Terms of Service

White Collar Websites

By engaging White Collar Websites (ABN: 66 578 506 889), operated by Helena Kingston (“we”, “us”, “our”), you (“the client”) agree to the following Terms of Service. These terms govern all web design, graphic design, e-commerce, hosting, maintenance, and support services provided by White Collar Websites.

These Terms of Service are governed by the laws of Victoria, Australia, and any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.

1. Services

White Collar Websites provides web design, graphic design, e-commerce development, website hosting, maintenance, and ongoing support services to small businesses across Australia.

The scope of services for each project will be agreed upon in writing (including via email) prior to commencement. Any work requested outside the agreed scope may be subject to additional charges.

2. Quotes & Payment

All quotes provided are valid for 30 days from the date of issue. Quotes are based on the information provided at the time of enquiry and may be revised if the scope of work changes.

Payment terms are as follows:

  • A non-refundable deposit of 50% is required before work commences on any project.
  • The remaining balance is due upon completion of the project and prior to the website being made live.
  • Ongoing services (such as maintenance, hosting, or support retainers) are invoiced yearly, monthly or as otherwise agreed in writing.
  • All prices are in Australian Dollars (AUD) and inclusive of GST unless otherwise stated.

 Invoices are due within 30 days of the date of issue unless otherwise agreed. White Collar Websites reserves the right to suspend or withhold work in the event of overdue payment.

3. Client Resposibilities

To ensure projects are completed efficiently and on time, the client agrees to:

  • Provide all required content, images, copy, and materials in a timely manner.
  • Provide timely feedback and approvals at agreed project milestones.
  • Ensure that any content, images, or materials supplied do not infringe on the intellectual property rights of any third party.
  • Notify White Collar Websites promptly of any changes to project requirements.

 White Collar Websites is not responsible for project delays caused by the client’s failure to provide content, feedback, or approvals in a timely manner.

4. Intellectual Property

4a. Copyright Ownership

White Collar Websites retains full copyright over all design work, visual concepts, layouts, and creative elements produced as part of any project. Upon receipt of payment in full, the client is granted a non-exclusive licence to use the completed website and associated design assets for the purpose of operating their business.

This licence does not constitute a transfer of copyright. The following is expressly prohibited without prior written consent from White Collar Websites:

  • Reproducing, cloning, or redistributing any design created by White Collar Websites.
  • Any third party claiming authorship or credit for designs created by White Collar Websites.
  • Transferring design assets or source files to another agency, developer, or individual without prior written consent.
  • Modifying or adapting the design in a way that misrepresents the original work.

 White Collar Websites reserves the right to display completed work in its portfolio and marketing materials unless the client requests otherwise in writing.

The client retains full ownership of all content, copy, images, and materials they supply to White Collar Websites for use in their project.

4b. Hosting Transfers

The client is free to transfer their website to a new hosting provider at any time. A hosting transfer does not require consent from White Collar Websites and does not affect the client’s licence to use the website.

However, a hosting transfer does not constitute a transfer of design copyright. Any third party involved in a hosting migration may not reproduce, clone, or claim authorship of any design created by White Collar Websites. The design copyright remains with White Collar Websites regardless of where the website is hosted.

4c. Full Intellectual Property Transfer

Clients who wish to obtain full ownership of the design copyright may request an IP transfer in writing. An IP transfer fee will be quoted on a case-by-case basis, taking into account the scope and complexity of the original work.

Upon payment of the agreed IP transfer fee and all outstanding invoices, full copyright will be formally assigned to the client in writing. Until such time as a written IP transfer agreement is signed by both parties, copyright remains with White Collar Websites.

4d. Template-Based Websites

Where a client engages White Collar Websites for a template-based website build, the client is purchasing a licence to use and customise that template for their business. The following conditions apply:

  • The underlying template design remains the intellectual property of White Collar Websites and may be licenced to other clients.
  • The client acknowledges that their template-based website is not an exclusive design and that other businesses may use the same template.
  • Customisations made to the template specifically for the client (such as branding, content, and imagery) belong to the client, but the underlying template design remains the property of White Collar Websites.
  • The client may not resell, redistribute, clone, or transfer the template design to any third party.
  • No third party may claim authorship or credit for any template created by White Collar Websites.

Clients who require an exclusive design are encouraged to enquire about a fully custom website build, which is created from scratch and tailored specifically to their business.

5. Third Party Services

Some projects may incorporate third party platforms, plugins, themes, or services (such as WordPress, WooCommerce, Divi, or payment gateways). White Collar Websites is not responsible for the performance, availability, or changes to any third party services.

Any costs associated with third party licences, subscriptions, or services are the responsibility of the client unless otherwise agreed in writing.

6. Revisions

The number of revisions included in a project will be outlined in the project quote or agreement. Revisions beyond the agreed number may be charged at our standard hourly rate.

A revision is defined as a minor change to existing content or design. Significant changes to the scope, structure, or direction of a project will be treated as new work and quoted accordingly.

7. Hosting & Maintenance

Where White Collar Websites provides hosting or maintenance services, the following conditions apply:

  • Hosting and maintenance services are provided on a month-to-month or annual basis as agreed.
  • Either party may terminate hosting or maintenance services with 30 days written notice.
  • White Collar Websites will take reasonable steps to ensure website uptime and security but cannot guarantee uninterrupted service.
  • The client is responsible for providing timely approvals for any updates or changes that require their input.

8. Limitation of Liability

White Collar Websites will carry out all services with reasonable care and skill. However, to the extent permitted by law, White Collar Websites is not liable for:

  • Any loss of income, revenue, business, or data arising from the use of our services.
  • Any indirect or consequential loss.
  • Any issues arising from third party platforms, plugins, or services.
  • Any errors in content supplied by the client.

 Nothing in these terms limits any rights you may have under the Australian Consumer Law.

9. Cancellation

If a client wishes to cancel a project after work has commenced, the following conditions apply:

  • The initial deposit is non-refundable.
  • Any work completed up to the point of cancellation will be invoiced at our standard rate and is payable by the client.
  • White Collar Websites reserves the right to retain any work in progress until outstanding invoices are paid in full.

10. Confidentiality

White Collar Websites treats all client information as confidential and will not disclose it to any third party without the client’s consent, except where required by law.

11. Privacy

White Collar Websites handles all personal information in accordance with our Privacy Policy, which is available at whitecollarwebsites.com.au/privacy-policy.

12. Changes to These Terms

White Collar Websites reserves the right to update these Terms of Service at any time. Changes will be published on our website and will take effect immediately upon posting. Continued engagement of our services following any changes constitutes acceptance of the updated terms.

13. Contact

If you have any questions about these Terms of Service, please contact us at whitecollarwebsites.com.au/contact.