Effective date: 7 April 2026
These Terms and Conditions (“Terms”) govern your use of the Whitsunday Websites website at https://whitsundaywebsites.com.au and the services we provide. By accessing our website or engaging our services, you agree to these Terms.
Whitsunday Websites is a website design and development business located in the Whitsundays, Queensland, Australia.
1. Services
We provide website design, development, and hosting/maintenance services to clients, primarily in the Whitsundays and Mackay regions of Queensland. Our services are described on our website and detailed in individual proposals sent to prospective clients.
All services are subject to a separate written proposal and agreement provided to you prior to commencement of work. In the event of any inconsistency between these Terms and a signed proposal or agreement, the signed proposal or agreement prevails.
2. Enquiries
Submitting an enquiry form on our website does not constitute a binding agreement or contract. Engagement of our services only commences upon your acceptance of a written proposal and receipt of the required deposit.
3. Pricing and Payment
All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated. Pricing is confirmed in your individual proposal and is not binding until a proposal is formally accepted.
- A 50% deposit is required before work commences
- The remaining balance is due prior to the website going live
- Payment plans may be available upon request and subject to approval
- Ongoing care plan fees are billed monthly and due in advance
We reserve the right to pause or suspend work if invoices remain unpaid beyond agreed payment terms.
4. Your Responsibilities
To enable us to deliver your project efficiently, you agree to:
- Provide all required materials (logos, images, content) in a timely manner
- Review and provide feedback within agreed timeframes
- Ensure all materials provided to us do not infringe on any third-party intellectual property rights
- Ensure the accuracy of any content you provide or approve for publication
Delays caused by late provision of materials or feedback may affect the project timeline and are not the responsibility of Whitsunday Websites.
5. Revisions and Scope
Our standard project packages include a defined number of revision rounds as outlined in your proposal. Requests for changes outside the agreed scope may be quoted and charged separately.
6. Intellectual Property
Your materials: You retain ownership of all content, logos, images, and materials you provide to us.
Completed website: Upon receipt of full payment, ownership of the completed website design and custom code transfers to you.
Third-party components: Websites may include third-party themes, plugins, stock images, or fonts that are subject to their own licensing terms. These remain subject to those licences.
Portfolio use: We reserve the right to showcase your completed website in our portfolio and marketing materials unless you request otherwise in writing.
7. Hosting and Care Plans
Managed hosting and care plan services are provided on a month-to-month basis. Either party may cancel with 30 days written notice.
We will take reasonable steps to maintain website uptime and security, however we do not guarantee 100% uptime and are not liable for losses arising from hosting outages, third-party plugin failures, or security incidents beyond our reasonable control.
If a care plan is cancelled, we will provide reasonable assistance to transition hosting. Websites built on our hosting infrastructure may require migration if you choose to move to another provider.
8. Limitation of Liability
To the maximum extent permitted by law, Whitsunday Websites will not be liable for any indirect, incidental, special, or consequential loss or damage arising from your use of our services or website, including but not limited to loss of income, loss of data, or damage to reputation.
Our total liability to you for any claim arising under these Terms will not exceed the total fees paid by you for the specific service giving rise to the claim.
Nothing in these Terms limits any rights you may have under the Australian Consumer Law.
9. Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. If a service is not provided with due care and skill, you are entitled to a remedy. Nothing in these Terms excludes, restricts, or modifies any consumer rights you have under applicable Australian law.
10. Termination
Either party may terminate an engagement by providing written notice. In the event of termination:
- Work completed to the date of termination will be invoiced and payment is due
- The deposit is non-refundable if work has commenced
- Any completed deliverables will be released upon receipt of outstanding payments
11. Website Use
By using our website, you agree not to:
- Use the website for any unlawful purpose
- Attempt to gain unauthorised access to any part of the website or its underlying systems
- Reproduce, copy, or redistribute any content from our website without our prior written consent
12. External Links
Our website may contain links to third-party websites. These links are provided for convenience only. We have no control over the content or practices of those websites and accept no responsibility for them.
13. Governing Law
These Terms are governed by the laws of Queensland, Australia. Any disputes will be subject to the non-exclusive jurisdiction of the courts of Queensland.
14. Changes to These Terms
We may update these Terms from time to time. Changes will be posted on this page with a revised effective date. Continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Whitsunday Websites
Whitsundays, Queensland, Australia
Email: hello@whitsundaywebsites.com.au
Website: https://whitsundaywebsites.com.au