Web services terms
The terms for website builds, tune-ups and migrations.
Version 1.1 · Last updated · Zhon1 Tech Pty Ltd
These terms apply when Zhon1 Tech Pty Ltd (ACN 700 514 478, ABN 84 700 514 478) ("Zhon1", "we", "us") builds, improves, migrates or looks after a website for a client ("you"). Each project also has a written quote (sometimes called a statement of work) that sets out the scope, price and timing. If the quote and these terms disagree, the quote wins.
1. How a project starts
1.1 Free consultation. The first conversation is free and carries no obligation.
1.2 Quote. We then send a written quote describing what we will deliver, the price (in Australian dollars, including GST), the payment milestones and an estimated timeline. A quote is valid for 30 days.
1.3 Acceptance. The project starts when you accept the quote in writing (email is fine) and pay any deposit it lists.
2. What we do
2.1 We will do the work with reasonable care and skill, using current, well-supported technology, and following the accessibility and performance standards stated in the quote.
2.2 We will give you a private preview link while we build, so you can see progress.
2.3 Anything not described in the quote is outside the scope. We are happy to quote for it separately (see section 4).
3. What we need from you
- Content (text, photos, logos), access to accounts we need (for example your domain registrar or old website), and decisions, in reasonable time.
- Confirmation that you own or have permission to use the content you give us.
- If you are moving from an existing website, honest information about what it does today (forms, integrations, tracking).
If what we need arrives late, the timeline moves by the same amount.
4. Changes
If you want something different from the quote, we will tell you in writing whether it changes the price or timeline before we do it. We only proceed with a paid change once you approve it.
5. Payment
5.1 Payments are due on the milestones in the quote, within 14 days of each invoice. A typical structure is a deposit to start, a payment at preview approval, and the balance at launch.
5.2 If an invoice is overdue, we may pause work after giving you 7 days' notice. We will not take your site offline because of a late payment.
6. Review and launch
6.1 When the website is ready, we will ask you to review it. You have 10 business days to tell us about anything that does not match the quote. We will fix those items, then launch.
6.2 If you do not respond within the review period, or you put the site into use, it is treated as accepted (you keep the defect warranty in section 8).
7. Who owns what
7.1 Your website. Once you have paid in full, you own the website we built for you: its design, its content and the code we wrote specifically for it. We assign those rights to you at that point.
7.2 Our tools. We keep ownership of general-purpose tools, components and know-how we used or improved during the project, and you get a permanent, royalty-free licence to use them as part of your website.
7.3 Open-source software (for example frameworks and libraries) stays under its own licence, which allows you to use it.
7.4 Your accounts. Your domain name, hosting account, analytics and other accounts are set up in your name where possible. When the project ends we hand over all logins and documentation, and remove our own access if you ask.
7.5 Showing our work. We may show your website in our portfolio unless you ask us not to.
8. Defect warranty
For 30 days after launch we will fix, at no charge, any defect where the website does not work as described in the quote. This does not cover changes made by anyone else, new features, or problems caused by third-party services outside our control. Ongoing care after that is available as the Website Care Plan (section 14).
9. Your information and your customers' information
If your website or its old version holds personal information (for example form submissions or a user database), we will access it only to do the work, keep it secure, not copy it outside the systems we need, and delete our working copies when the project ends. Our Privacy Policy explains how we handle the information you give us.
10. Ending a project early
10.1 Either of us can end a project by written notice if the other materially breaches these terms and does not fix it within 14 days.
10.2 You can also end a project for any reason by giving written notice. You pay for the work done up to that point (based on the quote) and we hand over that work. Deposits are applied to the work done; any unused part is refunded.
11. Your rights under the Australian Consumer Law
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those rights. Where the law allows, our liability for failing to meet a guarantee is limited to supplying the services again or paying the cost of having them supplied again.
12. Liability
Subject to section 11, each party's total liability under a project is limited to the total price of that project, and neither party is liable for loss of profit or indirect or consequential loss. These limits do not apply to fraud, wilful misconduct or breach of confidentiality.
13. General
These terms are governed by the laws of Victoria, Australia. Contact us at harnish.patel@zhon1tech.com about any project.
14. Website Care Plan
14.1 What it is. The Website Care Plan is an optional monthly service for a website we built for you or moved to a new site for you. We offer it once your website has launched, by sending you a private sign-up link.
14.2 Price. A$145 per month, including GST, charged monthly in advance to your card through our payment provider, Stripe, starting on the day you sign up.
14.3 What is included.
- Hosting management: we look after your hosting and domain settings, keep the security certificate (SSL) working and remind you before your domain is due for renewal. Hosting, domain and other third-party accounts stay in your name, and you pay those providers directly.
- Updates and security: we keep the website's framework and software libraries up to date, apply security fixes, and keep the website's automated tests passing.
- Monitoring and backups: we monitor whether your website is online, are alerted if it goes down, and keep backups of its code and content.
- Small content edits: changes to the text and images on your existing pages. Bigger changes, such as new pages, new features or a redesign, are outside the plan; we will quote for them separately under section 4.
14.4 Requests. Send requests to support@zhon1tech.com. We will reply within one business day.
14.5 No minimum term. The plan renews each month until you cancel. You can cancel at any time with the Manage billing button on your care plan page, or by emailing us. Cancelling stops the next renewal; the plan continues until the end of the month you have already paid for. There are no cancellation fees. Refunds for part months are given only where the Australian Consumer Law requires them (see section 11).
14.6 Price changes. We will give you at least 30 days' notice by email before the price changes. If you do not want to continue at the new price, you can cancel before it takes effect.
14.7 Liability. For the Website Care Plan, the limit in section 12 is the total of the plan fees you paid in the 12 months before the claim.