Terms and Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern the provision of services by Hamilton Roder Pty Ltd (“Company”, “we”, “our”, “us”) to its clients (“Client”, “you”, “your”).

By engaging our services, accepting a proposal, signing a quotation, paying an invoice, or otherwise instructing us to commence work, you agree to be bound by these Terms.

2. Services

Hamilton Roder Pty Ltd provides digital services including, but not limited to:

• Website design and development
• Website maintenance and support
• Website hosting
• Email marketing
• Marketing automation
• Digital consulting and strategy
• Content management
• Search engine optimisation (SEO)
• Digital marketing services

The specific scope of services will be outlined in a separate proposal, quotation, statement of work, or service agreement.

Where any conflict exists between these Terms and a signed agreement, the signed agreement will prevail.

3. Quotes and Proposals

Quotes and proposals remain valid for thirty (30) days unless otherwise stated.

Any work requested outside the agreed scope may incur additional charges.

Variations to scope, timelines, deliverables, or functionality may require a revised quotation.

4. Client Responsibilities

The Client agrees to:

• Provide accurate information required for the project.
• Supply content, images, branding assets, and approvals within agreed timeframes.
• Obtain any necessary licences, permissions, or rights relating to supplied content.
• Review and approve deliverables promptly.

Delays in providing information or approvals may affect project timelines and delivery dates.

5. Fees and Payment

Invoices are payable within fourteen (14) days unless otherwise stated.

For project work, we may require:

• A deposit prior to commencement.
• Progress payments during delivery.
• Final payment prior to launch or handover.

Late payments may incur interest at a rate permitted under applicable Australian law.

We reserve the right to suspend services where invoices remain unpaid.

6. Ownership of Intellectual Property

Upon full payment of all fees:

• The Client will own the final approved website design, written content specifically created for the project, and other agreed deliverables.
• The Company retains ownership of its methodologies, processes, templates, frameworks, code libraries, tools, know-how, and pre-existing intellectual property.

Third-party software, plugins, themes, stock imagery, fonts, and licensed products remain subject to their respective licence terms.

7. Client Content

The Client warrants that all materials supplied to us, including text, images, logos, videos, trademarks, and other content:

• Are owned by the Client or properly licensed.
• Do not infringe the rights of any third party.
• Comply with applicable laws and regulations.

The Client indemnifies the Company against any claims arising from materials supplied by the Client.

8. Website Hosting

Where hosting services are provided:

• We will take reasonable steps to maintain service availability.
• We do not guarantee uninterrupted or error-free operation.
• Scheduled maintenance, software updates, and circumstances beyond our control may result in temporary service interruptions.

The Client remains responsible for maintaining backups of critical business information unless a separate backup service has been contracted.

9. Website Maintenance and Support

Maintenance plans may include updates, monitoring, backups, and technical support as outlined in the applicable service agreement.

Support requests outside the scope of an agreed maintenance plan may be billed at our standard hourly rate.

Response times are targets only and are not guaranteed unless expressly stated in writing.

10. Email Marketing and Marketing Automation

The Client is responsible for ensuring compliance with:

• The Spam Act 2003 (Cth)
• Privacy legislation
• Applicable marketing and communications regulations

We are not responsible for the content, legality, or performance of email campaigns approved by the Client.

Campaign performance outcomes cannot be guaranteed.

11. Search Engine Optimisation and Marketing Results

While we apply industry best practices, we do not guarantee:

• Search engine rankings
• Website traffic volumes
• Lead generation outcomes
• Sales performance
• Advertising performance

Digital marketing results are influenced by numerous factors beyond our control.

12. Third-Party Services

Projects may rely on third-party providers including:

• Hosting providers
• Domain registrars
• Email platforms
• Analytics providers
• Advertising platforms
• Software vendors

We are not liable for outages, service interruptions, policy changes, security incidents, or pricing changes imposed by third-party providers.

13. Delays and Force Majeure

We are not liable for delays caused by events beyond our reasonable control, including:

• Internet outages
• Supplier failures
• Natural disasters
• Government actions
• Cybersecurity incidents
• Labour shortages

Project timelines may be adjusted accordingly.

14. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability arising from any claim shall not exceed the fees paid by the Client for the relevant services.
• We are not liable for indirect, incidental, consequential, special, or economic losses, including loss of profits, revenue, goodwill, business opportunities, or data.

Nothing in these Terms excludes rights that cannot legally be excluded under Australian Consumer Law.

15. Warranties

We warrant that services will be performed with due care and skill.

Except as required by law, all other warranties, representations, and guarantees are excluded.

16. Termination

Either party may terminate services by providing written notice.

Upon termination:

• Outstanding invoices become immediately payable.
• Work completed to the date of termination will be invoiced.
• Access to services may be suspended until outstanding amounts are paid.

17. Confidentiality

Both parties agree to keep confidential information private and not disclose it to third parties except where required by law.

This obligation survives termination of the agreement.

18. Privacy

We handle personal information in accordance with our Privacy Policy, available on our website.

19. Governing Law

These Terms are governed by the laws of New South Wales, Australia.

Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of New South Wales.

20. Contact Details

Hamilton Roder Pty Ltd

Sydney, New South Wales, Australia

Email: info@hamiltonroder.com

Website: www.hamiltonroder.com