Terms and Conditions of Service – Web Development

1. Introduction

2. 1. These Terms and Conditions of Service ("Terms") apply to the provision of Website Development Services ("Web Dev Services") by ListaPage ("Provider") to the customer ("Customer") and shall prevail over any conflicting terms unless a separate written agreement has been executed between the Provider and the Customer.

3. Financial Terms

4. 1. A deposit equivalent to fifty percent (50%) of the total fee outlined in the proposal ("Deposit") is required to initiate Web Dev Services. The commencement of Web Dev Services is contingent upon the full receipt of the Deposit.

   2. The balance is due upon completion of Web Dev Services or as otherwise agreed. Full payment is required before the publication of the Customer’s site on our servers (if a hosting account is purchased) or transferral of the site away from our servers.

   3. The Deposit is refundable under the following conditions:

   1. No commencement of work on the site has occurred.

   2. A refund request is submitted via email within two weeks of the Deposit receipt.

   3. The request is not due to a mere change of mind.

   4. Should the Provider be unable to fulfill its obligations, a full refund of the Deposit will be issued.

5. Research and Development

6. 1. The Provider will confer with the Customer to determine the website’s purpose, scope, and functionality. This process may occur via telephone, in-person, or video communication.

   2. The Customer is responsible for providing all branding assets, specifying fonts, and color palettes.

7. Content Provision and Website Construction

8. 1. The Customer is tasked with supplying all necessary content, which includes copy, images, videos, and other materials, unless alternate arrangements have been made.

   2. Delays in providing the required materials that lead to a delay in completion may result in reasonable extension of deadlines.

9. Variations

10. 1. Minor changes to the scope, such as text and image modifications, are permissible during development. Significant deviations will incur additional charges at a rate of AU$100.00 per hour + GST.

11. Approval and Acceptance

12. 1. Upon completion, the Customer will be notified and provided an opportunity for review.

    2. Any unreported dissatisfaction within five working days of notification will result in deemed approval.

13. Indemnification for Third-Party Software Vulnerabilities

14. 1. The Provider commits to integrating and utilizing third-party plugins, scripts, or applications (hereafter referred to as "Third-Party Software") that are necessary for the development and functionality of the website. In selecting Third-Party Software, the Provider exercises due diligence to ensure that each component is reputable, maintained by its creators, and known for its quality. This due diligence includes, but is not limited to, reviewing the Third-Party Software’s update history, security practices, and community feedback.

15. 1. Despite these precautions, the Provider acknowledges that the nature of digital software development means that it is impossible to guarantee absolute security or functionality. Therefore, the Provider cannot assume responsibility for any vulnerabilities, defects, or functionality issues that may arise from the use of Third-Party Software after the site's deployment. This includes but is not limited to:

    1. Security vulnerabilities that may be discovered in the Third-Party Software that could potentially compromise the website.

    2. Operational issues or bugs in the Third-Party Software that affect the performance or user experience of the website.

    3. Discontinuation or lack of support for the Third-Party Software by its creators, which may impact the website’s functionality or security posture.

16. 1. The Client agrees to indemnify, defend, and hold harmless the Provider from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

    1. The use of any Third-Party Software on the website.

    2. Any security breach or functionality issue that can be directly attributed to vulnerabilities, defects, or operational shortcomings of the Third-Party Software.

    3. Any legal or regulatory action that arises from the use of Third-Party Software, provided that the Provider has not willfully engaged in misconduct or negligence in the selection and integration of said software.

17. 1. In the event of identifying a significant vulnerability or issue with Third-Party Software, the Provider will (if the website is hosted and maintained by the Provider) undertake reasonable efforts to:

    1. Suggest alternatives or action mitigation strategies as inherent in the hosting plan, if available, including the selection of replacement Third-Party Software or updates.

    2. Assist in the implementation of such alternatives or mitigations, subject to the terms of the engagement and any additional costs that may arise.

18. Migration

19. 1. If the Customer wishes to host their website elsewhere, the Provider is not responsible for the migration of the website away from the development server unless otherwise arranged. The Provider will, when required to do so for migration of the website, provide required Administrator access to the website or SFTP access to the website’s files on the server.

    1. The Provider shall not be held accountable for any alterations to the website subsequent to its migration from ListaPage's development servers. It is imperative for the Customer to acknowledge the necessity of routinely updating the WordPress core, themes, and plugins to maintain the website's security and functionality. Moreover, the Provider is not obliged to notify the Customer regarding any security updates released by third-party plugin developers, the WordPress core, or theme providers. Post-migration from the Provider's servers, the responsibility for monitoring and implementing such updates will solely rest with the Customer. It is important to note that modifications to the website, whether due to updates or the lack thereof, can encompass, but are not limited to, changes or errors related to security, styling, layout, the backend dashboard, or other functionalities.