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Terms of Service

Web design and development service terms and conditions

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Joshua Schubert trading as Project ONE ("Project ONE", "we", "us", or "our") for web design, web development, and related digital services.

By engaging our services, you agree to be bound by these Terms. If you do not agree to these Terms, do not engage our services.

2. Services Provided

2.1 Scope of Services

Project ONE provides web design and development services, which may include but are not limited to:

  • Website design (UI/UX)
  • Website development (front-end and back-end)
  • Responsive web design (mobile, tablet, desktop)
  • E-commerce solutions
  • Website maintenance and updates
  • Brand identity and visual design
  • Content management system (CMS) integration
  • Website hosting setup and configuration

2.2 Project Scope

The specific services to be provided will be outlined in a separate project proposal, quote, or statement of work ("SOW"). The SOW will detail:

  • Project deliverables
  • Timeline and milestones
  • Pricing and payment terms
  • Revision allowances
  • Responsibilities of both parties

Any work outside the agreed SOW will be considered additional work and will be quoted and billed separately.

3. Payment Terms

3.1 Pricing

Project pricing will be provided in writing via quote or proposal. All prices are in Australian Dollars (AUD) unless otherwise specified and are inclusive of GST (if applicable).

3.2 Deposit

A non-refundable deposit of 50% of the total project cost is required before work commences. This deposit secures your project slot in our schedule.

3.3 Payment Schedule

Unless otherwise agreed in writing, payments are structured as follows:

  • 50% deposit: Due upon acceptance of proposal (before work begins)
  • 50% final payment: Due upon project completion and before final delivery

For larger projects, milestone-based payments may be agreed upon in the SOW.

3.4 Payment Methods

We accept payment via:

  • Bank transfer (EFT)
  • PayPal
  • Credit/debit card (via invoice)

3.5 Late Payments

Invoices are due within 7 days of receipt unless otherwise stated. Late payments may incur:

  • An interest charge of 1.5% per month (18% per annum) on overdue amounts
  • Suspension of work until payment is received
  • Withholding of files, source code, and website access until full payment is made

3.6 Additional Costs

The following costs are typically NOT included in our project fees and will be billed separately or paid directly by the Client:

  • Domain name registration/renewal
  • Web hosting fees
  • Stock photography, fonts, or other licensed assets
  • Third-party plugins or software licenses
  • Content writing or copywriting (unless specified in SOW)

4. Client Responsibilities

4.1 Timely Provision of Materials

The Client agrees to provide all necessary materials in a timely manner, including:

  • Brand assets (logos, color palettes, fonts)
  • Written content and copy
  • Images, videos, and multimedia
  • Access credentials (hosting, domain, CMS, etc.)
  • Feedback and approvals at each project stage

Project timelines are contingent on the Client providing materials within the agreed timeframe. Delays in providing materials may result in project delays, and Project ONE is not liable for missed deadlines caused by the Client.

4.2 Feedback and Approvals

The Client agrees to:

  • Review deliverables within 5 business days of submission
  • Provide clear, consolidated feedback
  • Approve work in writing (email confirmation is acceptable)
  • Understand that approved work is considered final and changes may incur additional fees

If no feedback is received within 10 business days, the work will be deemed approved and the project will proceed to the next phase.

4.3 Content Accuracy

The Client is solely responsible for the accuracy, legality, and appropriateness of all content provided. Project ONE is not responsible for errors in Client-provided content.

5. Revisions and Changes

5.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in the SOW (typically 2-3 rounds). A "revision round" includes all feedback provided at one time for a specific deliverable.

5.2 Additional Revisions

Revisions beyond the included allowance will be billed at our standard hourly rate of $100 AUD per hour.

5.3 Scope Changes

Requests for additional features, pages, or functionality not included in the original SOW will be treated as a new project or change order and will be quoted separately.

6. Project Timeline

6.1 Estimated Timeline

Project timelines are estimates and depend on:

  • Timely Client feedback and approvals
  • Availability of required materials
  • Complexity of the project
  • Unforeseen technical challenges

6.2 Delays

Project ONE will make reasonable efforts to meet agreed deadlines. However, we are not liable for delays caused by:

  • Client failure to provide materials or feedback
  • Scope changes or additional revision requests
  • Third-party service outages (hosting, domain providers, etc.)
  • Force majeure events (natural disasters, pandemics, etc.)

7. Intellectual Property Rights

7.1 Ownership Upon Full Payment

Upon receipt of full payment, the Client will own the final deliverables, including:

  • Custom website design
  • Custom code and development work
  • Final website files

Note: Ownership is transferred ONLY after full payment is received. Until then, all work remains the property of Project ONE.

7.2 Third-Party Assets

The Client does NOT own:

  • Third-party themes, templates, or frameworks (e.g., Webflow templates)
  • Third-party plugins or libraries
  • Stock images, fonts, or icons (unless purchased and licensed separately)
  • Open-source software (governed by their respective licenses)

7.3 Project ONE Rights

Project ONE retains the right to:

  • Use completed projects in our portfolio, case studies, and marketing materials
  • Reuse general design techniques, code snippets, and methodologies
  • Display your project on our website and social media (with your permission)

If you require confidentiality or do not wish for your project to be showcased, please notify us in writing before the project begins.

