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Terms

Terms & Conditions

These terms apply to services supplied by ardakara .NET (“we”, “us” or “our”) to you, the client (“you” or “your”).

They cover managed websites, custom software development, system integration, automation, consulting, application support and related technical services. A written proposal, statement of work, quote or invoice may include extra terms for a specific job. If there is a conflict, the more specific written agreement applies to that job.

By accepting a proposal, approving work, subscribing to a plan or paying an invoice, you confirm that you have read and agreed to these terms.

1. Services covered

We may provide one or more of the following services:

  • managed website design, hosting, maintenance and support;
  • optional website upgrades such as blog functionality, ecommerce, booking tools or content support;
  • custom software development for business workflows, internal tools and reporting;
  • system integration, API work, automation and data movement between platforms;
  • .NET application support, bug fixes, maintenance, modernisation and technical troubleshooting;
  • consulting, scoping, audits and technical advice.

The exact inclusions, exclusions, fees, timeframes and deliverables will be set out in the relevant proposal, plan, quote, support arrangement or written agreement.

2. Scope, estimates and acceptance

Work starts when you accept the scope in writing, approve the work to begin, subscribe to a plan or pay the requested invoice.

Unless a fixed scope and fixed price are expressly agreed, estimates are provided as guidance only. Software, integration and support work can reveal issues that are not visible before access is provided or technical investigation begins.

Any work outside the agreed scope may be quoted separately, billed at the applicable hourly rate or deferred to a later stage. This includes extra pages, new features, third-party platform changes, data clean-up, additional testing, urgent requests or changes to previously approved work.

3. Fees and payment

  • Fees are in Australian dollars and exclude GST unless stated otherwise.
  • Managed website subscriptions are billed in advance.
  • Project, support and consulting work is billed as stated in the relevant proposal, quote or invoice.
  • Work outside an included monthly allowance is billed at $125/hour (ex GST) unless another rate is agreed in writing.
  • You must pay invoices by the due date shown on the invoice.
  • If payment is overdue, we may pause new work, suspend support or suspend services until the account is brought up to date.
  • You remain responsible for fees already incurred, approved work, subscription amounts due during any minimum term and any third-party costs approved by you.

4. Managed website subscriptions

The standard managed website plan is $199/month per month unless another amount is agreed in writing.

Managed website subscriptions generally include website design and build, hosting, SSL, technical maintenance, basic monitoring and one hour per month for small client-requested content updates or support.

Unless agreed otherwise:

  • each managed website subscription has a 12-month minimum term;
  • after the minimum term, the subscription continues month-to-month until cancelled in writing;
  • early cancellation during the minimum term may require payment of the remaining monthly fees for that term;
  • included support time does not roll over between months;
  • extra support time is billed in addition to the monthly plan.

Managed website subscriptions are designed as an ongoing managed service, not a one-off website transfer or source-code purchase.

5. Optional website upgrades

Optional upgrades can be added to a managed website when they suit the business need. Current upgrade categories may include:

  • blog feature;
  • ecommerce store;
  • online booking scheduler;
  • monthly blog writing.

Upgrade prices shown on the website are indicative monthly amounts and may depend on scope, platform requirements, users, products, third-party fees or implementation complexity. Unless agreed otherwise, each activated add-on has a 12-month minimum term and is billed as a recurring monthly service.

6. Custom software, integration and support work

Custom software, integration and .NET support work depends on the condition of existing systems, third-party platforms, available documentation, data quality and access permissions.

You acknowledge that:

  • investigation may be required before the full scope is known;
  • older applications may contain hidden defects, technical debt or unsupported dependencies;
  • third-party APIs, plugins, hosting services and platforms can change without our control;
  • changes to live systems may require testing windows, backups, staged releases or rollback plans;
  • urgent support is subject to availability unless a separate support agreement is in place.

We will take reasonable care when working with your systems, but we cannot guarantee that every third-party service, legacy dependency or external platform will remain available, compatible or unchanged.

7. Client responsibilities

You agree to:

  • provide accurate information, access, credentials, content and approvals when reasonably requested;
  • make sure you have the right to use any text, images, logos, data, software, accounts or third-party materials you provide;
  • review work and give feedback within reasonable timeframes;
  • keep your own business records, source data and important documents backed up;
  • tell us about known risks, deadlines, compliance requirements or third-party restrictions before work begins;
  • use the services lawfully and not ask us to publish, process or host illegal, misleading, defamatory, infringing or harmful material.

Delays in providing access, content, feedback or approvals may affect delivery dates and support response times.

8. Intellectual property and licensing

You retain ownership of your own supplied materials, including your business content, logos, images, data and documents.

We retain ownership of our pre-existing intellectual property, know-how, reusable code, tools, templates, frameworks, processes, design systems, hosting setup and internal methods.

For custom software, integrations or project deliverables, ownership and licence rights will be set out in the relevant proposal or written agreement. If no specific ownership transfer is agreed, you receive a non-exclusive licence to use the delivered work for your own business purposes once all related invoices are paid.

For managed website subscriptions, the website design, code, theme, framework, hosting setup and system files remain the property of ardakara .NET unless a written buy-out or transfer agreement is made. You receive a licence to use and display the website while the subscription is active and paid.

You may request a copy of your supplied website text and images after all outstanding fees are settled. Website source code, design files, templates, system files and hosting configuration are not included unless agreed in writing.

9. Domains, hosting and third-party services

Domains, hosting, email, analytics, payment gateways, booking tools, ecommerce platforms, APIs and other third-party services may be used to deliver the work.

Where a third-party service is required:

  • the third party’s own terms, pricing, limits and availability may apply;
  • third-party fees may change over time;
  • we are not responsible for outages, policy changes, account restrictions or service changes outside our control;
  • you may need to maintain your own account, subscription or billing arrangement.

Domains registered or managed through us are held for technical administration during the service period. A domain may be transferred to you once all outstanding invoices, minimum-term obligations and agreed transfer costs are paid.

10. Confidentiality, data and security

Each party must keep the other party’s confidential business information reasonably confidential and use it only for the purpose of delivering or receiving the services.

We will take reasonable steps to protect systems and data we access or manage. However, no website, integration, hosting service, email service or internet-connected system can be guaranteed to be completely secure or uninterrupted.

You remain responsible for ensuring that your use of the services complies with any privacy, data protection, industry or record-keeping obligations that apply to your business.

11. Backups and recovery

Managed website services may include routine backups for disaster recovery. Backups are intended to help restore service after a technical issue; they are not a substitute for your own business records or archive obligations.

For custom software, database or support work, backup requirements should be discussed before changes are made to important systems. If you manage your own hosting, database or infrastructure, you are responsible for ensuring appropriate backups are in place unless backup management is expressly included in the agreed scope.

12. Testing, acceptance and changes

We will test work in a manner appropriate to the agreed scope. You are responsible for reviewing deliverables, checking business rules, testing real-world scenarios and telling us promptly if something does not match the agreed requirements.

If you approve work, put it into use or do not raise a material issue within a reasonable review period, the work may be treated as accepted.

Requested changes after acceptance, or changes caused by new requirements, third-party platform changes or newly discovered issues, may be quoted or billed separately.

13. Suspension and termination

We may suspend or terminate services if:

  • invoices remain overdue;
  • you materially breach these terms or an agreed scope;
  • required access, approvals or information are not provided for a prolonged period;
  • a third-party provider suspends or terminates a required service;
  • the website, system or requested work creates legal, security, operational or reputational risk.

Where practical, we will give notice before suspension or termination. Immediate suspension may be required for security, legal, abuse, malware, spam, payment or third-party platform reasons.

On termination, access to managed hosting, support and related services may end. Data may be deleted after termination unless retention is required by law or agreed in writing. Termination does not remove your obligation to pay outstanding fees or minimum-term amounts that are due.

14. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right, guarantee, remedy or liability that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Where the Australian Consumer Law applies, services must be provided with due care and skill, be fit for any disclosed purpose where applicable, and be supplied within a reasonable time where no time is agreed.

To the extent permitted by law, any liability that can be limited is limited to re-supplying the affected services or paying the cost of having the affected services supplied again.

15. Liability

To the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, including loss of profit, revenue, goodwill, opportunity, data, business interruption or downtime.

We are not responsible for losses caused by inaccurate information supplied by you, unauthorised access resulting from credentials or accounts outside our control, third-party provider failures, platform changes, internet outages, malware, unsupported software, or changes made by another provider unless caused by our own breach of these terms or negligence.

Nothing in this section limits rights that cannot be limited under Australian Consumer Law.

16. Changes to these terms

We may update these terms from time to time. The latest version will appear at ardakara.net/terms.

For work already accepted under a written proposal, the terms in place at the time of acceptance will continue to apply to that work unless both parties agree otherwise or the change is required by law.

17. Governing law

These terms are governed by the laws of Victoria, Australia. Both parties submit to the courts of Victoria and any courts entitled to hear appeals from those courts.

18. Contact

ardakara .NET (ABN 83 237 361 561)

For enquiries about these terms, start with the contact page.

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