Terms & Conditions

These Terms & Conditions ("Terms") govern engagements between Emerald Websites (ABN 68 410 407 820) ("we", "us") and clients ("you"). By engaging us, you accept these Terms in addition to any specific written scope or quote.

1. Scope of work

The scope of each engagement is defined in a written quote or statement of work. Anything outside that scope is a variation, quoted before being built.

2. Fees & payment

Fees are quoted in AUD unless otherwise stated. GST applies to Australian clients. Standard payment schedule: 40% to start, 40% at design sign-off, 20% at launch — or as agreed in writing. Invoices are payable within seven days. Late payments may incur a 5% per month interest charge.

3. Client responsibilities

You agree to provide content, feedback and approvals in a reasonable timeframe. We are not responsible for delays caused by waiting on you. We may pause projects after 30 days of inactivity and reactivate them subject to a reactivation fee.

4. Variations & change requests

Any change to the agreed scope will be quoted in writing before work begins. You may accept or decline; no additional work is done without your approval.

5. Intellectual property

Upon full payment, all original work product (designs, code, content we produce) is transferred to you. We retain the right to display work in our portfolio unless you request confidentiality in writing. Third-party assets (fonts, plugins, stock imagery, platform subscriptions) are licensed under their respective terms and remain in your name.

6. Hosting & third-party services

Hosting, domain registration, plugin licences and third-party SaaS subscriptions are billed directly to you and registered in your name. We can manage these accounts on your behalf if agreed; you remain the account owner.

7. Warranties

We warrant work as free of substantive defects for 30 days after launch. Defects reported within that period will be fixed at no cost. We don't warrant any specific business outcomes (rankings, leads, revenue) — those depend on factors outside our control.

8. Liability

To the maximum extent permitted by law, our total liability for any claim arising from an engagement is limited to the fees paid for that engagement in the 12 months preceding the claim. We are not liable for indirect, consequential or special damages. Nothing in these Terms limits rights under the Australian Consumer Law.

9. Confidentiality

Both parties agree to keep confidential information confidential, both during and after the engagement. Confidential information does not include information that is public, independently developed, or required to be disclosed by law.

10. Termination

Either party may terminate an engagement with 14 days written notice. You will be invoiced for all work completed up to the termination date. Retained partnerships may be terminated with 30 days written notice.

11. Force majeure

Neither party is liable for delays caused by events outside their reasonable control (natural disaster, war, pandemic, internet outage, third-party service failure).

12. Governing law

These Terms are governed by the laws of Queensland, Australia. Disputes will be resolved first by good-faith negotiation and, failing that, by mediation through the Queensland Law Society before any court proceeding.

13. Updates

These Terms may be updated from time to time. Updated Terms apply to new engagements; existing engagements continue under the Terms in effect when they were signed.

14. Contact

Questions about these Terms can be sent to info@emeraldwebsites.com.au.