Welcome to Dingo Web Design! These Terms and Conditions (“T&Cs”) govern the provision of services by Dingo Web Design (ABN: 42249311005) (“Dingo Web Design,” “we,” “us,” or “our”) to you, our client (“Client” or “you”).
By engaging Dingo Web Design for any services, you agree to be bound by these T&Cs. If you do not agree with any part of these T&Cs, you must not proceed with engaging our services.
1. Services Offered
Dingo Web Design specialises in professional digital services, primarily focused on web solutions using the WordPress platform.
Our services include, but are not limited to:
a. Website Design and Development: Creating and developing websites, primarily on the WordPress platform, including theme customisation and plugin integration.
b. WordPress Installation and Configuration: Setting up WordPress instances and initial configurations.
c. Website Redesign and Updates: Modifying existing websites and applying necessary updates.
d. E-commerce Solutions: Implementation of online store functionalities (e.g., WooCommerce).
e. Basic Search Engine Optimisation (SEO) setup: Initial optimisation to help improve website visibility.
f. Website Hosting Services: Reselling and managing hosting services for client websites through trusted third-party providers.
g. Domain Name Registration and Management: Assisting with the registration and ongoing management of domain names through third-party registrars.
h. Business Photography Services: Providing professional photography services for businesses, including on-location shoots, product photography, and post-production editing.
i. Website Maintenance and Support: Ongoing website upkeep and technical assistance (as per separate agreement or specific project scope).
The exact scope of services for each project will be detailed in a formal Proposal, Quote, or Statement of Work (“Project Agreement”) provided to the Client.
2. Client Obligations
The Client agrees to:
a. Provide Content: Deliver all required text, images, logos, and other graphic content (“Client Content”) in a timely manner and in a digital format as specified by Dingo Web Design. Delays in providing content may impact project timelines and may incur additional charges. For photography services, the Client agrees to facilitate access to locations and subjects.
b. Accuracy of Information: Ensure all Client Content provided is accurate, complete, and legally permissible for use.
c. Cooperation: Cooperate fully with Dingo Web Design during the project, including timely feedback and approvals.
d. Responsibility for Content: The Client warrants that they own or have the necessary licenses/permissions to use all Client Content provided to Dingo Web Design. Dingo Web Design is not responsible for any copyright or intellectual property infringement arising from Client Content.
e. Review and Approval: Promptly review and approve deliverables at each stage of the project as outlined in the Project Agreement.
3. Fees and Payment
a. Quotes and Proposals: All quotes and proposals are valid for 30 days from the date of issue.
b. Full Up Front Payment: Full payment of the total project fee is required before any work commences on your project. This full payment secures you project slot and allows us to allocate resources.
c. Recurring Service Billing: For ongoing services such as website hosting & domain name management, fees are billed annually in advance. The specific annual fee will be outlined in your invoice or separate invoice for renewal.
d. Invoicing: An invoice for the full project fee will be issued electronically upon your agreement to proceed with the project. Invoices for recurring services will be issued annually prior to renewal.
e. Payment Terms: All invoices are due and payable within seven (7) days from the date of issue, or immediately upon acceptance of the invoice, whichever is sooner, to enable project commencement.
f. Late Payments: Dingo Web Design reserves the right to suspend work, withhold final files, or take down websites until all outstanding payments are settled. A late payment fee of 1.5% per month (or the maximum allowed by law) may be applied to overdue balances.
g. Additional Work: Any work outside the agreed-upon scope in the Project Agreement will be quoted separately and require Client approval before commencement.
h. Taxes: All fees are exclusive of GST (Goods and Services Tax) unless otherwise stated. GST will be added to invoices where applicable under Australian law.
4. Project Lifecycle
a. Design & Development: Dingo Web Design will create a design concept based on the Client’s brief. Upon design approval, development will commence.
b. Revisions: The Project Agreement will specify the number of design, development, or photography revision rounds included. Additional revisions may incur extra charges.
c. Client Delays: Delays caused by the Client (e.g., late content, delayed feedback, rescheduling photography shoots) may extend the project timeline and may incur additional charges.
d. Project Completion & Launch: Upon completion of the website and/or photography services as per the Project Agreement and receipt of all outstanding payments, Dingo Web Design will facilitate the launch of the website and/or delivery of final photography assets.