7.4 Client-Provided Materials

The Client warrants that:

  • They own or have the right to use all materials provided to Project ONE
  • The materials do not infringe on any third-party intellectual property rights
  • Project ONE has the right to use these materials for the project

8. Website Maintenance and Support

8.1 Bug Fix Warranty

Project ONE provides a 90-day bug fix warranty from the date of project launch. During this period, we will fix any bugs or errors in our work at no additional cost, provided:

  • The bug was caused by our work (not third-party plugins or hosting)
  • The website has not been modified by the Client or a third party
  • The bug is reported within the 90-day period

8.2 Post-Warranty Support

After the 90-day warranty period, support and maintenance are available on an hourly basis or through a monthly retainer agreement. Contact us for pricing.

8.3 Website Updates

The Client is responsible for:

  • Updating website content (text, images)
  • Renewing domain name and hosting
  • Maintaining third-party plugins and software

If you require ongoing maintenance, we offer monthly retainer packages. Contact us for details.

9. Hosting and Domain

9.1 Client Responsibility

The Client is responsible for:

  • Purchasing and renewing their domain name
  • Purchasing and maintaining web hosting
  • Paying for any hosting or domain-related fees

9.2 Recommendations

We can provide recommendations for hosting and domain providers, but the final decision and responsibility lie with the Client.

9.3 Setup Assistance

If requested, Project ONE can assist with domain and hosting setup (may incur additional fees).

10. Termination and Cancellation

10.1 Termination by Client

The Client may terminate the project at any time by providing written notice. In the event of termination:

  • The Client will be invoiced for all work completed up to the termination date
  • The deposit is non-refundable
  • The Client will receive work completed up to the termination point (upon full payment)
  • A kill fee of 25% of the remaining project cost may apply if termination occurs after 50% project completion

10.2 Termination by Project ONE

Project ONE may terminate the project if:

  • The Client fails to make timely payments
  • The Client fails to provide necessary materials or feedback after multiple requests
  • The Client engages in abusive, threatening, or unprofessional behavior
  • The project is found to violate laws or ethical guidelines

In such cases, the Client will be invoiced for work completed, and any refund of the deposit will be at Project ONE's discretion.

11. Limitation of Liability

11.1 Liability Cap

Project ONE's total liability for any claim arising from these Terms or the services provided will not exceed the total amount paid by the Client for the specific project in question.

11.2 No Consequential Damages

Project ONE is not liable for any indirect, incidental, special, or consequential damages, including:

  • Loss of profits or revenue
  • Loss of data
  • Business interruption
  • Reputational harm

11.3 Third-Party Services

Project ONE is not liable for:

  • Downtime or issues caused by third-party hosting, domain, or plugin providers
  • Data breaches caused by weak Client passwords or security practices
  • Issues arising from Client-provided content or materials

12. Warranties and Disclaimers

12.1 Quality of Work

Project ONE warrants that:

  • Services will be performed with reasonable skill and care
  • Work will conform to industry standards
  • Final deliverables will match the agreed specifications in the SOW

12.2 No Guarantees

Project ONE does NOT guarantee:

  • Specific search engine rankings or SEO results
  • Specific traffic, conversion rates, or revenue increases
  • Compatibility with all future browsers, devices, or technologies
  • 100% uptime (dependent on hosting provider)

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the project. This includes:

  • Business strategies and plans
  • Financial information
  • Login credentials and access codes
  • Unpublished designs or content

This confidentiality obligation survives termination of the project.

14. Indemnification

The Client agrees to indemnify and hold harmless Project ONE from any claims, damages, or expenses arising from:

  • Client-provided content that infringes on third-party rights
  • Client's use of the website in violation of laws or regulations
  • Client's failure to maintain the website or keep software updated

15. Dispute Resolution

15.1 Good Faith Negotiation

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

15.2 Mediation

If negotiation fails, both parties agree to participate in mediation before pursuing legal action.

15.3 Governing Law

These Terms are governed by the laws of Queensland, Australia. Any legal proceedings must be brought in the courts of Queensland.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any SOW or proposal, constitute the entire agreement between the parties and supersede all prior discussions or agreements.

16.2 Amendments

Any changes to these Terms must be made in writing and signed by both parties.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.4 Assignment

The Client may not assign or transfer these Terms without prior written consent from Project ONE.

16.5 Independent Contractor

Project ONE is an independent contractor, not an employee or agent of the Client.

17. Contact Information

If you have any questions about these Terms of Service, please contact us:

Project ONE
Joshua Schubert
Cairns, QLD, Australia

Email: hello@project-one.design
Phone: +61 479 055 890


Last Updated: October 21, 2025
These Terms of Service are governed by the laws of Queensland, Australia.