1. STANDARD TERMS AND CONDITIONS
These are the standard Terms and Conditions for website design, development, hosting and related services provided by Kates On Web. They apply to all work undertaken by Kates On Web for its clients unless otherwise agreed in writing.
Acceptance of a quote or proposal, payment of a deposit, or instruction to commence work will be taken as acceptance of these Terms and Conditions.
2. OUR FEES AND DEPOSITS
Unless otherwise stated in your quote or proposal, a 50% deposit of the total project fee is payable when you instruct us to proceed with website design and development work. A further 25% is payable before the website goes live and the remaining 25% is payable when the work has been completed to your reasonable satisfaction, subject to the Approval of Work and Rejected Work provisions below.
We reserve the right not to commence work until the required deposit has been paid.
Where development work has commenced and you choose to cancel the project for reasons unrelated to any failure by Kates On Web to provide the agreed services, the deposit is not refundable to the extent permitted by law. This does not affect any rights you may have under the Australian Consumer Law.
3. SUPPLY OF MATERIALS
You must supply the materials and information reasonably required by us to complete the work in accordance with the agreed specification. These materials may include photographs, written copy, logos, graphics and other information.
Where a delay in supplying these materials causes a delay in completing the project, we may extend any previously agreed completion date by a reasonable amount.
Where you fail to supply materials and this prevents the project from progressing, we reserve the right to invoice you for work already completed.
4. VARIATIONS
We are happy to provide reasonable revisions during the design process. Where requested changes are outside the original project specification, involve substantial additional work or require additional design proposals, additional charges may apply.
Any major variation from the agreed specification will be discussed with you and may be charged at the rate specified in your quote or at our current hourly rate.
5. PROJECT DELAYS AND CLIENT RESPONSIBILITIES
Any project timeframes or completion estimates depend upon your reasonable cooperation, timely provision of final content and timely feedback and approvals.
Where possible, one person should be nominated as the main client contact for approvals, content and feedback.
6. APPROVAL OF WORK
On completion of the work you will be notified and given the opportunity to review it. You should notify us in writing of any material issues within 7 days of that notification.
Work not identified as unsatisfactory within the 7-day review period will be considered approved, subject always to any rights that cannot be excluded under Australian law. Once the project has been approved, the final project payment will become due.
7. REJECTED WORK
If you identify an issue during the review period, we will be given a reasonable opportunity to address any matter that falls within the agreed project specification.
If a client unreasonably refuses to approve work that complies with the agreed specification after we have been given a reasonable opportunity to address identified issues, we may end the project and invoice for work completed, subject to applicable law.
8. PAYMENT
Invoices are payable in accordance with the payment terms shown on the invoice or quote. The final 25% project payment becomes payable following completion and approval of the work in accordance with these Terms and Conditions.
Ongoing services including website hosting, domain registration, software licences, maintenance and other recurring services may be invoiced separately.
9. CLIENT-SUPPLIED CONTENT AND INTELLECTUAL PROPERTY
You retain ownership of the original content you supply to us, including your written material, photographs, logos, trademarks and other business material.
You must have all necessary permissions and rights to use any text, photographs, graphics, logos, names, trademarks or other material you provide to us for inclusion in your website.
You are responsible for claims arising from material supplied by you where you did not have the necessary permission or authority to use that material.
10. WEBSITE DESIGN, DEVELOPMENT AND LICENSING
Unless otherwise agreed in writing, Kates On Web retains ownership of its original website design work, layouts, styling, templates, programming, custom development, processes and other intellectual property created or used in developing the website.
Once the agreed project fees have been paid in full, you are granted a licence to use the completed website for your business or organisation for its intended purpose.
This licence does not transfer ownership of Kates On Web intellectual property or give permission for our original design, templates, programming or other proprietary material to be copied, resold, reproduced or used to create another website without our written permission.
Your own content remains yours and may be downloaded, copied and reused by you on another website or with another provider.
