Terms & Conditions

Last Updated: October 23, 2025

1. Introduction

Welcome to Smart Build Digital (“we,” “us,” “our,” or “the Company”). These Terms and Conditions (“Terms”) govern your use of our website and services, including WordPress website development and AI-powered chatbot solutions.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

Business Details:
Smart Build Digital
Bbusiness address, Australia
ABN: [Your ABN]
Email: info@smartbuilddigital.com.au
Phone: 123 456 789

2. Services

2.1 Service Offerings

Smart Build Digital provides the following services:

WordPress website design and development
Custom website solutions using Elementor and WordPress plugins
AI-powered chatbot development and integration
Website maintenance and support
Digital marketing solutions
Related web development and digital services

2.2 Service Scope

The specific scope of services will be outlined in:

A project proposal or quote
A service agreement or contract
Written communications confirming the engagement

We reserve the right to refuse service to anyone for any lawful reason.

2.3 Custom Development

All custom development work is based on the specifications agreed upon in writing. Any additional features or changes requested after project commencement may incur additional fees.

3. Pricing and Payment

3.1 Quotes and Pricing

All prices are quoted in Australian Dollars (AUD) unless otherwise specified
Quotes are valid for 30 days unless otherwise stated
Prices exclude GST unless explicitly stated as GST-inclusive
We reserve the right to adjust pricing with reasonable notice

3.2 Payment Terms

Payment terms will be specified in your project proposal or invoice
Standard payment terms are:
- 50% deposit upon project commencement
- 50% balance upon project completion
- Or as otherwise agreed in writing
Invoices are payable within 14 days of issue unless otherwise specified
Late payments may incur interest charges of 2% per month or the maximum rate permitted by law

3.3 Payment Methods

We accept payment via:

Bank transfer/EFT
Credit card
Other methods as agreed in writing

3.4 Non-Payment

If payment is not received:

We reserve the right to suspend or terminate services
We may withhold delivery of completed work until payment is received in full
We may take legal action to recover outstanding amounts
You remain liable for all costs incurred in collecting overdue payments

4. Project Timeline and Delivery

4.1 Timelines

Project timelines are estimates based on the information provided
Timelines depend on your timely provision of required materials (content, images, feedback, approvals)
Delays caused by client unavailability or failure to provide materials may extend the timeline
We will make reasonable efforts to meet agreed deadlines but are not liable for delays outside our control

4.2 Client Responsibilities

You agree to:

Provide all necessary materials, content, and information in a timely manner
Provide clear and timely feedback on drafts and revisions
Respond to communications within a reasonable timeframe
Make timely payments as agreed
Ensure you have rights to all materials you provide to us

4.3 Delays

We are not liable for delays caused by:

Client failure to provide materials or feedback
Third-party service provider issues
Force majeure events (natural disasters, pandemics, etc.)
Technical issues beyond our reasonable control

5. Revisions and Changes

5.1 Included Revisions

Each project includes a specified number of revision rounds as outlined in your project proposal. Additional revisions beyond the agreed scope may incur additional fees.

5.2 Scope Changes

Changes to the project scope after commencement:

Must be requested in writing
May require additional fees and extended timelines
Will be assessed and quoted separately
Require mutual agreement before implementation

6. Intellectual Property

6.1 Client Content

You retain all rights to content, images, and materials you provide to us. By providing these materials, you grant us a license to use them for the purpose of delivering our services.

6.2 Completed Work

Upon full payment:

You receive ownership of the final, custom-developed website design and content
You receive a license to use the completed website for its intended purpose
We retain rights to any pre-existing code, templates, plugins, or tools used in development
We retain rights to our development methodologies and processes

6.3 Third-Party Components

Your website may include:

WordPress (open-source CMS)
Third-party themes and plugins
Stock images or fonts (properly licensed)
Third-party integrations and APIs

These components are subject to their respective licenses. You are responsible for maintaining compliance with these licenses.

6.4 Our Rights

We reserve the right to:

Showcase completed work in our portfolio (unless otherwise agreed in writing)
Reference you as a client in our marketing materials
Use project learnings to improve our services for other clients

If you require confidentiality, this must be agreed upon in writing before project commencement.

7. Warranties and Disclaimers

7.1 Our Warranties

We warrant that:

Services will be performed with reasonable care and skill
Work will substantially conform to agreed specifications
We have the right to provide the services offered

7.2 Website Functionality

We warrant that your website will function as specified at the time of delivery. However:

We do not guarantee compatibility with future browser versions, WordPress updates, or third-party plugins
Website performance depends on factors outside our control (hosting, internet connection, user devices)
Third-party plugins and services are subject to their own terms and may change or discontinue

7.3 Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Services are provided “as is” without warranties beyond those explicitly stated
We make no warranties regarding uninterrupted or error-free operation
We do not warrant that your website will achieve specific business results
We are not responsible for content you add to your website after delivery

7.4 AI Services Disclaimer

AI-powered chatbots and tools:

May occasionally produce unexpected or inaccurate responses
Require ongoing monitoring and refinement
Are subject to the limitations of underlying AI technology
Should be reviewed and tested before deployment with real customers

8. Limitation of Liability

8.1 Liability Cap

To the maximum extent permitted by law, our total liability for any claim arising from our services is limited to the total amount paid by you for the specific services giving rise to the claim.

