1. Fees and Payment
Unless otherwise stated in the quotation, all fees and expenses quoted are exclusive of GST.
WebGaze operates on the basis of an 8-hour working day.
Fixed fees for agreed projects will be invoiced in advance.
Time-based fees will be invoiced monthly in arrears, based on actual time spent.
All invoices are payable upon presentation, unless otherwise agreed in writing.
Any print-based costs (including but not limited to printing, finishing, or third-party production) must be paid in full before design assets are released or sent to print.
For full-cycle website design and development projects, payment is structured as follows:
50% upon contractual engagement
25% at the commencement of the development phase
25% upon final sign-off and launch of the website
Where third-party services are arranged on the client’s behalf (such as hosting, domains, software licences, or print suppliers), whether directly or via subcontractors, a commission or handling fee may apply.
Additional fees may be charged at WebGaze’s standard hourly rates if the client is late in providing content, assets, approvals, or feedback in accordance with the agreed project schedule, unless at least five (5) business days’ written notice of delay is provided.
Invoices unpaid after 30 days may attract interest at 2% per annum above the Reserve Bank of Australia cash rate. WebGaze reserves the right to suspend work on any project until outstanding invoices are settled.
If the scope of a project changes materially, or additional work beyond the agreed scope becomes necessary, additional fees may apply. Any such fees will be discussed and approved in advance. Work outside the agreed scope will be charged at agreed hourly rates.
2. Termination
The Client may not terminate a project prior to completion without written consent from WebGaze.
If termination is agreed:
The Client will be liable for payment of fees pro-rata for work completed, plus
30% of the remaining project fee, unless otherwise agreed in writing.
WebGaze may terminate a project if it becomes impossible to perform due to circumstances beyond its control, including but not limited to unsatisfactory cooperation, non-communication, or failure by the Client to meet obligations.
In such cases, fees will be limited to work completed to date, and any outstanding fees for uncompleted work will be waived.
3. Warranty and Liability
WebGaze warrants that all services will be carried out with reasonable care and skill, and in accordance with agreed deliverables, timelines, and project costs where reasonably possible.
While every effort is made to meet agreed timelines, WebGaze accepts no liability for delays caused by factors outside its control.
The Client is responsible for providing written final approval (“sign-off”) prior to:
Printing
Website launch
Distribution of digital or electronic materials
Once sign-off is provided, WebGaze will not be responsible for errors or omissions.
WebGaze accepts no responsibility for the content supplied by the Client and shall be indemnified against any claims arising from:
Content provided by the Client
Use of client-supplied databases, mailing lists, or materials
Intellectual property infringements related to client content
WebGaze will rectify bugs or errors in code supplied by WebGaze for a period of three (3) months after project completion or launch, provided:
Issues are reported in writing within that period
The issues are not caused by third-party changes or client modifications
WebGaze shall not be liable for any loss of revenue, profits, business, data, or indirect or consequential loss.
4. Intellectual Property, Code, and Technology
Unless otherwise agreed, WebGaze retains ownership of all proprietary code, frameworks, systems, and technical processes developed as part of a project.
Upon full payment, the Client is granted a royalty-free, non-transferable licence to use the design and/or code for the specified project only.
The Client may not:
Resell
Redistribute
Reuse
License the work for other projects
without prior written consent.
Copyright of approved design assets will be assigned to the Client upon receipt of final payment. WebGaze retains the right to showcase the work for portfolio and promotional purposes, excluding sensitive or confidential data.
WebGaze retains the right to be credited as the creator of the work (e.g. “Website designed by WebGaze”), including within the website footer or source code, unless otherwise agreed.
5. Browser Support and Third-Party Software
WebGaze does not support browsers that:
Account for less than 1% of global web traffic, or
Are no longer officially supported by their developers
Where third-party software, plugins, platforms, or services are recommended or integrated, these are provided without warranty. The Client agrees that WebGaze is not responsible for:
Failures or limitations of third-party software
Licensing obligations
Updates, upgrades, or discontinuation of third-party services
6. Hosting, Domains, and Data
Unless otherwise agreed:
The Client is responsible for domain renewals
Where WebGaze manages domains, renewals will be scheduled, but payment must be made prior to renewal dates
Where hosting is provided, the Client is responsible for maintaining independent backups. WebGaze accepts no liability for data loss, downtime, or business interruption due to hosting issues.
Separate hosting terms may apply.
7. Confidentiality
All information supplied by the Client will be treated as confidential, unless it is already in the public domain or required by law to be disclosed.
This clause is subject to any separate confidentiality or non-disclosure agreement in place.
8. Changes to Terms
No variation or addition to these terms will be valid unless agreed in writing by both parties.
WebGaze reserves the right to update its terms to reflect changes to its general business practices, provided such changes do not materially disadvantage the Client.