Terms & Conditions
Your use of my website and/or services is subject to the relevant Terms & Conditions listed below. By using my website or engaging in my services you agree to be bound by the relevant Terms & Conditions for the service below.
- Web Design
- Domain Names
- Care Plans
- Search Engine Optimisation
Please take the time to read these terms and conditions. By using My Website and the Services and information offered on My Website, you are agreeing to these terms and conditions.
If you purchase products or services through My Website, there will be additional terms and conditions relating to the purchase. Please make sure you agree with these terms and conditions, which you will be directed to read prior to making your purchase.
Service(s) means any service offered by Justin Todd.
the Website / Site means the website www.justintodd.com.au
Me / My / I etc means Justin Todd and any subsidiaries, affiliates, employees, officers, agents or assigns.
Accuracy of content
I have taken proper care and precautions to ensure that the information I provide on this Website is accurate. However, I cannot guarantee, nor do I accept any legal liability arising from or connected to, the accuracy, reliability, currency or completeness of anything contained on this Website or on any linked site.
The information contained on this Website should not take the place of professional advice.
The Website is made available for your use on your acceptance and compliance with these terms and conditions. By using this Website, you are agreeing to these terms and conditions.
You agree that you will use this website in accordance with all applicable local, state, national and international laws, rules and regulations.
You agree that you will not use, nor will you allow or authorise any third party to use, the Website for any purpose that is unlawful, defamatory, harassing, abusive, fraudulent or obscene way or in any other inappropriate way or in a way which conflicts with the Website or the Services.
If you contribute to my forum (if any) or make any public comments on this Website which are, in my opinion, unlawful, defamatory, harassing, abusive, fraudulent or obscene or in any other way inappropriate or which conflict with the Website or the Services offered, then I may at my discretion, refuse to publish such comments and/or remove them from the Website.
I reserve the right to refuse or terminate service to anyone at any time without notice or reason.
Passwords and logins
You are responsible for maintaining the confidentiality of your passwords and login details and for all activities carried out under your password and login.
Purchase and Payments
This Site offers Services for sale. All payments made through the Site are handled by a 3rd party payment system. Any payment issues need to be resolved directly with the payment processor. If any matter requires further attention, I will be notified directly by the payment processor.
Indemnification for loss or damage
You agree to indemnify Me and hold Me harmless from and against any and all liabilities or expenses arising from or in any way related to your use of this Website or the Services or information offered on this Website, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and solicitors fees of every kind and nature incurred by you or any third parties through you.
Intellectual property and copyrights
I hold the copyright to the content of this Website, including all uploaded files, layout design, data, graphics, articles, file content, codes, news, tutorials, videos, reviews, forum posts and databases contained on the Website or in connection with the Services. You must not use or replicate our copyright material other than as permitted by law. Specifically, you must not use or replicate my copyright material for commercial purposes unless expressly agreed to by Me, in which case I may require you to sign a Licence Agreement.
If you wish to use content, images or other of our intellectual property, you should submit your request to us at the following email address:
The trademarks and logos contained on this Website are trademarks of Justin Todd. Use of these trademarks is strictly prohibited except with My express, written consent.
Links to external websites
This Website may contain links that direct you outside of this Website. These links are provided for your convenience and are not an express or implied indication that I endorse or approve of the linked Website, its contents or any associated website, product or service. I accept no liability for loss or damage arising out of or in connection to your use of these sites.
You may link to my articles or home page. However, you should not provide a link which suggests any association, approval or endorsement on my part in respect to your website, unless I have expressly agreed in writing. I may withdraw my consent to you linking to my site at any time by notice to you.
Limitation of Liability
I take no responsibility for the accuracy of any of the content or statements contained on this Website or in relation to our Services. Statements made are by way of general comment only and you should satisfy yourself as to their accuracy. Further, all of my Services are provided without a warranty with the exception of any warranties provided by law. I am not liable for any damages whatsoever, incurred as a result of or relating to the use of the Website or my Services.
These terms and conditions are governed by and construed in accordance with the laws of Queensland, Australia. Any disputes concerning this website are to be resolved by the courts having jurisdiction in Queensland.
I retain the right to bring proceedings against you for breach of these Terms and Conditions, in your country of residence or any other appropriate country or jurisdiction.
