Terms of Service

Last updated: 17 February 2026

1. Introduction

These Terms of Service ("Terms") govern the provision of web design, development, and related digital services ("Services") by WebArt Design Pty Ltd ("WebArt", "we", "us", "our") to you ("the Client", "you", "your").

By engaging WebArt to perform Services, you agree to be bound by these Terms. These Terms should be read alongside any project proposal or quote provided to you, which will outline the specific scope, deliverables, and pricing for your project.

2. Services

WebArt provides web design, web development, mobile application development, and related digital services as described in individual project proposals. The specific scope of work, deliverables, timelines, and fees for each project will be outlined in a project proposal or quote provided to you prior to commencement.

Any work requested beyond the agreed scope will be treated as additional work and may be subject to additional fees, which will be communicated to you before the work is undertaken.

3. Quotes and Proposals

All quotes and proposals provided by WebArt are valid for 30 days from the date of issue, unless otherwise stated. A project commences once you accept a proposal and make the initial milestone payment.

4. Payment Terms

4.1 Payment Structure

Payment for Services is structured on a milestone basis, as outlined in your project proposal. The specific payment schedule, including the number of milestones and amounts, will be agreed upon before work commences.

4.2 Payment Methods

Payment is due within 7 days of each milestone invoice being issued, unless otherwise agreed in writing.

4.3 Late Payments

If payment is not received within the agreed timeframe, WebArt reserves the right to pause work on the project until payment is received. Continued non-payment may result in termination of the project in accordance with Section 8.

5. Intellectual Property

5.1 Ownership During the Project

All intellectual property rights in the work produced by WebArt, including but not limited to designs, code, graphics, and content created as part of the project, remain the property of WebArt until all payments have been received in full.

5.2 Transfer of Ownership

Upon receipt of full and final payment, intellectual property rights in the deliverables specified in your project proposal will transfer to you, except for:

  • Third-party assets – Any third-party code, libraries, fonts, images, or other assets used in the project remain subject to their respective licences.
  • Pre-existing materials – Any tools, frameworks, or code that WebArt developed prior to or independently of your project remain the property of WebArt.

5.3 Portfolio Rights

WebArt retains the right to display and reference completed work in our portfolio, website, and marketing materials, unless you request otherwise in writing.

6. Client Responsibilities

To enable us to deliver the project effectively, you agree to:

  • Provide all required content, assets, and information in a timely manner
  • Provide timely feedback and approvals at each project milestone
  • Ensure that any materials you provide do not infringe on any third-party rights
  • Designate a primary point of contact for the project

Delays caused by late provision of materials or feedback may result in adjusted timelines and, in some cases, additional fees.

7. Revisions and Amendments

The number of revision rounds included in your project will be specified in your project proposal. Additional revisions beyond the agreed scope may incur extra charges, which will be communicated to you before the work is undertaken.

8. Cancellation and Termination

8.1 Cancellation by the Client

You may cancel the project at any time by providing 14 days' written notice. In the event of cancellation:

  • All payments for work completed up to the date of cancellation are non-refundable
  • If work has been completed beyond what has been paid for, you will be invoiced for the additional work at the rates specified in your project proposal
  • No transfer of intellectual property will occur for any unpaid work

8.2 Cancellation by WebArt

WebArt may terminate a project with 14 days' written notice if:

  • Payment remains outstanding for more than 30 days
  • The Client is unresponsive for more than 30 consecutive days despite reasonable attempts to make contact
  • The Client engages in conduct that is abusive, threatening, or otherwise unreasonable

9. Warranty

9.1 Bug Fix Period

WebArt provides a 60-day warranty period from the date of project delivery. During this period, we will fix any bugs or defects in the delivered work at no additional charge. A bug is defined as functionality that does not work as specified in the agreed project scope.

9.2 Exclusions

The warranty does not cover:

  • Issues caused by modifications made by you or a third party after delivery
  • Changes to third-party services, APIs, or platforms beyond our control
  • New features, enhancements, or changes to the original scope
  • Issues arising from hosting environments not specified or recommended by WebArt

10. Limitation of Liability

To the maximum extent permitted by law, WebArt's total liability to you for any claim arising from or in connection with the Services is limited to the total fees paid by you for the specific project in question.

WebArt is not liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of revenue, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

11. Website Content Disclaimer

11.1 General Information

The content on this website, including blog posts, articles, and service descriptions, is provided for general informational purposes only. It does not constitute professional advice. You should seek independent advice before acting on any information published on this website.

11.2 Portfolio and Case Studies

Examples of past work displayed in our portfolio and case studies are provided to illustrate our capabilities. Past results do not guarantee similar outcomes for future projects, as each project has unique requirements, scope, and circumstances.

11.3 Accuracy

While we make reasonable efforts to ensure the information on this website is accurate and up to date, we do not warrant that it is free from errors or omissions. WebArt is not liable for any loss or damage arising from reliance on information published on this website.

12. Australian Consumer Law

Nothing in these Terms is intended to exclude, restrict, or modify any rights you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law. Where our Services come with guarantees that cannot be excluded under Australian Consumer Law, our liability for failure to comply with those guarantees is limited to re-supplying the Services or paying the cost of having them re-supplied.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of the project. This obligation survives the completion or termination of the project.

14. Governing Law

These Terms are governed by the laws of Western Australia. Both parties submit to the exclusive jurisdiction of the courts of Western Australia for any dispute arising under or in connection with these Terms.

15. Contact Us

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

  • Email: info@webartdesign.com.au
  • Phone: (08) 6185 1717
  • Address: Suite 21/2244 Albany Hwy, Gosnells WA 6110

16. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated "Last updated" date. Continued engagement of our Services after changes are posted constitutes acceptance of the revised Terms.