or that specific business outcomes (such as search engine rankings or conversion rates) will be achieved.
Our website and any materials provided are offered "as is" without warranty of any kind, express or implied.
To the maximum extent permitted by Australian law, our total liability to you for any claim arising out of or in connection with our services is limited to the fees paid by you for the specific service giving rise to the claim in the three months preceding the claim.
We are not liable for any indirect, incidental, consequential or special damages, including loss of profits, loss of data or business interruption, even if we have been advised of the possibility of such damages.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition that cannot be excluded under the Australian Consumer Law.
Either party may terminate an engagement by providing 14 days written notice. Upon termination, you are liable for all fees for work completed to the date of termination. We will deliver all completed work product upon receipt of outstanding payment.
We may terminate immediately if you breach these Terms and fail to remedy the breach within 7 days of written notice.
These Terms are governed by the laws of South Australia, Australia. Any disputes arising from these Terms or our services will be subject to the exclusive jurisdiction of the courts of South Australia.
We may update these Terms from time to time. Updated Terms will be posted on this page with a revised date. Your continued use of our services after changes are posted constitutes acceptance of the revised Terms.
If you have any questions about these Terms of Service, please contact us:
Webwingz Pty Ltd
36 Benny Crescent, South Brighton SA 5048
info@webwingz.com
+61 450 011 336