These are the standard terms and conditions for Website Design and Development and apply to all web design/development work undertaken by me for my clients (client/you/your business).
It is not necessary for you to have signed an acceptance of these terms and conditions for them to apply. If you accept a quote and/or make payment then it will be deemed that you have accepted these terms and conditions as applying and have accepted them in full. All clients will be made aware of these terms and conditions in correspondence prior to accepting a job or quote. Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted my terms and conditions. These Terms and Conditions supersede all previous representations, understandings or agreements.
Charges for services to be provided by me are specified in the project quotation that you receive via email. Quotations are valid for a period of 14 days unless otherwise specified. I reserve the right to alter or decline to provide a quotation after expiry of the 14 days.
For jobs under $1,000 full payment is required prior to commencing work. For jobs over $1,000, a 50% deposit of the total fee is due prior to me commencing with the website design and development work. The remaining 50% will be payable when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. I reserve the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if I have not fulfilled my obligations under this agreement. The deposit is not refundable if you terminate the project or contract through no fault of my own. Websites will not be published until full payment has been made. Upon completion of the 7-day review period, I will invoice you for the 50% balance of the project. If payment is not made within 14 days of completion of the website, and there is no valid reason as set out in the “Client Review” / “Approval of Work” / “Rejected Work” sections, I may remove your website from the server and cancel your work. Removal and cancellation of work does not relieve you of the obligation to pay your account.
Payment for web design services is by electronic bank transfer only. Payment details will be made available on invoices.
Turnaround Time & Single Point of Contact
I will install and publicly post or supply your website by the date specified in the project proposal, or at date agreed with you upon me receiving initial payment, unless a delay is specifically requested by the you and agreed by me.
In return, you agree to delegate a single individual as a primary contact to aid me with progressing work in a satisfactory and expedient manner.
Supply of Materials
You must supply all content and materials required by me to complete your website in accordance with the agreed specifications. This may include, but is not limited to, photographs, written copy, logos, graphics, and any other material necessary for the website. All materials are to be supplied digitally by email, WeTransfer, Dropbox, or similar service.
To remain efficient I must ensure that work I have programmed is carried out at the scheduled time. On occasions I may have to reject offers for other work to ensure that your work is completed at the time arranged.
Where there is any delay in supplying your materials I have the right to extend any previously agreed upon deadlines by a reasonable amount of time. Where the failure to supply materials interrupts the progress of work, you acknowledge that I may accept other work which could further delay completion of your website. Any delay as a result of me accepting other work where you have failed to supply materials is deemed an acceptable delay and is not cause for terminating the contract.
I will always endeavour to accommodate any changes or variations to your original design, however I reserve the right to limit the number of design changes to a reasonable amount. My development phase is flexible, however any major deviation from the specification will be charged at the rate of $60.00 per hour.
I will provide you with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
Approval of Work
On completion of the work you will be notified and have the opportunity to review it. You must notify me in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to me as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance (if applicable) of the project price will become due.
If you reject any of my work within the 7-day review period, or not approve subsequent work performed by me to remedy any points recorded as being unsatisfactory, and I, acting reasonably, consider that you have been unreasonable in any rejection of the work, I can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Copyright & Licensing
You retain the copyright to data, files, and graphic logos provided to me and you grant me the right to publish and use such material. You must obtain permission and rights to use any information or files that are copyrighted by a third party. You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to me to include in your website or web applications. You are further responsible for granting me permission and rights for use of the same material and you agree to indemnify and hold harmless me from any and all claims resulting from your negligence or inability to obtain proper copyright permissions.
Acceptance of these terms shall be regarded as a guarantee by you to me that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
You must indemnify me and hold me harmless from any claims or legal actions related to the content of your website.
Any design, production, copywriting, drawing, idea, or custom code created for you by me is licensed for use by you on a one-time basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of myself.
I hold licences for plugins, artwork produced, or template designs. You may request in writing from me the necessary permission to use materials (for which I hold the licenses) in forms other than for which it was originally supplied and I may, at my discretion, grant this request. I reserved the right to charge you a fee at my discretion.
My software codes (not including open source software) are copyrights of Justin Todd. The codes can be handed over at an additional cost for use once all previous invoices are settled on the condition that the codes are used only for user modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance will the codes be allowed to be used for re-selling or duplication purposes.
Once you have paid me in full for my work I grant to you a license to use the website and its related software and contents for the life of the website.
I do not guarantee any specific position in search engine results for your website. I perform basic search engine optimisation according to current best practice.
Limitation of Liability
I shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
In addition, I am hereby excluded from any and all liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
- Loss or damage to your artwork/photos supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of me to the you in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
My services may be used for lawful purposes only. You agree to indemnify and hold me harmless from any claims resulting from your use of our service that damages you or any other party.
You agree to reimburse me for any additional expenses necessary for the completion of the work which do not form part of our proposal, including but not limited to the purchase of special fonts, themes, plugins, stock photography, domain name registrations, etc.
I may purchase domain names on behalf of you. Payment and renewal of those domain names is your responsibility. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not my responsibility. You should keep a record of the due dates for payment to ensure that payment is received in good time.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify me from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us, or if you have purchased a care plan.
I will endeavour to ensure your website is compatible with all current modern web browsers, such as the most recent versions of Firefox, Chrome, and Safari. However, you agree that I cannot guarantee correct functionality with all browser software across different operating systems or devices. I cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to you. As such, I reserve the right to quote for any work involved in changing the website design or website code for it to work with updated browser software after handover.
If you wish for your website to be installed on a third party server, you must grant me temporary read/write access to the server, including the storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be accessed and configured on the server.
Most of my work comes from referrals. People see a site they like and then want their own. As such, a link to my website will appear at the bottom/in the footer of your website. This link will be designed to fit in with the overall site design. If you wish for the credit to be removed from your website a fee of $100 will apply.
You also agree that your website may be presented in my portfolio.
Your website is considered ‘handed over’ once final approval has been given, passwords are provided to you, and your website is live.
After your website has been handed over, I cannot accept responsibility for any alterations caused by you or a third party occurring to your website or pages. Such alterations include, but are not limited to additions, modifications, or deletions.
If you purchase a ‘Care Plan’, the terms and conditions for that will apply after handover.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services I provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of me under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
I will supply to you account credentials for domain name registration and/or web hosting that I purchased on your behalf when you reimburse me for any expenses that I have incurred.
This Agreement shall be governed by Australian/Victorian Law.
Termination of work by you must be requested in a written notice and will be effective from the date of receipt. For websites under $1000 where the cancellation is for a reason other than one provided in this contract there will be no refunds. For websites over $1000, your 50% deposit is non-refundable and any work over the value of $1000 will be invoiced to the date of the first notice of cancellation for payment in full within 14 days.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
This web hosting agreement establishes the terms and conditions between Justin Todd (me/my/myself/I) and you/your business for the provision of web site hosting.
Duration of Agreement
This agreement commences on the date you sign up for the service by either emailing your approval to host your website with me and/or accepting and returning a quote provided by me.
This agreement continues until either party terminates by providing 30 days notice in writing to the other party. On termination or expiry of this agreement for any reason:
- my obligation to provide the Service to you ceases;
- you must not attempt to use or access the Service after the date of termination;
- each party’s rights and obligations accrued prior to termination are not affected;
- I may delete all of your data from any storage media.
If my service provider terminates the service for any reason, then this agreement will terminate automatically. In that case, unless the service provider terminated this agreement due to failure by you or a user to comply with these terms and conditions, you will be entitled to a pro-rata refund of any pre-paid hosting fees.
Your service is payable monthly on the billing date as specified in correspondence with you. Payment can be made by bank transfer, manual credit card payment, or automatic credit card payment.
If you pay by bank transfer or manual credit card payment
You will be sent an invoice 15 days prior to the due date. Payment must be received into my account before or on the due date specified on the invoice.
If you pay by automatic credit card payment
You will be sent an email reminder 3 days prior to your card being charged. Your card will be automatically charged on the billing date and you will be sent a sales receipt.
Failure to Pay
If payment is not made or received by the due date, or if your automatic credit card payment declines or fails, your account will be considered overdue.
Accounts more than 14 days overdue will have their hosting service suspended until payment is made. A restoration fee of $75 will apply to resume hosting services, in addition to the outstanding amounts. Your service will not be restored until both are paid.
Accounts more than 30 days overdue will have their hosting service cancelled and all data deleted.
I will not be held responsible or liable for any loss, claims or damages resulting from (either directly or indirectly) your account being suspended or cancelled as a result of your failure to pay.
You will use the services in accordance with all applicable local, state, and federal regulations and laws. You will agree on behalf of your business and its employees (if applicable).
Except as otherwise stated, you and your users/employees will maintain all passwords and login information as strictly confidential and the secure storage of those passwords and login information. For security purposes, I recommend that you regularly change all account passwords. At no time should you respond to an online request for any password.
Alteration / Revision of Agreement
These terms and conditions are subject to change at my sole discretion. I will give you notice of the change and the effective date and you will then be obliged to comply with the new terms and conditions as amended or cease using the service. If any change is unacceptable to you then you will be able to terminate this hosting agreement and cancel hosting services by providing written notice as per the Duration of Agreement clause.
Your continued use of the service after the effective date of the agreement revision shall be deemed as acceptance of the agreement revision.
Disclaimer of Warranty & Limitation of Liability
This service is provided on an “as is, as available” basis. I give no warranty, expressed or implied, for the services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. Any damages incurred by you due to disruption of service by me or my providers shall be expressly limited to the fees paid by you to me for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by you.
IN NO EVENT SHALL I BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF I HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will my liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
You and your users recognise that I do not offer any rating systems, filtering software or procedures to help you screen out language or images in email that you or your Users do not wish to receive through the Services. I exercise no controls whatsoever over the content of information passing through mine or my suppliers network or equipment. Disputes may arise between you or your Users and other individuals or entities or between you and me related to such content. Such disputes could involve, among other things, the use or misuse of domain names, the infringement of copyrights, trademarks or other rights in intellectual property, defamation, fraud, and the use or misuse of information. You and your Users agree that all claims, disputes or wrongdoing that result from, or which are related in any way to, the content of information passing through mine or my suppliers network or equipment are your sole and exclusive responsibility. Use of the Internet and of the information available through it is at your own risk.
You acknowledge that, due to the inherent risks of the internet, and of computer-based networks and systems:
- the services provided under this agreement will not be uninterrupted or error free;
- the services may not meet your requirements; and
- your data may not be secure or protected from loss or corruption, and data loss or corruption may occur due to delays, service interruptions or other reasons.
You agree that you shall defend, indemnify, save and hold me harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against me, my agents, my customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold me harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with mine or my suppliers server; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
99.9% Uptime Guarantee
If your hosting service is down for more than 45 minutes in a billing month you can claim 25% off your next months web hosting fees. Claims must be made by email in the same billing month the downtime occurred. If you do not make a claim within the same billing month you will not be entitled to 25% off your next month.
The uptime guarantee applies to hosting only (i.e. website downtime due to CRM maintenance, upgrades, or issues that are unrelated to the hosting provider are not covered by the uptime guarantee).
The following content and activities may not be displayed or promoted by you nor associated in any way with your account or my services. I shall be the sole arbiter as to what constitutes violation of this provision.
- Copyrighted material used without permission.
- Material protected by trade secret or other statute.
- Material or activities judged by me to be threatening, obscene, disparaging, or hate-related.
- Content or conduct that makes possible or promotes any illegal or prohibited activity.
- Content that may be damaging to mine or my suppliers servers or to any other server on the Internet.
- Pornographic or adult material of any kind.
- Pirated software.
- Unsolicited or bulk e-mail (Spam) or e-mail harvesting software or services.
- Links or reference to any of the above.
It is your responsibility to maintain local copies of your web content and information. My service provider performs hourly Acronis backups of all server data for websites up to 10GB, however I strongly recommend that all users keep their own recent copy of their site for any unforeseen events. Backups are made for server restoration purposes only. In the event of equipment failure or data corruption, you should be prepared to re-upload your data to your account.
At the time that you sign up for the service, you must select a website hosting plan from those offered on my website. Each website hosting plan comes at a different cost, and offers a different level of service. These plans may change from time to time and any changes will be communicated ahead of time and changes will come into effect at the start of your next billing period. Should you not agree to the plan change you can choose to cancel.
You can view a list of plans here.
Please note that hosting plans are standalone and do not come with support for maintaining or updating your website.
You must not resell the the service. If you are found to be doing so your service will be immediately suspended without notice and you will not be entitled to a refund.
Access to Account
If you do not take up a Care Plan, you will be provided with login details for cPanel to manage your hosting. If you take up a Care Plan this will be managed for you.
Support is limited to the provision of normal web hosting, server maintenance services, and technical issues relating to website hosting only.
Any support for other matters, including (but not limited to) FTP access, cPanel management, how to use cPanel, or troubleshooting issues that are not related to an issue with the service require a Care Plan or will incur charges at my then current rate. I will inform you if any charges will be applicable.
Suspension of Account
I may monitor your account and the conduct of your account (but I have no responsibility to do so) to determine whether you and all Users are complying with this agreement.
I reserve the right to suspend your account, or terminate your account with immediate effect without notice, if:
- I believe that your use of the service may be in breach of any law;
- I believe that you or a user has committed a breach of this agreement;
- I believe that your use of the service may compromise or have an adverse effect on my systems or networks, or the service provider’s systems or networks; or
- the service provider suspends or terminates your account.
If I believe that your use of the service may be in breach of any law, then I may notify the relevant authorities, and provide them with relevant information as appears appropriate in the circumstances.
You agree that you will have no claim against the service provider or me in respect of any action reasonably taken by me or the service provider under this clause, and you indemnify the Service Provider and myself against any claim by a User arising out of the same.
If part or all of any of the provisions of this agreement is illegal or unenforceable, it will be severed from this agreement, and will not affect the continued operation of the remaining provisions.
Service Provider Terms and Conditions & Acceptable Use Policy
You also agree to my service providers terms and conditions and acceptable use policy as set out here.
You must not use your domain name:
- for any unlawful, invasive, infringing, defamatory or fraudulent purpose;
- in a manner inconsistent with any applicable laws, or to engage in, promote or encourage illegal activity;
- in violation of the legal rights of others, or to encourage such violation;
- in contravention of moral, cultural, social values as determined by me in my absolute discretion from time to time;
- in contravention of any guidelines, requirements or policies that may be issued by me from time to time;
- to purposefully distribute any virus, worm, corrupted file, harmful computer code, or other items of a destructive or deceptive nature;
- to modify, affect, disable or circumvent any aspect of the service or services I provide or the use of the services;
- to generate, distribute, or facilitate unsolicited mass email, promotions, advertisings or other solicitations;
- to disrupt the service or any third party service that may use my services;
- to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; or
- to facilitate any of the above.
For any disputes, please email firstname.lastname@example.org and I will handle your concerns on a case-by-case basis.
Payment for new domains must be made prior to registration. Once payment is made the domain will be registered. As domains cannot be held, if your desired domain name is taken by another party before I receive payment you may choose to register a different domain name or opt for a refund.
Unless otherwise specified all domain name registrations and prices are for one (1) year.
All purchases are non-refundable once the domain name is registered. If the domain name is unable to be registered for any reason you will be notified and provided the option to register a different domain name or receive a refund. Domain name registrations cannot be cancelled once registered.
Three (3) months prior to your domain name expiring I will contact you with renewal options. You will be sent a further reminder at two (2) and one (1) month out from expiry. If you wish to renew, payment must be made in advance of the renewal and at least 5 business days before the expiry of your domain name. If payment is not made in time you risk losing your domain name registration. If you do not wish to renew, your domain name registration will be allowed to lapse, after which time anyone can register your domain name. In addition, your website and any other related services (e.g. email) will become inaccessible.
If you wish to transfer your domain name to another registrar you must contact me prior to commencing the transfer to request the auth key. There are no refunds for domain names that are transferred out as the expiry date of the registration is kept by the new registrar at no charge to them.
Your domain name may be suspended and/or canceled at my sole discretion without notice and without compensation or refund if you are found to be in violation of the Terms & Conditions set out here or below. All suspensions/cancellations are final.
Please see the below documents which form part of these Terms & Conditions.
Please contact me for Care Plan terms and conditions.
Please contact me for Search Engine Optimisation terms and conditions.
Me / My / I etc means Justin Todd and any subsidiaries, affiliates, employees, officers, agents or assigns.
Limitation of Liability
Please contact me for SSL terms and conditions.