5. Intellectual Property and Copyright
a. Client Content: The Client retains full copyright and ownership of all Client Content provided to Dingo Web Design.
b. Dingo Web Design’s Ownership (Web Services): All original website design, code, graphics (excluding Client Content), and digital assets created by Dingo Web Design remain the intellectual property of Dingo Web Design until full and final payment has been received for the project.
c. Licence to Client (Web Services): Upon full payment, Dingo Web Design grants the Client a non-exclusive, perpetual, worldwide license to use the final website for its intended business purposes. This licence does not include the right to resell or redistribute the design or code without explicit written permission.
d. Photography Copyright: Dingo Web Design retains the copyright to all photographs taken during the course of providing Business Photography Services. Upon full payment for the photography services, Dingo Web Design grants the Client a non-exclusive, perpetual, worldwide license to use the final edited photographs for their agreed-upon business purposes (e.g., website, marketing materials). This license does not include the right to resell the photographs or use them for purposes beyond the Client’s own business promotion without explicit written agreement. Raw, unedited photographic files are not typically provided unless specifically agreed upon in the Project Agreement and may incur additional fees.
e. Third-Party Assets: Any third-party themes, plugins, stock images, or fonts used in the website may be subject to their own respective licenses. Dingo Web Design will endeavour to inform the Client of such licenses and their implications where relevant. The Client is responsible for adhering to these third-party licenses.
f. AI-Generated Content: Where Dingo Web Design incorporates AI-generated images or content at the Client’s request or for illustrative purposes (e.g., stock-style imagery for web design), Dingo Web Design will endeavour to use AI tools with commercial usage rights. However, the Client acknowledges that the legal status of copyright ownership for AI-generated content is evolving, and Dingo Web Design cannot guarantee copyright protection for such elements or freedom from future claims related to their origin. Dingo Web Design will be transparent with the Client regarding the use of AI-generated content on their website where it is significant.
6. Warranties and Disclaimers
a. Website Functionality: Dingo Web Design warrants that the website will function substantially in accordance with the Project Agreement for 30 days post-launch. This warranty does not cover issues arising from Client modifications, third-party plugin updates, hosting issues, or browser updates.
b. Hosting & Domain Services: Dingo Web Design provides hosting and domain management services by leveraging third-party providers. We do not directly own or operate the infrastructure for these services. While we select reputable providers, Dingo Web Design is not liable for service interruptions, downtime, data loss, or other issues caused by the third-party hosting provider or domain registrar. We will act as a liaison to help resolve such issues but cannot guarantee their resolution or specific uptime percentages.
c. Photography Services: While Dingo Web Design uses professional equipment and skills, we cannot guarantee specific creative outcomes for photography that are subject to subjective interpretation. Client approval will be sought at various stages, and final delivery is based on the Client’s selected images and agreed-upon edits.
d. No Guarantee of Results: Dingo Web Design makes no warranties or guarantees regarding specific results from the website or photography, including but not limited to search engine rankings, visitor numbers, sales, or conversions.
e. Browser Compatibility: Dingo Web Design will test the website for compatibility with current versions of major browsers (e.g., Chrome, Firefox, Safari, Edge) at the time of launch. We cannot guarantee compatibility with all browser versions, devices, or operating systems.
f. “As Is” Basis: All services are provided on an “as is” and “as available” basis without any express or implied warranty beyond those explicitly stated in these T&Cs.
7. Limitation of Liability
To the maximum extent permitted by Australian law, Dingo Web Design shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
a. Your access to or use of or inability to access or use the services.
b. Any conduct or content of any third party on the services.
c. Any content obtained from the services.
d. Unauthorised access, use, or alteration of your transmissions or content.
Our total aggregate liability to the Client for any claim arising out of or in connection with these T&Cs or the services provided shall not exceed the total fees paid by the Client to Dingo Web Design for the specific project giving rise to the claim.
8. Confidentiality
Both parties agree to keep confidential all non-public information obtained from the other party during the course of the project. This obligation does not apply to information that is publicly available, already known by the receiving party, or required to be disclosed by law.
9. Service Maintenance & Support
Unless a separate maintenance agreement is in place, post-launch website support is limited to fixing bugs or errors directly attributable to Dingo Web Design’s work for 30 days. Ongoing website updates, security, content changes, or troubleshooting issues not caused by Dingo Web Design are not included and will be quoted separately. Hosting and domain management services are billed separately as outlined in the Project Agreement.
10. Termination
a. By Client: The Client may terminate a project by providing written notice. In such a case, the initial project fee is non-refundable.
b. By Dingo Web Design: Dingo Web Design may terminate a project immediately if the Client breaches these T&Cs (e.g., non-payment, significant uncooperation, providing illegal content). In such cases, all payments made are non-refundable.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia, Australia, and the parties submit to the exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.
12. Dispute Resolution
In the event of a dispute arising under these T&Cs, the parties agree to first attempt to resolve the dispute informally through good faith negotiation. If a resolution cannot be reached within 30 days, either party may pursue legal remedies available under Western Australian law.
13. Amendments
Dingo Web Design reserves the right to amend these T&Cs at any time. Any changes will be posted on our website and will be effective immediately upon posting. For ongoing projects, the T&Cs in force at the time the Project Agreement was signed will generally apply, unless mutually agreed otherwise.
14. Acceptance of Terms
By accepting a quote, making a deposit payment, or otherwise instructing Dingo Web Design to commence work on your project, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
15. Contact Information
For any questions regarding these Terms and Conditions, please contact Dingo Web Design at: