Terms of Service

GetQuickSites Pty Ltd (ABN 82 690 212 474)
220 Collins Street, Melbourne VIC 3000
[email protected] · (03) 7056 9915

Effective date: 3 August 2026 · Version 2.0

These Terms of Service ("Terms") govern the supply of design, development, and related services by GetQuickSites Pty Ltd ("GetQuickSites", "we", "us", "our") to you, the client ("you", "your", the "Client"). By engaging us, accepting a written quote or proposal, or paying a deposit, you agree to these Terms. If you are entering into these Terms on behalf of a company or other entity, you warrant that you have authority to bind that entity.

These Terms, together with any written quote, proposal, statement of work, or scope document we provide (each a "Project Document"), form the entire agreement between us. Where a Project Document conflicts with these Terms, the Project Document prevails for that engagement.

1. Services

1.1 We provide software and web development services, which may include websites, web applications, SaaS platforms, e-commerce systems, custom content management systems, platform migrations, MVP development, custom software, and search optimisation services (including technical SEO and AI search optimisation) (the "Services").

1.2 The specific scope, deliverables, timeline, and fees for your engagement are set out in the applicable Project Document (the "Deliverables"). We are only obliged to provide the Services and Deliverables expressly described in that Project Document.

1.3 Anything not expressly included in a Project Document is out of scope and, if requested, will be quoted and agreed separately in writing before we undertake it (see clause 6).

2. Quotes, engagement, and fees

2.1 Quotes are valid for thirty (30) days from issue unless otherwise stated.

2.2 Payment terms are set out in your Project Document. Depending on the project, we may require a deposit before commencing, staged or milestone payments, or full payment in advance. Where a deposit applies, it is typically 50% of the project fee, with the balance payable on completion prior to final handover or go-live — but the specific terms for your project are those stated in your Project Document.

2.3 Any deposit or advance payment secures your project slot and covers work commenced. Deposits and amounts paid for work already performed are non-refundable, except as set out in clause 9 and except where a non-excludable right under the Australian Consumer Law applies.

2.4 Where we agree a milestone-based structure, each milestone payment falls due on completion of that milestone and is non-refundable once the milestone work is delivered.

2.5 Time for payment is of the essence. If an invoice remains unpaid seven (7) days after its due date, we may (a) suspend work and withhold Deliverables, access, or hosting; and (b) charge interest on the overdue amount at 2% per annum above the Reserve Bank of Australia cash rate, accruing daily from the due date until paid.

2.6 You are responsible for all third-party costs necessary for your project — including but not limited to domain registration, hosting, payment-processor fees, third-party software licences, subscriptions, and API usage — whether paid by you directly or reimbursed to us. These are separate from our fees.

3. Timelines and delivery

3.1 We work quickly and aim to deliver most standard website builds within 48 hours of receiving everything we need from you. Any timeframe we quote — including "48 hours" — is a good-faith estimate and target, not a contractual guarantee. Delivery times depend on project complexity, third-party dependencies, and your timely provision of content, access, and approvals.

3.2 Timelines assume you provide all required content, credentials, brand assets, feedback, and approvals promptly. Delays caused by late or incomplete materials, delayed feedback, or scope changes extend delivery timeframes accordingly and are not our responsibility.

3.3 We are not liable for delays caused by third parties or by events beyond our reasonable control (see clause 12).

4. Your responsibilities

4.1 To enable us to deliver, you agree to:

(a) provide accurate, complete, and lawful content, materials, and information when required;
(b) provide timely access to any accounts, systems, domains, or platforms we need;
(c) review and respond to requests for feedback and approval within a reasonable time;
(d) nominate a single point of contact authorised to give approvals; and
(e) ensure any content you supply does not infringe the rights of any third party.

4.2 You warrant that you own, or have all necessary rights and licences to use, any content, trademarks, logos, images, text, or other materials you provide to us, and that our use of them in providing the Services will not infringe any third party's rights. You indemnify us against any claim, loss, or liability arising from a breach of this warranty (see clause 11).

