Anonymity and Identification
You can browse our website anonymously. But to hire us, you must provide accurate business and contact details. We cannot build your assets, manage your accounts, or issue legal tax invoices without knowing exactly who you are.
Service Scope and Delivery
- Any task not explicitly listed as an inclusion in our Master Pricing Booklet or your project scope is excluded. It is available as a paid Add-On.
- We handle the tech. You handle the tools. You must supply the base text, images, and brand assets required for us to build your project.
- If your content is not received within 10 days of the project start date, we proceed with placeholders. The billing schedule continues regardless.
Payments and Deposits
- A 50 percent deposit is required before we commence work.
- The final 50 percent payment is triggered on Launch Day or 14 days after we deliver the First Draft, whichever comes first.
- The First Draft is defined as a working staging link containing the agreed structure and layout.
- All prices are exclusive of GST. A 10 percent GST charge is added to the final invoice.
Suspension for Non-Payment
If your invoice is overdue, we reserve the right to pause your project immediately. For Care Plan or hosting clients: if an invoice remains unpaid for 14 days, we reserve the right to suspend your hosting and restrict your website access until the account is settled in full.
Third-Party Subprocessors and Platforms
We build high-quality web design assets that you own completely. To do this, we use third-party platforms and tools including WordPress, Shopify, Wix, Google, Hostinger, Python, Cursor, and Freepik. We share your information with these providers only to the extent required to deliver your services.
Project Termination
We reserve the right to cancel your project and terminate our relationship immediately if you become abusive to our staff, use our services for illegal activities, or breach these terms. If we terminate the contract for your breach, we retain all paid deposits to cover our incurred labor costs.
Revisions and Approval
You receive the specific number of revision rounds listed in your package tier. One round means one consolidated list of changes submitted within 5 business days. Fragmented requests count as additional rounds and will be billed accordingly.
Project Abandonment
We require your feedback to keep projects moving. If you stop responding to our communications or pause the project for more than 30 days, we consider the project abandoned. We will close your active file and retain your deposit. If you return later and want to restart the project, you must pay a $199 reactivation fee.
Website Care Plans and SEO
- Care plans cover plugin updates, theme updates, and cloud backups. If you provide your own hosting, we are not responsible for speed, uptime, or server configuration issues. External hosting debugging is billed at $150 per hour.
- SEO and Google Business Profile services are execution tasks. We do not guarantee specific rankings, foot traffic, or sales volumes.
Intellectual Property
Once your final invoice is paid, you completely own the final web design assets we build for you. We retain the rights to our pre-existing code, templates, and internal development tools.
Client Content Indemnity
You must own the rights to the text, images, and logos you give us to build your website. If you supply stolen, unlicensed, or trademarked assets and a third party takes legal action against us, you agree to cover all our resulting legal costs and financial damages.
Strict Limitation of Liability
You acknowledge that digital marketing, hosting, and software development carry inherent risks. We limit our liability to the absolute minimum allowed by Australian law.
- Statutory Guarantees: Under the Competition and Consumer Act 2010, certain guarantees cannot be excluded. Where these apply, our total liability is strictly limited to either resupplying the services to you or paying the cost of having the services resupplied.
- Zero Liability for Indirect Losses: Beyond the statutory guarantees, our liability to you is strictly zero. We are not liable for lost profits, lost sales, data loss, or business interruption under any circumstances.
- Third-Party Failures: We do not control WordPress, Shopify, Wix, Hostinger, Stripe, Google, or our AI tool providers. If their systems fail, go offline, or suffer a data breach, we are not liable for any resulting damages to your business.
- Total Financial Cap: If a court overrules any of our liability limits, our total maximum payout to you for any claim is strictly capped. We will never pay more than the total amount of money you paid us in the three months immediately preceding the event that caused the claim.
Proportionate Liability
Sometimes things go wrong because of multiple parties. Under the Queensland Civil Liability Act 2003, our liability is strictly limited to our direct percentage of fault. If your actions, a malicious hacker, or a third-party platform contribute to a financial loss, we do not pay for their share of the blame.
Protecting Our Team
We invest heavily in finding and training our staff. You agree not to hire, solicit, or contract any First Rank employee or contractor while working with us. This restriction remains in place for 12 months after your final invoice date.
Things Outside Our Control
We are not responsible for delays or failures caused by major internet backbone outages, strikes, natural disasters, or other extreme events we cannot control.
Dispute Resolution
Court is expensive and slow. If a disagreement happens, we both agree to attempt formal mediation before filing any lawsuits. We will use a mediator appointed by the Queensland Law Society. We agree to split the mediator’s fees equally. You cannot start legal proceedings until this mediation process is complete.
Governing Law
These terms are governed by the laws of Queensland, Australia. If a dispute arises, it will be resolved in the courts of Queensland.
For further questions or queries please feel free to contact us via email on: support@firstrank.com.au
