Terms of Service

These Terms of Service apply to all clients and projects unless otherwise agreed in writing. By proceeding with payment, accepting a proposal, or engaging our services, you confirm your acceptance of these terms when engaging Rod Fernandez Design.

1. Scope of Work

All services provided are limited to the scope outlined in your written proposal or email communication. Any work not explicitly stated as included - such as additional pages, CRM setup or access, logo design, re-designs, SEO campaigns, copywriting, custom integrations, or asset collation, will be quoted separately and require written approval before commencement.

We do not provide unlimited support or an open-ended Care Plan. Projects are delivered as defined.

2. Payment Terms

• Project build: the deposit invoice must be paid before work commences. This secures your place in the development queue.
• Larger projects may be offered in fortnightly milestone instalments. Delayed payments will result in project pause or cancellation.
• Your monthly maintenance plan commences on the date your website is launched (made publicly accessible), regardless of your usage or communication activity.
• Monthly plans are charged at a minimum of $249 + GST, billed monthly in advance.
• Recurring billing requires a valid credit card on file. Direct deposit is not available for subscription services.
• Payments not received within 7 days of the due date may result in hosting suspension or account deactivation until resolved.
• To resume hosting after any suspension, all overdue payments must be settled, and a reinstatement fee of $125 + GST will apply. Service will not resume until both conditions are met.

3. Communication Policy

Project communication, support requests, and billing queries should be submitted through the website contact form unless another channel has been arranged in writing.

Support, project requests, and billing queries will only be managed through documented written communication to ensure documentation and tracking, according to the support protocols in Section 5. We do not manage support through SMS, WhatsApp, social media messaging, or phone calls unless previously arranged.

4. Monthly Maintenance Plan

The monthly maintenance plan includes:

• Hosting on our managed platform
• SSL security certificate
• Security patches and platform updates
• Website health and speed monitoring
• Light content updates (text or images) to existing pages only
• Monthly performance report via written update

Excluded from the maintenance plan:

• New feature development
• New page creation
• Redesigns
• CRM access or integrations
• SEO or AEO campaign management
• Copywriting, photography, or paid media
  These services will be quoted and agreed separately.

5. Support Protocol

For outages, security breaches, or urgent technical issues:

• Submit an urgent written request through the website contact form.
• Response within 1 business day for urgent issues
• Standard support: response within 2 business days, delivery within 5 business days

Please reserve "URGENT" status for critical issues only, like sites going down or security issues.

6. Intellectual Property (IP)

All intellectual property created by Rod Fernandez Design - including website design, code, copy, schema data, images, logo concepts, page layouts, and structural architecture - remains the sole property of Rod Fernandez Design until full payment has been received.

Upon full and final payment:

• A non-exclusive license is granted for the client to use the completed work for its intended purpose.
• Intellectual property not explicitly paid for (such as unused logo concepts, bonus pages, SEO schema, or unpaid design components delivered out of scope) remains the property of Rod Fernandez Design and may not be used, exported, modified, or published without express written permission.

Any unauthorised use of unpaid design or technical assets may constitute a breach of IP rights under Australian law.

7. Asset Transfer

If you wish to move your website or hosting to another provider:

• Your website is hosted on a proprietary platform. It is not automatically exportable, manual asset collation (copy, images, design structure, schema data) is required.
• Asset transfer is charged at $130 + GST/hour, billed in 30-minute increments. A detailed quote can be provided upon request.

No assets will be transferred unless: Your account is in good standing with no outstanding invoices The transfer fee is paid in full. You provide the destination platform or developer details in writing.

8. Termination and Suspension

Rod Fernandez Design reserves the right to:

• Pause or suspend service delivery and hosting if payment terms are not met
• Terminate client relationships in cases of abuse, harassment, or repeated scope/communication violations
• Withhold intellectual property and platform access until all payments are settled

If you choose to terminate the relationship, all outstanding fees (including final maintenance or hosting charges, and any agreed export fees) must be paid before account closure.

9. Site Data Retention and Deletion

We aim to resolve any disputes professionally and in good faith. If you believe a term has been breached or there is a genuine disagreement:

• Please raise your concern in writing within 7 business days
• We will review and respond within 5 business days
• If the issue cannot be resolved amicably, both parties agree to pursue resolution through NSW small business mediation channels before legal action

10. Limitation of Liability

Rod Fernandez Design's total liability to the Client under this Agreement, whether in contract, tort (including negligence), or otherwise, is limited to the total fees paid by the Client for the services giving rise to the claim.

To the maximum extent permitted by law, Rod Fernandez Design is not liable for:

• Loss of revenue, profit, data, or business opportunity
• Indirect or consequential loss of any kind
• Business outcomes or results arising from the use of any website, design, or digital asset delivered under this Agreement
• Third-party platform failures, including hosting providers, domain registrars, or software integrations

The Client agrees to indemnify Rod Fernandez Design against any claims, losses, or costs arising from:

• Content, instructions, or materials supplied by the Client that infringe third-party rights or are inaccurate
• Unauthorised use or modification of delivered assets

Nothing in this Agreement limits any right or remedy the Client may have under the Australian Consumer Law that cannot lawfully be excluded.

11. Legal Jurisdiction

These terms are governed by the laws of New South Wales, Australia. By engaging our services, you consent to the exclusive jurisdiction of the courts in NSW for any disputes arising under these terms.

If you have further queries in relation to these terms, please contact Rod Fernandez Design via the website contact form.