Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at https://websitedesignsunshinecoast.au (the "Website") and all services provided by WebsitedesignSunshinecoast.au ("we," "us," "our," or "Company"). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1. Acceptance of Terms

By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and any other policies or guidelines published on the Website. These Terms constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior negotiations, representations, and agreements, whether written or oral.

If you are accessing the Website on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms. In such cases, "you" refers to both the individual and the entity on whose behalf you are acting.

2. Description of Services

WebsitedesignSunshinecoast.au provides website design, development, and related digital services to clients throughout Australia and internationally. Our services may include but are not limited to:

Website design and development consultation
Custom website creation and coding
Website maintenance and support services
Digital marketing strategy and implementation
Content creation and management services
Search engine optimization (SEO) services
Hosting and domain management assistance
Technical support and troubleshooting

The specific services provided to each client are detailed in separate service agreements, proposals, or statements of work. The Website itself serves as an informational platform about our services and does not constitute an offer to contract. Any service engagement requires a separate written agreement executed by authorized representatives of both parties.

3. User Accounts and Responsibilities

3.1 Account Creation

To access certain features of the Website, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to maintain and promptly update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. The Company is not liable for any loss or damage arising from your failure to maintain account security.

3.3 User Responsibilities

You agree to use the Website only for lawful purposes and in a way that does not infringe upon the rights of others or restrict their use and enjoyment of the Website. Prohibited behavior includes:

Harassing or causing distress or inconvenience to any person
Transmitting obscene or offensive content
Disrupting the normal flow of dialogue within the Website
Attempting to gain unauthorized access to systems or networks

4. Intellectual Property Rights

4.1 Company Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, is the property of WebsitedesignSunshinecoast.au or its content suppliers and is protected by Australian and international copyright laws. The compilation of all content on the Website is the exclusive property of the Company and is protected by Australian and international copyright laws.

4.2 Limited License

The Company grants you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes only. You may not reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website without the prior written consent of the Company, except as follows:

You may print or download portions of the Website for your personal, non-commercial use only
You may share links to the Website on social media platforms in accordance with their terms of service

4.3 Client Work Product

For clients who have engaged the Company for website design or development services under a separate service agreement, intellectual property rights in the final deliverables are governed by the terms of that specific agreement. Unless otherwise agreed in writing, the Company retains ownership of pre-existing materials, templates, code libraries, and methodologies developed prior to or outside the scope of the specific project.

5. User-Generated Content

5.1 Submission of Content

If the Website provides functionality for you to submit, post, or display content, including but not limited to comments, reviews, testimonials, or feedback ("User-Generated Content"), you retain ownership of any intellectual property rights in such content. However, by submitting User-Generated Content to the Website, you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

5.2 Responsibility for User-Generated Content

You are solely responsible for the User-Generated Content you submit. You represent and warrant that:

You own or have the necessary rights to the User-Generated Content
The content does not infringe any third-party intellectual property rights
The content complies with all applicable laws and these Terms
The content is not defamatory, obscene, or otherwise unlawful

5.3 Moderation

The Company reserves the right to remove any User-Generated Content that violates these Terms or is otherwise objectionable, at our sole discretion and without notice. The Company does not endorse or assume responsibility for any User-Generated Content submitted by users.

6. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

Violating any applicable laws, regulations, or third-party rights
Transmitting viruses, malware, or any code of a destructive nature
Attempting to gain unauthorized access to the Website or its systems
Interfering with or disrupting the integrity or performance of the Website
Removing or obscuring any proprietary notices or labels on the Website
Using automated tools, bots, or scrapers to access or collect data from the Website without authorization
Engaging in any form of harassment, abuse, or threatening behavior toward other users or Company staff
Spamming, phishing, or attempting to deceive others
Reverse engineering, decompiling, or attempting to discover the source code or underlying technology of the Website
Using the Website for any commercial purpose not expressly authorized by the Company
Framing or mirroring the Website without authorization
Collecting or tracking personal information of others without consent

7. Disclaimers and Limitations of Liability

7.1 Disclaimer of Warranties

The Website and all content, services, and materials provided are offered on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the Website or its content, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. The Company does not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

7.2 Limitation of Liability

To the maximum extent permitted by Australian law, in no event shall the Company, its directors, employees, agents, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of or inability to use the Website, even if the Company has been advised of the possibility of such damages.

The Company's total liability to you for any claim arising out of or relating to these Terms or your use of the Website shall not exceed the amount you have paid to the Company in the twelve months preceding the claim, or if you have not made any payments, one hundred Australian dollars (AUD $100.00).

7.3 Third-Party Links and Content

The Website may contain links to third-party websites and resources. The Company is not responsible for the availability, accuracy, or content of such external sites. Your use of third-party websites is governed by their terms of service and privacy policies. The Company does not endorse and assumes no responsibility for any third-party content, products, or services.

8. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its directors, employees, agents, and suppliers from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

Your use of the Website or services
Your violation of these Terms
Your violation of any applicable law or regulation
Your infringement of any third-party intellectual property rights
User-Generated Content you submit to the Website
Any claim that your use of the Website causes harm to a third party

This indemnification obligation shall not apply to the extent that claims arise from the Company's gross negligence, willful misconduct, or breach of these Terms.

9. Termination

9.1 Termination by You

You may terminate your account and cease using the Website at any time by ceasing to access the Website. You do not need to provide notice to the Company to terminate your use.

9.2 Termination by the Company

The Company may terminate or suspend your account and your access to the Website at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to:

Violation of these Terms
Violation of any applicable law or regulation
Engagement in fraudulent or deceptive practices
Harassment of Company staff or other users
Non-payment of fees for services rendered
Inactivity for an extended period

9.3 Effect of Termination

Upon termination, your right to use the Website ceases immediately. The Company is not liable to you or any third party for any termination of your account or access to the Website. Sections of these Terms that by their nature should survive termination, including but not limited to Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, and Governing Law, shall survive termination.

10. Governing Law and Dispute Resolution

10.1 Governing Law

These Terms and your use of the Website are governed by and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law principles. You irrevocably submit to the exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.

10.2 Dispute Resolution

Before initiating legal proceedings, you agree to attempt to resolve any dispute with the Company through good faith negotiation. If negotiation fails, you agree to submit the dispute to mediation before pursuing litigation. The costs of mediation shall be shared equally by both parties unless otherwise agreed.

10.3 Limitation Period

Any claim or cause of action arising out of or relating to these Terms or your use of the Website must be brought within one year after the cause of action arises, or it shall be barred.

11. Changes to Terms

The Company reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. It is your responsibility to review these Terms periodically for updates. If you do not agree to any modification, you must stop using the Website immediately.

The Company will make reasonable efforts to notify you of material changes by posting a notice on the Website or sending an email to the address associated with your account, if applicable.

12. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect. This severability clause shall not apply if the severing of a provision would materially alter the intended legal effect of these Terms.

13. Entire Agreement

These Terms, together with any other policies, guidelines, or agreements published on the Website or provided to you by the Company, constitute the entire agreement between you and the Company regarding your use of the Website and supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, between you and the Company.

14. Contact Information

If you have questions about these Terms of Service, wish to report a violation, or need to contact the Company for any reason, please reach out using the following information:

WebsitedesignSunshinecoast.au
Sunshine Coast, Queensland, Australia

For general inquiries, please visit our Website contact form or send correspondence to our business address listed above.

Effective Date: April 17, 2026

These Terms of Service were last updated on April 17, 2026.