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Terms & Conditions

Understanding

Our Services & Agreements

Terms and Conditions

Welcome to The Development Agency Pty Ltd. By accessing our website, engaging with our content, or hiring our services, you agree to comply with the following Terms and Conditions. If you do not agree with these terms, please refrain from using our site or services.

Definitions

  • "We," "us," or "our": Refers to The Development Agency Pty Ltd (ABN 675 843 302).
  • "You" or "Client": Refers to the user, client, or business entity accessing our services.
  • "Services": Encompasses all the products or services we provide, including web development, SEO, e-commerce solutions, automation, and staff augmentation.

Acceptance of Terms

By accessing and using our website or services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

  • Your continued use of our services constitutes acceptance of any updates to these terms
  • These terms apply to all users of our website and services globally
  • By engaging our services, you confirm that you have the authority to enter into this agreement on behalf of your organisation

Services

We offer a broad range of digital services including, but not limited to:

  • Web design and development (custom builds, Shopify, etc.)
  • Digital marketing strategy, SEO, and paid media management
  • Automation, AI integration, and workflow optimisation
  • Staff augmentation and dedicated remote teams
  • Business consulting and strategy workshops

Note: Specific deliverables, timelines, and pricing for projects are set forth in our separate Statement of Work (SOW) or Project Proposals.

Client Obligations

By engaging our services, you agree to:

  • Provide timely access to necessary information, assets, resources, and approvals required for the delivery of our services
  • Ensure your site content does not violate any laws or infringe on third-party rights
  • Comply with all applicable laws and regulations in your jurisdiction regarding your business operations
  • Use our services in a lawful and ethical manner

Payment Terms

  • Payment terms, deposits, and methods will be agreed upon before the commencement of any project via a formal Proposal or Invoice
  • Unless otherwise stated, invoices are due within 14 days of issue
  • Intellectual property rights for creative work are not transferred until full payment has been received
  • Late payments may incur additional interest charges as specified in our signed service agreements

Intellectual Property

  • Our IP: All background technology, frameworks, and pre-existing code used by us remain our property
  • Your IP: You retain ownership of your existing brand name, content, materials, and trademarks contributed to the project
  • Project IP: Upon full payment of all fees, the final deliverable (design, code, content) becomes your property, subject to any third-party software licences

Confidentiality

Both parties agree to maintain strict confidentiality regarding:

  • Any proprietary business information shared during the course of this project
  • Trade secrets, customer lists, and financial data
  • We will not disclose any information to third parties without your prior written consent, except where required by law

Limitation of Liability

  • To the maximum extent permitted by Australian law, The Development Agency Pty Ltd cannot be held liable for indirect, incidental, or consequential damages (including loss of revenue, data, or profits)
  • Our total liability for any claim arising out of our services shall not exceed the amount you paid for those specific services in the preceding 6 months

Warranties and Disclaimers

  • We do not warrant that our services will be error-free or uninterrupted, though we strive for the highest quality standards
  • All services are provided on a "best efforts" basis. We cannot guarantee specific results (e.g., #1 Google rankings) as third-party platforms are outside our control

Termination

  • Either party may terminate a service agreement with written notice if the other party breaches these Terms and Conditions
  • Upon termination, all outstanding invoices become immediately due, and each party must return any confidential information belonging to the other

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these terms will be subject to the exclusive jurisdiction of the courts of New South Wales.

Changes to Terms and Conditions

We reserve the right to modify these terms and conditions at any time. We deem it appropriate to improve our service offerings or comply with legal changes. The revised terms will be effective when posted on this page.

Contact Us

If you have any questions or concerns about these Terms and Conditions, please reach out to us at:

Email: info@thedevelopment.com.au

Address: 5/1 Margaret St, Sydney NSW 2000, Australia

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