These terms set out how we work, what is included, how payments and refunds are handled, and what each of us is responsible for. They are written to be clear and fair to both sides. If anything here is unclear, please ask us before you accept.
01
About these terms
These terms apply to all services provided by Murphys Technology Pty Ltd (ABN 97 628 755 055), referred to in this document as "we", "us" or "our". "You" means the client or business engaging us.
These terms form part of every quote, proposal, contract and invoice we issue. By accepting a quote, accepting a contract, paying a deposit or instructing us to begin work, you confirm that you have read and agree to these terms. Where you have accepted a separate written quote or contract with us, that document sets out your scope and pricing, and these terms apply to it in full.
Any work outside the agreed scope will be quoted separately and agreed before it begins.
02
Quotes and pricing
All prices quoted are valid for 30 days from the date the quote is issued to you. Once you accept a quote, the pricing for that agreed scope is guaranteed for that project.
We may change our general prices or services at any time, but a change never affects pricing that has already been quoted and accepted for your project.
Unless stated otherwise, prices are in Australian dollars and are inclusive of GST where GST applies.
03
Deposit and payments
A deposit of 70% is payable before we begin any design or development work. Web hosting is payable in full, in advance. We do not commence work until your deposit is received and these terms are accepted.
The balance is invoiced as work progresses and on completion, and is payable within 7 days of the invoice date. Once your sample or initial design is approved, the design fee is payable in advance so that we can proceed with the remaining pages.
We may pause work while an account is overdue.
04
Third party and platform costs
Some costs are paid to third parties and are separate from our fees. These include domain names, premium plugins or apps, stock images, paid fonts, and advertising spend paid to platforms such as Google or Meta.
These costs are payable by you in addition to our fees, are charged at cost or as quoted, and are not refundable once incurred.
05
Late payment
Invoices are payable within 7 days of the invoice date. If an account falls overdue, we may pause or suspend work, your website, or your email until the account is brought up to date, and we may apply a late payment fee or interest on overdue amounts.
Suspension for non payment does not relieve you of amounts owing.
06
Information we need to start
We begin design only once we have received your completed question list together with all of your information and photos.
If we do not receive these within 2 months of receiving your deposit, your account may be suspended, and a $100 administration fee applies to reactivate it. If your completed information is still not received within a further reasonable period, your account may be closed, and fees paid may be forfeited to the extent of the work and time already committed.
07
Design phase and delivery
Our standard delivery time is 20 business days from the date we receive your complete information. Delivery may take longer depending on the size and requirements of your project, and we will keep you informed throughout.
Please give us your design and layout preferences up front, in the relevant sections of the question list, before we begin. If you do not, and you later ask us to change the design direction after we have prepared your draft, a redesign fee of $300 applies.
If a logo has been purchased, it must be signed off before website design begins.
08
Revisions and edits
Your web design price includes two rounds of revisions while the site is under construction. If you exceed this, a fee of $150 applies per additional revision round. Please submit all edits for a round in a single email where possible.
If you do not provide edits within 2 months of a draft being provided, we may close your account, and fees paid may be forfeited to the extent of the work and time already committed.
09
Changing your mind after giving guidance
If you have given us design guidance, we have applied it, and you then want a different look part way through, we can redesign your site. A $200 redesign fee applies for the additional time involved.
Edits relating to your own change of mind or indecision count towards your two included revision rounds.
10
Content
You know your business best. We provide draft content as a starting point for you to refine.
Please give clear, specific guidance on any content changes. We will not action vague requests, and we will not rewrite content in a further revision until we receive your clear guidance. Completing any information you left incomplete in the question list is your responsibility.
11
Approval and publication
Once you have approved a draft for publication, deposits and fees paid are not refundable, and remaining fees are payable as they fall due.
The usability, functionality or limitations of our content management system are not grounds for withholding the balance of your website.
12
Hosting and domains
Web hosting is paid in advance, and payments for past months of hosting are not refundable. Accounts are set up at the time of order with set server resources. If you do not use the account, payment is still due.
If you have prepaid 6 or 12 months and cancel before the plan expires, a refund may be given for the whole months not yet elapsed, less the value of any free products or services included.
Failure to keep hosting and domain payments up to date may result in your website and email being suspended.
13
Ongoing support and updates
Self management guidance and FAQ resources are provided free of charge. We are not responsible for editing or updating your website unless engaged to do so.
We offer an annual hosting and maintenance service for $200, covering ongoing updates and maintenance of your site.
Our email help desk operates 10am to 6pm AEST. Response times may vary between 24 and 72 hours.
14
Requesting changes and updates after your site is live
If you host your website with us, minor changes and image uploads are included at no extra charge, as maintaining your website forms part of our hosting service. If you host with us and request changes that go beyond minor updates, and additional work is involved, we reserve the right to bill you for that work, such as larger updates and upgrades.
