1. Parties

2. Scope of Work

The Service Provider will design and develop a website (“Website”) for the Client according to the agreed project brief dated [Insert Date], including:
• Design and layout
• Basic content integration
• Built-in Hostinger tools and features OR WordPress tools and features
• One-time delivery of the completed website

Any services not expressly listed are excluded.

2.1 Technology Platform Used

The website may be built using either:
(A) Hostinger Website Builder, or
(B) self-hosted WordPress, depending on the Client’s needs.

If the website is built using Hostinger Website Builder, no plugins, manual updates, or security maintenance are required.
If the website is built using WordPress, the Client is responsible for plugin updates, security patches, backups, and ongoing maintenance unless a separate maintenance agreement is arranged.

3. Project Fee & Payment

3.1 The Client agrees to pay a non-refundable deposit upon signing this Agreement. The Service Provider will advise the Client of the deposit amount.
3.2 The remaining balance is due upon completion and prior to handover of the website.
3.3 Completion is defined as the fully functioning website delivered to the Client, with login credentials, files, and platform ownership transferred.
3.4 All payments are exclusive of GST. If applicable, GST will be added to invoices.

4. Delivery & Handover

Upon final payment, the Service Provider will:
• Transfer all website files, login credentials, and digital assets
• Assist with installation on the Client’s hosting (if required)

4.1 End of Obligations (Important Clause)

“The Service Provider’s obligations end on the date the completed website is transferred to the Client. After this date, the Service Provider has no ongoing responsibility for hosting, security, updates, performance, legal compliance, or content accuracy.”

4.2 Client Responsibility After Handover

For sites built using WordPress:
After handover, the Client is solely responsible for website security, privacy compliance (including obligations under the Privacy Act 1988), management of customer data, plugin updates, and response to any data breaches.

For sites built using Hostinger Website Builder:
The platform automatically manages security, updates, and backups. The Client is responsible for renewing their domain and hosting each year.

4.2.1 Ongoing Hosting & Domain Costs

The Client is responsible for all ongoing costs required to keep the website active after handover, including hosting and domain renewal.
Annual hosting and domain fees are not included in the Website Build Fee unless expressly stated otherwise.
As of the contract date, standard estimated ongoing costs are:
• Hosting: $60 per year (billed by the hosting provider selected for the Client’s website)
• Domain renewal: $15 per year (paid directly to the registrar)
(These amounts may vary depending on provider pricing changes.)
The Client must maintain an active hosting plan and domain registration to ensure the website remains accessible.

The Service Provider is not responsible for website downtime, loss of data, or domain loss caused by the Client’s failure to maintain these services.

Once the website is transferred, the Client becomes the full owner of the domain, hosting account, and all associated settings, and is responsible for managing renewals and payments with the relevant third-party providers.
The Service Provider assumes no responsibility for hosting, security, renewals, performance, plugin updates, or any technical operation after the handover date, unless a separate ongoing maintenance agreement is signed.

5. Hosting, Maintenance & Support

For sites built using WordPress:
The Client is solely responsible for website security, privacy compliance (including obligations under the Privacy Act 1988), management of customer data, plugin updates, and response to any data breaches.

This Agreement does not include:
• Website hosting
• Maintenance or updates
• Backups or security monitoring
• Bug fixes after transfer
• Technical support unless purchased separately

For sites built using Hostinger Website Builder:
Plugins, security updates, backups, and performance optimisation are handled automatically by the platform. The Service Provider provides no ongoing technical maintenance unless a separate maintenance agreement is purchased.

5.1 Optional One-Off Support Services (Post-Handover)

The Client may request ad-hoc support services after handover, including minor updates, content changes, troubleshooting, or general assistance.

• Support services are provided only upon written request and subject to availability
• Support is billed at $75 AUD per hour (excl. GST)
• Minimum charge: one (1) hour per request, regardless of actual time taken, eg. a 15 minute task is rounded to 1 hour
• Support services are one-off only and do not create an ongoing maintenance obligation
• The Service Provider is not obligated to provide future support and may decline requests at their discretion

No support services are included unless expressly agreed in writing.

Provision of post-handover support does not reinstate or create any ongoing maintenance, hosting, security, or compliance responsibilities.

6. Intellectual Property

6.1 Service Provider IP

The Service Provider retains ownership of:
• Design methods
• Custom code, templates, or tools used in the creation process

These are licensed to the Client for perpetual use on the delivered Website.

6.2 Client IP

Once the project is paid in full:
• The Client receives rights to use the final Website for business purposes
• The Client owns their own text, images, logos, and brand elements provided to the Service Provider

7. Content & Copyright Assurance

“The Service Provider warrants that all written content provided is original and not knowingly copied from third-party copyrighted sources. However, because AI tools contribute to content generation, the Client acknowledges that the Service Provider cannot guarantee absolute uniqueness.”

The Client is responsible for ensuring:
• They hold proper licences for any supplied content
• Their final website content complies with copyright law

8. Privacy & Data Protection

After handover, the Client assumes sole responsibility for:
• Management of customer information
• Compliance with the Privacy Act 1988 (Cth)
• Any data breach notifications
• Secure storage of login credentials

The Service Provider is not liable for:
• Data breaches occurring after handover
• Misuse of the Website by the Client or third parties

9. Liability Limitation

To the maximum extent permitted by law:
• The Service Provider’s total liability is capped at the total project fee paid
• The Service Provider is not liable for lost profits, loss of data, reputational harm, or business interruption
• The Website is delivered “as is” at handover

10. Client Responsibilities

The Client agrees to:
• Provide timely content, instructions, and approvals
• Ensure all supplied content is lawful and properly licensed
• Maintain their own hosting, domain, and security systems
• Make full payment on time

11. Revisions & Additional Work

The project includes:
• [Insert number] rounds of revisions

Additional revisions or new requests are billable at $[rate]/hour or under a new fixed-price quote.

12. Cancellation Policy

If the Client cancels before project completion:
• The deposit is non-refundable
• The Client must pay for any completed work up to the cancellation date

13. Governing Law

This Agreement is governed by the laws of Australia, and any disputes shall be resolved in the courts of [Your State].

Terms and Conditions