11. DNN WEBSITE PLATFORM
Websites developed by Kates On Web may use the DNN (DotNetNuke) content management system together with themes, modules, extensions, licences and server configurations supplied or managed by Kates On Web or third parties.
A DNN website hosted within our managed environment is not necessarily transferable to another hosting provider as a complete working website. Its operation may depend on our server environment, software, licences, themes, modules, configuration and other components.
If you choose to move to another website provider, you are free to reuse your own text, photographs, logos and other client-owned content. Your new provider may need to build a new website or obtain its own software, themes, modules and licences.
12. ANNUAL WEBSITE HOSTING
Website hosting is provided as an annual service and is invoiced in advance. The annual hosting service includes the hosting environment, routine hosting administration and security management associated with keeping the website available within our managed environment.
Unless otherwise stated in your quote, the first year of hosting may be included as part of a new website project. Subsequent hosting is charged annually at the current hosting rate advised on your renewal invoice.
Our standard annual hosting service currently includes up to one hour of routine website content updates each year. Additional work is charged at our current hourly rate. Any additional support, training or promotional services included with a particular hosting arrangement will be as advised by Kates On Web.
13. HOSTING RENEWAL, CANCELLATION AND REFUNDS
Annual hosting is renewed for a further 12-month period when the renewal invoice is accepted and paid.
If you do not wish to renew your hosting, please notify Kates On Web in writing before the commencement of the next annual hosting period. Where you are planning to move your website or domain to another provider, we ask that you provide at least 60 days' notice where reasonably possible so there is sufficient time to coordinate the transition.
Once a new annual hosting period has commenced, the annual hosting fee is not refundable or refundable on a pro-rata basis merely because you later change your mind, discontinue the website or decide to move to another provider.
Where a refund, cancellation or other remedy is required by the Australian Consumer Law or other applicable law, your legal rights will apply. Kates On Web may also choose to provide a goodwill adjustment in particular circumstances, but any such adjustment is discretionary and does not create an ongoing entitlement or change these Terms and Conditions.
14. TRANSFER TO ANOTHER PROVIDER
You are free to move your domain name and client-owned content to another provider at any time, subject to applicable registration requirements and any outstanding amounts relating to services already supplied.
Kates On Web will provide reasonable assistance with a domain transfer where the domain is under our management. Any transfer request should be made in writing by the client or an authorised representative.
The transfer of a domain name does not automatically include the transfer of the existing DNN website, hosting environment, software, themes, modules, licences or Kates On Web intellectual property.
Once a domain, website or related service has been transferred from our control, responsibility for the new website, hosting environment, DNS configuration, email configuration, security and ongoing operation rests with the client and/or the new service provider.
15. DOMAIN NAMES
Domain name registration and renewal are separate from website hosting unless expressly stated otherwise.
Where Kates On Web registers or renews a domain name on your behalf, the applicable registration or renewal fee is payable by you. Once a domain registration or renewal has been purchased from the registrar, that fee is not refundable merely because you later decide to transfer the domain, change providers or stop using the domain.
This does not affect any rights or remedies available under applicable law.
Domain invoices should be paid by the due date shown on the invoice. Kates On Web is not responsible for loss, suspension or additional recovery costs resulting from a domain expiring because a renewal invoice was not paid on time.
Where a domain is managed by another registrar, IT provider or third party, Kates On Web cannot control or make changes to that domain unless appropriate access has been provided.
16. EMAIL SERVICES AND DNS
Website hosting, domain registration and email services are separate services and may be provided by different providers.
Where your email service is managed by another IT or email provider, that provider remains responsible for the email service and its configuration.
When a domain or website is moved to another provider, the new provider is responsible for ensuring that all required DNS records, including email-related records such as MX records, are correctly maintained or recreated.
Kates On Web is not responsible for disruption caused by DNS, domain, email or hosting changes made by the client, a new website provider, an IT provider or another third party after control has passed from Kates On Web.
17. SEARCH ENGINES
We do not guarantee any particular ranking or position in search engine results. Where included in the project, we undertake basic search engine optimisation using reasonable current practices, but search engines control their own algorithms and results.
18. THIRD-PARTY SOFTWARE AND SERVICES
Websites may use third-party software, modules, extensions, themes, APIs or online services. These products and services may be subject to their own licence terms, pricing, availability and updates.
Kates On Web cannot guarantee the continued availability or compatibility of a third-party product or service that is outside our control. Where practical, we will discuss suitable alternatives if a third-party component becomes unavailable or incompatible.
19. SUBCONTRACTING
We reserve the right to engage suitably qualified subcontractors or service providers where reasonably required to provide the agreed services.
20. CONFIDENTIALITY
Kates On Web and any subcontractors engaged by us will take reasonable steps to keep confidential information supplied by you confidential and will not disclose it to a third party except where reasonably required to provide the agreed services or where disclosure is required by law.
21. ADDITIONAL EXPENSES
You agree to reimburse us for expenses authorised by you that are outside the agreed project price. These may include third-party software, premium modules, templates, stock photography, fonts, domain registration, specialist services or other comparable expenses.
22. BACKUPS AND WEBSITE DATA
Kates On Web takes reasonable steps to manage and protect websites within our hosting environment. However, no electronic storage or hosting system can be guaranteed to be completely free from interruption, failure or data loss.
Clients should retain copies of important original business content, photographs and documents supplied for use on their website. Where reasonably possible, we will assist with restoration of hosted website data following a technical failure within our control.
23. WEBSITE SECURITY AND AVAILABILITY
We take reasonable steps to maintain the security and availability of websites hosted within our managed environment. However, uninterrupted or error-free operation cannot be guaranteed.
Temporary interruptions may occur because of maintenance, software updates, server issues, internet outages, security events or circumstances outside our reasonable control.
24. LIMITATION OF LIABILITY
To the extent permitted by law, Kates On Web will not be responsible for indirect or consequential loss resulting from circumstances outside our reasonable control, third-party services, unauthorised changes, client-supplied material or changes made by another provider.
Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified under the Australian Consumer Law or any other applicable law.
25. CROSS-BROWSER COMPATIBILITY
We endeavour to ensure that websites we create operate appropriately in current, commonly used versions of major web browsers including Microsoft Edge, Google Chrome, Firefox and Safari.
Third-party modules, extensions and services may not always provide the same level of browser compatibility. Where reasonably practical, we will investigate suitable alternatives or solutions when compatibility issues arise.
26. E-COMMERCE
Where a website includes e-commerce facilities, you are responsible for your business's compliance with laws and obligations relating to the products or services you sell, including pricing, descriptions, refunds, privacy, taxation, delivery and other legal requirements applicable to your business.
Kates On Web is not responsible for the client's business transactions, products, services or legal obligations merely because we designed, developed or host the website.
27. AUSTRALIAN CONSUMER LAW
Nothing in these Terms and Conditions is intended to exclude, restrict or modify any rights or remedies available to you under the Australian Consumer Law or other applicable legislation that cannot lawfully be excluded, restricted or modified.
Where the Australian Consumer Law applies, services provided by Kates On Web are subject to the consumer guarantees provided by that law.
28. GOVERNING LAW
These Terms and Conditions and any agreement or proposal between you and Kates On Web are governed by the laws of New South Wales, Australia. You and Kates On Web submit to the non-exclusive jurisdiction of the courts of New South Wales in relation to disputes arising from these Terms and Conditions or the services we provide.
29. CHANGES TO THESE TERMS AND CONDITIONS
Kates On Web may update these Terms and Conditions from time to time to reflect changes to our services, technology, pricing arrangements or legal requirements. The Terms and Conditions applying to a particular service or renewal will be those provided or made available in connection with that service or renewal.
Last updated: September 2026