If we built your website but you host it with another provider, we are not responsible for any damage to your website once it is no longer hosted with us, as we have no visibility over what may have caused an issue in that environment. Additional fees apply if you later find that your website has problems and ask us to fix them.
That said, it remains our responsibility to provide a complete handover free of issues and errors at the time of delivery, and we will always honour that.
15
Intellectual property and portfolio
On full payment of all amounts owing for your project, ownership of the final deliverables we create for you passes to you. Until then, all work remains our property.
We retain ownership of our general skills, know how, tools and any non client specific components, which we may reuse. You own your domain name and your website, and may take full backups through the content management system.
We may show the completed work in our portfolio and marketing materials unless you ask us in writing not to.
16
Confidentiality and client materials
We keep your business information confidential and use it only to deliver your project.
You confirm that you own, or have the right to use, all materials you provide to us, including logos, images, text and any third party content, and you agree to cover us for any claim arising from materials you supply that infringe the rights of someone else.
Either party may disclose information where required by law.
17
Refunds
We aim to deliver in line with the agreed proposal. If a concern arises, please contact us first (see clause 19). Where a refund is considered, it is assessed by service, as set out below.
Website, web and graphic design, logo and brochure design
A full refund if the project has not started. A partial refund in proportion to work completed if we fail to deliver after the initial design style is approved. No refund once the project is completed and uploaded to the server.
Web programming
A full refund if the project has not started. Where no separate agreement sets a refund position, a partial refund in proportion to work completed if we fail to deliver in line with our delivery policy.
SEO, internet marketing, social media and advertising management
Not refundable, with no pro rata refunds for fees paid in advance. Setup fees are not refundable, as they are applied to costs incurred at the start. Amounts paid to advertising platforms for ad spend are not refundable. If the service is cancelled or postponed, amounts paid are retained, and work completed beyond what was already paid for is payable.
Hosting
No refund once you have signed up with us and your site is uploaded to our server. Whole unused months on a prepaid 6 or 12 month plan may be refunded as set out in clause 12.
Our full Refund Policy sets out how each of these is assessed in practice.
18
Cancellations
All cancellations must be requested in writing with at least 15 days notice.
Prepaid hosting balances are not refundable, except for whole unused months on a prepaid 6 or 12 month plan as set out in clause 12.
On cancellation you remain responsible for work completed and costs committed up to the cancellation date.
19
Raising a concern
If at any point you are not satisfied, please raise it with us in writing at info@murphystechnology.com and allow us 14 days to work with you towards a resolution before taking any further step, including a chargeback, payment dispute, public review or other escalation.
Most issues are resolved quickly once we know about them, and we will always make a genuine effort to reach a fair outcome.
20
Chargebacks and payment disputes
If you have a billing concern, please contact us first.
If we receive a chargeback or payment dispute (for example a PayPal dispute) for a valid charge, your service or project may be suspended without notice. A $50 chargeback fee, together with any outstanding balances, must be paid in full before service is restored, files are delivered, or further work is done.
Raising a chargeback for a valid charge is not an appropriate way to resolve a billing matter. Please speak with us first.
21
Delivery policy and your responsibilities
Our delivery commitment depends on you. Agreed payments must be clear for a project to proceed.
Our delivery and refund commitments do not apply where required information is not provided at the proper time, or where a delay is caused by incomplete information or communication on your side. There is no compensation for delivery delay unless a separate agreement with a delay penalty clause has been signed.
You must keep your contact details current so that we can reach you for invoices and renewals.
22
Limitation of liability
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability cannot be excluded, it is limited, at our option, to resupplying the services or paying the cost of having the services resupplied.
Subject to the paragraph above, our total liability under these terms is limited to the value of the portion of the project that remains incomplete at the relevant time, and in any case does not exceed the fees paid for the work concerned.
We are not liable for indirect or consequential loss. Any liability to refund applies only where you have cancelled the project and communicated that cancellation to us in writing.
23
Termination for breach
If a client does not abide by these terms, we may suspend or terminate the service.
Accounts terminated for a breach of these terms are not refunded.
24
Force majeure
Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, including outages, supplier or platform failures, illness, natural events, or government action.
Affected obligations are paused for the duration of the event, and we will keep you informed.
25
Changes to these terms
We may update these terms from time to time. The terms that apply to your project are those in force when you accept your quote or contract.
The current version is always published at murphystechnology.com.au.
26
Entire agreement and severability
These terms, together with the scope and pricing set out in your accepted quote or contract, are the entire agreement between us and replace any earlier discussions on the same subject.
If any part of these terms is found to be unenforceable, the rest continues to apply in full.
27
Governing law
These terms are governed by the laws of New South Wales, Australia, and both parties submit to the courts of that state.
