Terms of Service

1. Introduction

These Terms of Service ("Terms") govern (a) your use of the Stronghold Web Design website ("Website Terms"), and (b) the services we provide to clients who engage us, including website design, domain assistance, business email setup and ongoing maintenance ("Service Terms"). Where a clause applies only to engaged clients, it is identified as such.

2. Our services

We provide custom landing page design, domain and email setup assistance, and ongoing network maintenance. Specific deliverables and pricing are agreed in writing before work begins (a "Quote").

3. Scope

Browsing this Website is governed by the Website Terms in clauses 1, 3, 6 and 8. Engaging our services as a client additionally binds you to the Service Terms throughout the remainder of these Terms.

4. Acceptance

By submitting an enquiry, engaging our services, or using this website, you agree to these Terms. If you are accepting these Terms on behalf of a business, you warrant that you have authority to bind that business. If you do not agree, please do not use our services.

5. Payment and renewal

Setup fees and optional extras are quoted upfront. Unless stated otherwise in the Quote, all prices are GST inclusive. Ongoing maintenance is billed in accordance with the agreed schedule. Domain and email registration fees are paid directly to the relevant provider by you, so you retain full ownership.

5.1 Deposits and cancellation

A deposit may be payable before work commences, as set out in the Quote. If you cancel:

• before work commences, your deposit will be refunded less any costs we have reasonably and necessarily incurred;
• after work commences but before completion, you will be charged for work completed to date on a pro-rata basis, and any balance of the deposit will be refunded;
• after completion but before final payment, the final payment remains due in full.

6. Content you supply — warranty and indemnity

You warrant that you own, or are licensed to use, all logos, images, text, trademarks and other content you supply to us for use in your project. You indemnify us against any claim, loss or expense we incur arising from a third party's claim that content you supplied infringes their intellectual property or other rights.

7. Intellectual property

Upon full payment, the custom design and content we create for you becomes your property. We reserve the right to use generic frameworks, components and techniques developed during your project. Unless you tell us otherwise in writing, you agree that we may display the completed website in our portfolio and marketing materials.

8. Consumer guarantees, liability and disclaimers

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded, restricted or modified. To the extent permitted by law, our liability for breach of a non-excludable guarantee is limited, at our option, to resupplying the services or paying the cost of resupply.

Subject to the paragraph above, and to the extent permitted by Australian law, our total liability for any claim arising from our services is limited to the amount you paid for the relevant service. We are not liable for indirect or consequential loss, or for losses caused by third-party services (including domain registrars and hosting providers), provider outages, or events outside our reasonable control.

We do not guarantee specific business outcomes, including search engine rankings, website traffic, enquiries or sales resulting from your website.

Once your domain and hosting are set up, uptime, security and data backups for your domain, email and hosting are the responsibility of the relevant third-party provider, not us, unless we expressly agree otherwise in writing.

8.1 Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond that party's reasonable control, including natural disaster, illness, or failure of a third-party service or system, provided the affected party notifies the other as soon as reasonably practicable.

9. Termination

Either party may terminate ongoing services by giving the other at least 14 days' written notice (email is sufficient). Domain and email ownership remains with you, subject to the terms of the respective providers.

10. Variation of these Terms

We may update these Terms from time to time. We will give you reasonable notice of any material change by posting the updated Terms on our Website and, for active engagements, by email. Changes do not apply retrospectively to services already agreed under a Quote unless you agree otherwise.

11. General

Entire agreement. These Terms, together with your accepted Quote, constitute the entire agreement between us and supersede all prior discussions and representations relating to your engagement.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

12. Governing law

These Terms are governed by the laws of Victoria, Australia, and any disputes will be resolved in the courts of that jurisdiction.

13. Contact us

Questions about these Terms can be sent through our contact page.