8.2 Excluded Damages

We are not liable for:

Indirect, incidental, or consequential damages
Loss of profits, revenue, or business opportunities
Loss of data (maintain your own backups)
Damages resulting from unauthorized access, viruses, or security breaches
Third-party actions or services
Your misuse of delivered services

8.3 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or other applicable law that cannot be lawfully excluded.

9. Website Maintenance and Support

9.1 Post-Launch Support

Unless otherwise agreed:

We provide [specify period, e.g., 30 days] of complimentary post-launch support for bug fixes
Support covers issues arising from our development work, not user error or third-party services
After the support period, ongoing maintenance is available under separate agreement

9.2 Website Maintenance

Ongoing website maintenance may include:

WordPress and plugin updates
Security monitoring
Backups
Performance optimization
Content updates

Maintenance services are available under separate maintenance agreements with specific terms and pricing.

9.3 Your Responsibilities

If you choose to self-manage your website:

You are responsible for maintaining backups
You are responsible for updating WordPress, themes, and plugins
We are not liable for issues arising from your modifications or lack of maintenance

10. Hosting and Domain Names

10.1 Hosting Services

If we arrange hosting on your behalf:

You are responsible for hosting fees (billed separately)
Hosting is subject to the hosting provider’s terms and conditions
We are not liable for hosting provider issues or downtime
You should maintain your own backups

10.2 Domain Names

Domain registration and renewal are your responsibility
We can assist with domain registration but you remain the domain owner
Ensure domain renewals are up to date to avoid service interruption

10.3 Access and Credentials

You must provide necessary access credentials for hosting, domains, and third-party services
You are responsible for maintaining the security of your credentials
We will not share your credentials with unauthorized parties

11. Confidentiality

11.1 Confidential Information

Both parties agree to:

Keep confidential information disclosed during the engagement confidential
Use confidential information only for the purpose of fulfilling the service agreement
Not disclose confidential information to third parties without consent

11.2 Exceptions

Confidentiality obligations do not apply to information that:

Is publicly available
Was known prior to disclosure
Is independently developed
Must be disclosed by law

12. Termination

12.1 Termination by Client

You may terminate the engagement by providing written notice. Upon termination:

You remain liable for all fees for work completed up to the termination date
We will invoice for all outstanding work
We may retain a termination fee as specified in your agreement
Incomplete work and files may be provided at our discretion upon full payment

12.2 Termination by Us

We may terminate the engagement if:

You fail to make payment as agreed
You breach these Terms
You fail to provide necessary materials or cooperation
Continuing the engagement becomes impractical or impossible

12.3 Effect of Termination

Upon termination:

All outstanding invoices become immediately due
You must cease using any incomplete work or deliverables
Each party returns or destroys confidential information as requested
Provisions intended to survive termination remain in effect

13. Third-Party Services and Links

13.1 Third-Party Services

Our services may integrate with or rely on third-party services:

WordPress plugins and themes
Payment processors
Email services
Analytics tools (Google Analytics, Bing Webmaster Tools, etc.)
AI platforms (ChatGPT, Claude, Copilot, Meta AI, Google Gemini, etc.)
Other web services and APIs

These services are subject to their own terms and conditions. We are not responsible for third-party service availability, functionality, or privacy practices.

13.2 External Links

Our website may contain links to third-party websites. We are not responsible for the content, privacy practices, or terms of external sites.

14. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which should be read in conjunction with these Terms.

By using our services, you consent to our collection and use of information as described in our Privacy Policy.

15. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

Your breach of these Terms
Your use of our services
Content you provide to us
Your violation of any third-party rights
Your website content or use after delivery

16. Force Majeure

We are not liable for failure to perform obligations due to circumstances beyond our reasonable control, including:

Natural disasters
War, terrorism, or civil unrest
Pandemics or health emergencies
Government actions or regulations
Internet or telecommunications failures
Third-party service provider failures

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of [Your State/Territory], Australia. Both parties submit to the non-exclusive jurisdiction of the courts of [Your State/Territory].

17.2 Dispute Process

In the event of a dispute:

The parties agree to first attempt to resolve the dispute through good faith negotiation
If negotiation fails, the parties agree to attempt mediation before commencing legal proceedings
Each party bears its own costs for negotiation and mediation
Nothing prevents either party from seeking urgent injunctive relief

18. General Provisions

18.1 Entire Agreement

These Terms, together with any project proposal, service agreement, and our Privacy Policy, constitute the entire agreement between the parties and supersede all prior agreements or understandings.

18.2 Amendments

We may update these Terms from time to time. Updated Terms will be posted on our website with a new “Last Updated” date. Continued use of our services after changes constitutes acceptance of the updated Terms.

For active projects, material changes will be communicated to you directly.

18.3 Severability

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

18.4 Waiver

Failure to enforce any provision does not constitute a waiver of that provision or any other provision.

18.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor or affiliated entity.

18.6 Notices

All notices must be provided in writing to the email addresses or postal addresses specified in these Terms or your service agreement.

18.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

19. Acceptance

By using our website, engaging our services, or signing a proposal or agreement that references these Terms, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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

Smart Build Digital
Email: info@smartbuilddigital.com.au
Phone: 123 456 789
Address: Business address, Australia

Important: These Terms and Conditions are a legally binding agreement. Please read them carefully and seek legal advice if needed before engaging our services.