Last updated: 8 July 2026
These Terms of Service (Terms) are a binding agreement between Ace Web Development (we, us, our) and you (Client, you, your). By using our website, requesting a quote, signing a proposal or instructing us to commence work, you agree to these Terms unless a separate written agreement signed by both parties expressly overrides them.
If you do not agree, do not use our website or engage our services.
1. About us
Ace Web Development provides web development, web design, platform builds (including WordPress, Shopify and custom CMS), integrations, conversion rate optimisation, search and marketing-related services, security hardening, managed web services and related consulting (Services).
Contact: [[email protected]](mailto:[email protected])
2. Website use
You may use this website for lawful purposes only. You must not:
- attempt to gain unauthorised access to our systems, APIs or hosting
- interfere with site operation, security or rate limits (including automated abuse of free tools)
- scrape, mirror or republish site content without written permission
- submit false, misleading or malicious information through forms
We may suspend access, block IPs or refuse service where we reasonably believe abuse or risk is occurring.
3. Quotes, proposals and acceptance
3.1. Information on this website, including pricing pages and tools, is general in nature and not an offer capable of acceptance until we issue a written quote or proposal addressed to you.
3.2. A binding engagement starts when you accept a quote or proposal in writing (email is sufficient) and any required deposit is paid, unless we agree otherwise in writing.
3.3. Scope, fees, timeline, deliverables and assumptions are defined in the quote, proposal, statement of work or service order (SOW). If there is a conflict between these Terms and a signed SOW, the signed SOW prevails for that engagement.
4. Client responsibilities
You agree to:
- provide accurate project information, brand assets, content, logins and approvals on time
- ensure you have rights to all content, trademarks, images, data and third-party materials you supply
- nominate a decision-maker with authority to approve scope, designs and releases
- maintain backups of your existing site and data before we make changes, unless we expressly agree to handle backups as part of scope
- comply with applicable laws in your industry (including privacy, spam, consumer and advertising rules for your own marketing)
Delays caused by late feedback, missing access or changed requirements may extend timelines and may incur additional fees.
5. Fees, payment and expenses
5.1. Fees are as stated in the SOW. Unless stated otherwise, quotes are valid for 30 days.
5.2. Deposits may be required before work starts. Deposits are non-refundable once work has commenced, except where required by law or expressly agreed in writing.
5.3. Invoices are due within 14 days of issue unless the SOW states otherwise.
5.4. Late payment: overdue amounts may accrue interest at the rate permitted under applicable law (including the rate applicable under the Interest on Unpaid Judgments legislation in your jurisdiction, if relevant) from the due date until paid. We may suspend work, withhold deliverables or withhold access credentials while amounts remain overdue.
5.5. Third-party costs (hosting, domains, SSL, stock assets, plugins, apps, ad spend, SaaS licences, font licences, API usage) are your responsibility unless the SOW includes them. We may purchase on your behalf and invoice at cost plus any agreed handling fee.
5.6. Taxes: quoted fees are exclusive of GST or other applicable taxes unless stated otherwise. You are responsible for taxes associated with your purchase except where we are required to collect and remit them.
6. Change requests and scope
Work outside the agreed SOW is a change request. We will provide an estimate for additional time and cost. We are not obliged to begin change-request work until you approve in writing.
We are not responsible for delays or extra cost arising from scope expansion, platform limitations discovered after access, undocumented customisations on inherited sites or third-party provider outages.
7. Timelines and delivery
7.1. Timelines are estimates based on information known at scoping. They depend on your cooperation, content readiness and third-party dependencies.
7.2. Approvals: if you do not respond to a staged deliverable within 10 business days, we may treat the deliverable as approved for the purpose of moving to the next phase, or pause work until you respond, at our discretion.
7.3. Go-live requires your written approval unless the SOW defines automated release criteria (for example agreed launch window on a managed host).
8. Intellectual property
8.1. Your materials: you retain ownership of content and materials you provide. You grant us a licence to use them as needed to perform the Services.
8.2. Deliverables: upon full payment of all fees due for the relevant SOW, you receive ownership or a perpetual, worldwide licence (as appropriate to the deliverable type) to the custom work product created specifically for you under that SOW, excluding our pre-existing IP and third-party components.
8.3. Our pre-existing IP: we retain all rights in our tools, methods, frameworks, boilerplate, internal libraries, know-how and generic reusable components. Where such components are embedded in deliverables, you receive a non-exclusive licence to use them as part of the delivered site or application.
8.4. Third-party components: themes, plugins, apps, fonts, stock assets and open-source software remain subject to their own licences. You are responsible for compliant ongoing use and licence fees after delivery.
