Terms of Service

1. About these terms

These terms of service (“Terms”) govern your use of the Hammer and Byte website and any web design, development, or related services (“Services”) provided by Hammer and Byte ABN [insert ABN] (“we”, “us”, “our”). By using our website or engaging our Services, you agree to these Terms.

2. Services

We provide web design and development services for local businesses. The specific scope, deliverables, timeline, and pricing for each project will be agreed in a separate proposal or statement of work.

All Services are provided under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Nothing in these Terms excludes, restricts, or modifies any consumer guarantee or right under Australian Consumer Law that cannot be excluded by agreement.

3. Quotes and payment

• Quotes are valid for 30 days unless otherwise stated.
• A deposit may be required before work commences, as specified in the proposal.
• Final payment is due upon completion and delivery of the website, unless alternative payment terms are agreed in writing.
• All prices are in Australian dollars and inclusive of GST (if applicable).
• Overdue invoices may incur interest at the rate of 2% per month on the outstanding balance.

4. Client responsibilities

You agree to:

• Provide all content, images, logos, and information required for the project in a timely manner
• Review drafts and provide feedback within 7 business days of each review round
• Ensure all content you provide is accurate and does not infringe any third-party rights
• Obtain any necessary licences for content you supply (e.g. images, trademarks)

5. Intellectual property

Upon full payment, ownership of the custom website design and code we create for you transfers to you. This does not include:

• Third-party software, libraries, or frameworks (which remain subject to their own licences)
• Our pre-existing tools, templates, or code libraries that we may use in the project
• Stock images or fonts licensed from third parties

We retain the right to display the completed work in our portfolio and marketing materials unless otherwise agreed in writing.

6. Revisions

Unless otherwise stated in the proposal, each project includes up to two rounds of revisions. Additional revisions beyond the included rounds may be quoted separately. A “revision” means a set of changes provided in a single round of feedback — not ongoing, piecemeal changes.

7. Hosting and third-party services

Where we assist with hosting, domain registration, or other third-party services, those services are subject to the relevant provider’s terms and conditions. We are not responsible for outages, data loss, or changes to terms imposed by third-party providers.

8. Limitation of liability

To the maximum extent permitted by law (and subject to Section 2 regarding Australian Consumer Law guarantees):

• Our total liability for any claim arising from or related to our Services is limited to the fees you paid for those Services.
• We are not liable for any indirect, incidental, special, or consequential loss, including loss of revenue, profit, data, or business opportunity.
• We are not liable for any loss caused by delays in your provision of content or feedback.

9. Termination

Either party may terminate the engagement by giving 14 days’ written notice. If you terminate:

• You are liable for payment of all work completed up to the date of termination.
• Any deposit paid is non-refundable unless we have not yet commenced work.

We may terminate immediately if you breach these Terms and fail to remedy the breach within 7 days of written notice.

10. Website use

When using our website, you must not:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to our systems
• Interfere with or disrupt the website’s operation
• Scrape, harvest, or collect data from the website without our consent

11. Governing law

These Terms are governed by the laws of Victoria, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of Victoria and any courts that may hear appeals from those courts.

12. Changes to these terms

We may update these Terms from time to time. The updated version will be posted on our website with the revised date. Continued use of our website or Services after changes are posted constitutes acceptance of the updated Terms.

13. Contact us

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