5. Approvals and revisions

5.1 Each Project Document specifies the number of revision rounds included. Additional revisions beyond those included, and any changes requested after you have approved a Deliverable, are chargeable and treated as a scope change under clause 6.

5.2 Deliverables are deemed accepted on the earlier of (a) your written approval, or (b) five (5) business days after delivery if you have not raised specific, reasonable revision requests within that period. Go-live or use of a Deliverable in production constitutes acceptance.

6. Changes to scope

6.1 If you request work outside the agreed scope, we will provide a written estimate of the additional fees and any timeline impact. We are not obliged to begin out-of-scope work until you approve that estimate in writing.

6.2 We may reasonably decline out-of-scope requests, or requests that would materially change the nature of the engagement.

7. Intellectual property

7.1 On full and final payment of all fees due for a project, ownership of the final Deliverables created specifically for you under that project — including the custom code, design, and content we produce for you — transfers to you. Until full payment is received, we retain all right, title, and interest in the Deliverables, and any licence to use them is conditional on payment.

7.2 We retain ownership of, and nothing in these Terms transfers to you any rights in: our pre-existing materials, tools, frameworks, libraries, methodologies, know-how, and any general-purpose or reusable components, code, or techniques we use across engagements ("Background IP"). To the extent our Background IP is embedded in your Deliverables, we grant you a perpetual, non-exclusive, non-transferable licence to use it as part of those Deliverables.

7.3 Third-party materials (including open-source components, stock assets, fonts, plugins, and third-party services) remain subject to their own licences, and you are responsible for complying with those licences and for any associated fees.

7.4 Unless you tell us in writing that you object, we may reference the fact that we worked with you, and display non-confidential Deliverables, in our portfolio and marketing materials.

8. Confidentiality

8.1 Each party may receive confidential information of the other. Each party agrees to keep the other's confidential information confidential, to use it only for the purposes of the engagement, and not to disclose it to third parties except to personnel or subcontractors who need it and are bound by equivalent obligations.

8.2 This clause does not apply to information that is or becomes public through no fault of the receiving party, was lawfully known before disclosure, or is required to be disclosed by law.

8.3 Where a separate non-disclosure agreement is signed, it applies in addition to this clause, and the more protective provision prevails.

9. Refunds and cancellation

9.1 Either party may terminate an engagement by written notice if the other materially breaches these Terms and fails to remedy the breach within fourteen (14) days of written notice.

9.2 If you cancel a project after work has commenced:

(a) the deposit is non-refundable;
(b) you remain liable for all work performed and all third-party costs incurred up to the date of cancellation; and
(c) where fees paid exceed the value of work performed and costs incurred, we will refund the excess.

9.3 If we fail to deliver the agreed Deliverables and the failure is our fault, you are entitled to a refund of fees paid for the undelivered Deliverables, less the value of any work already accepted and any third-party costs already incurred. This is your primary remedy for non-delivery.

9.4 Nothing in this clause limits any right you have under the Australian Consumer Law that cannot lawfully be excluded (see clause 10).

10. Australian Consumer Law

10.1 Our Services come with guarantees that cannot be excluded under the Australian Consumer Law ("ACL"). Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the ACL or any other law that cannot lawfully be excluded.

10.2 To the maximum extent permitted by law, where our liability for a failure to comply with an ACL guarantee can be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of having the Services resupplied.

11. Limitation of liability

11.1 Subject to clause 10, and to the maximum extent permitted by law:

(a) our total aggregate liability to you arising out of or in connection with an engagement — whether in contract, tort (including negligence), under statute, or otherwise — is limited to the total fees you have paid us for that engagement;

(b) we are not liable for any indirect, incidental, special, or consequential loss, or for any loss of profit, revenue, business, goodwill, anticipated savings, or data, however arising; and

(c) we are not liable for any loss or damage arising from third-party services, platforms, hosting, or software outside our reasonable control, or from your own acts, omissions, or misuse of the Deliverables.