8.5. Portfolio: unless you notify us otherwise in writing before delivery, we may display non-confidential screenshots, descriptions and outcomes in our portfolio, case studies and marketing.
9. Digital marketing, SEO and performance disclaimers
9.1. We do not guarantee specific search rankings, organic traffic levels, ad performance, lead volume, revenue, conversion rates or return on ad spend. Search engines, ad platforms and markets change without notice.
9.2. Recommendations and implementations are professional services based on current best practice and your brief. Results depend on competition, budget, site history, content quality, technical constraints and factors outside our control.
9.3. You are responsible for ad account spend, platform policy compliance and the accuracy of claims in your own advertising copy.
10. Hosting, platforms and third-party services
10.1. Unless included in scope, we do not provide hosting, domain registration or email hosting as an ongoing obligation after handover.
10.2. We are not liable for outages, data loss, policy enforcement or price changes by third-party providers (hosts, registrars, Shopify, WordPress plugins, CRMs, payment gateways, analytics vendors).
10.3. Where we configure third-party services on your behalf, you are the account owner unless otherwise agreed. You must maintain billing and lawful use of those accounts.
11. Warranties
11.1. We warrant that Services will be performed with reasonable skill and care by appropriately qualified personnel.
11.2. Except as stated in the SOW or at law, all other warranties are excluded, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11.3. Defects: you must report material defects in deliverables within 30 days of delivery. Our remedy is to re-perform or correct the defective portion at no additional fee. This is your sole remedy for defective custom work.
12. Limitation of liability
12.1. To the maximum extent permitted by law, our total aggregate liability arising from or connected with the Services or these Terms is limited to the total fees paid by you to us for the specific SOW giving rise to the claim in the 12 months before the event.
12.2. We are not liable for indirect, incidental, special or consequential loss, including lost profit, lost revenue, lost data (except to the extent caused by our failure to take reasonable backup steps expressly included in scope), business interruption or reputational harm.
12.3. Nothing in these Terms limits liability that cannot be limited under applicable law (including certain consumer guarantees where you qualify as a consumer under the Australian Consumer Law).
13. Indemnity
You indemnify us against claims, losses and reasonable costs arising from:
- content, data or materials you supply
- your breach of these Terms or a SOW
- your unlawful marketing, privacy or intellectual property practices
- use of deliverables after handover in a manner we did not authorise or that departs from agreed scope
14. Confidentiality
Each party will keep the other party's confidential information secret and use it only to perform the engagement, except where disclosure is required by law or to professional advisers bound by confidentiality.
15. Data and privacy
We handle personal information in accordance with our Privacy Policy. You are responsible for privacy compliance on websites and campaigns we build for you, including lawful bases for collection, notices, cookies and marketing consent.
16. Termination
16.1. Either party may terminate a SOW for material breach if the breach is not remedied within 14 days of written notice.
16.2. We may terminate or suspend immediately if you fail to pay, abuse staff, engage in unlawful conduct or create unacceptable security or reputational risk.
16.3. On termination, you pay for all work performed and committed costs to the termination date. We may withhold release of credentials, code or exports until outstanding fees are paid.
16.4. Clauses that by nature should survive (payment, IP, liability, indemnity, confidentiality, governing law) survive termination.
17. Managed services and support
Ongoing support, monitoring, updates and SLAs apply only if expressly included in a managed services SOW or support plan. Without that, work after launch is chargeable at our then-current rates.
18. Force majeure
We are not liable for delay or failure caused by events beyond reasonable control, including internet outages, hosting failures, platform API changes, cyber incidents affecting third parties, natural disasters, war, civil unrest, labour disputes or government action.
19. Disputes and governing law
19.1. The parties will attempt in good faith to resolve disputes through negotiation before commencing proceedings.
19.2. These Terms are governed by the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia, and if you are a consumer, the courts of your State or Territory with jurisdiction under applicable law.
20. Changes to these Terms
We may update these Terms by publishing a revised version on this website with a new "Last updated" date. Material changes apply to new engagements from the publish date. Continued use of the website after changes constitutes acceptance of the updated Terms for website use.
21. General
21.1. Entire agreement: these Terms plus the applicable SOW constitute the entire agreement for the subject matter, superseding prior discussions except fraud or misrepresentation.
21.2. Severability: if a provision is unenforceable, the remainder remains in effect.
21.3. No waiver: failure to enforce a right is not a waiver.
21.4. Assignment: you may not assign your rights without our written consent. We may assign to a related entity or successor in connection with a restructure or sale of business.
Questions about these Terms: [[email protected]](mailto:[email protected])