11.2 You acknowledge that our fees are set on the basis of the limitations in this clause, and that the allocation of risk it reflects is reasonable.

12. Events beyond our control

12.1 We are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control, including acts of God, natural disaster, failure of telecommunications or internet infrastructure, failure or outage of third-party services or platforms, cyber-attack, power failure, industrial action, epidemic, or government action.

13. Warranties and support

13.1 We warrant that the Services will be performed with due care and skill. Except for this warranty and any non-excludable ACL guarantee, and to the maximum extent permitted by law, the Services and Deliverables are provided "as is" and we make no other warranties, express or implied.

13.2 Unless a Project Document includes an ongoing support, maintenance, or hosting arrangement, our engagement ends on handover, and any subsequent support, changes, or maintenance are chargeable and quoted separately.

14. Additional protections

14.1 No guarantee of results. We provide software and web development services with due care and skill. We do not guarantee any particular commercial outcome — including search rankings, AI-search citations, traffic, leads, sales, revenue, or conversion rates. Search engines, AI systems, and third-party platforms are controlled by others and change constantly; results depend on many factors outside our control. Any examples, estimates, or projections we discuss are illustrative, not promises.

14.2 Third-party platforms and services. Our Deliverables may rely on third-party platforms, hosting, software, APIs, and services. We do not control these and are not responsible for their availability, performance, changes, pricing, discontinuation, or security. Where a third party changes or withdraws a service and this affects your Deliverables, any remedial work is out of scope and chargeable.

14.3 Backups and data. Unless a written support or maintenance arrangement says otherwise, you are responsible for maintaining your own backups of your website, application, content, and data after handover. We are not liable for any loss of data, content, or configuration after Deliverables have been handed over to you.

14.4 Security. We apply reasonable, industry-standard security practices. However, no system is completely secure, and we do not warrant that Deliverables will be free from vulnerabilities or immune from unauthorised access, malware, or attack. After handover, keeping the system, its credentials, and any third-party software updated and secure is your responsibility unless we are separately engaged to do so.

14.5 Client conduct and acceptable use. You are responsible for how the Deliverables are used once handed over, and for ensuring your use — and your content — complies with all applicable laws. We are not responsible for any unlawful, infringing, or improper use of the Deliverables by you or your users.

14.6 Third-party recovery. To the maximum extent permitted by law, you will not bring a claim against us in respect of any loss to the extent it is caused or contributed to by you, your personnel, your content, a third party, or a matter outside our reasonable control.

14.7 Non-solicitation of personnel. During an engagement and for twelve (12) months after it ends, you agree not to directly solicit for employment or engagement any of our personnel or subcontractors involved in your project, without our prior written consent.

14.8 Survival. Clauses relating to intellectual property, confidentiality, payment obligations, limitation of liability, and these additional protections survive the completion or termination of an engagement.

14.9 Indemnity. You indemnify us, and our personnel and subcontractors, against any claim, loss, liability, cost, or expense (including reasonable legal costs) arising from (a) your breach of these Terms; (b) content or materials you supply; (c) your use of the Deliverables; or (d) your breach of any third-party right or applicable law. This indemnity is subject to any non-excludable rights you have under the Australian Consumer Law.

15. General

15.1 Governing law. These Terms are governed by the laws of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of Victoria.

15.2 Assignment. You may not assign or transfer your rights or obligations without our prior written consent. We may subcontract or assign our obligations provided the Deliverables and standard of service are maintained.

15.3 Entire agreement. These Terms and the applicable Project Document are the entire agreement between the parties and supersede all prior discussions, representations, and understandings.

15.4 Variation. We may update these Terms from time to time. The version in force when you accept a quote or pay a deposit governs that engagement.

15.5 Severability. If any provision is found unenforceable, it is severed and the remaining provisions continue in force.

15.6 Waiver. A failure or delay in exercising a right is not a waiver of that right.

15.7 Notices. Notices must be in writing and sent to the email or postal address above, or to the address you have provided to us.

These Terms are provided by GetQuickSites Pty Ltd. For questions, contact [email protected].