About these terms

  • xDev Pty Ltd, ABN 18 981 750 956, provides website building and related services for local service businesses.
  • These terms apply to xdev.com.au, xdev.codes, and all services xDev provides.
  • Your agreement: By using xDev services, you agree to these terms.
  • Specific terms override: Your signed quote, invoice, or booking confirmation defines specific services, pricing, and timeline. If there is a conflict, your quote controls.
  • Consumer law applies: Australian Consumer Law and applicable US state laws apply. We cannot remove your legal consumer rights.

Services and scope

  • What we offer: Website design, development, deployment, and related services for local service businesses.
  • Scope definition: The specific services, deliverables, timeline, and price are defined in your signed quote or booking confirmation.
  • Changes to scope: Requests outside the agreed scope may incur additional fees and timeline adjustments.
  • Approval process: We will present drafts and previews for your approval before publishing.
  • Your responsibility: You must verify all content, business information, and claims are accurate before approval.

Pricing and payment

  • Pricing source: All pricing is stated in your quote, invoice, or checkout page.
  • Payment schedule: Your quote specifies payment timing (deposit, milestones, final payment).
  • Payment method: We accept Stripe and other methods stated in your quote.
  • Taxes and fees: You are responsible for any applicable taxes, bank fees, or currency conversion fees unless stated otherwise.
  • Payment processor terms: Stripe's terms apply to payment processing at stripe.com/au/legal.
  • Late payment: If payment is 30 days overdue, we may suspend services or cancel the project.

Your responsibilities

  • Accurate information: Provide correct business name, address, hours, services, pricing, and other business details.
  • Content ownership: You own or have permission to use all business names, logos, photos, reviews, and other content you provide.
  • Content accuracy: Before we publish, you must review and verify all business facts, hours, services, pricing, reviews, health claims, and legal claims are correct and current.
  • Legal compliance: You are responsible for ensuring your website complies with all applicable laws (health/medical claims, pricing disclosures, advertising standards, consumer protection laws, etc.).
  • Copyright and rights: All content you provide must not infringe anyone else's copyrights, trademarks, or other rights.
  • Updates: After launch, you are responsible for keeping business facts, hours, pricing, and contact information current on your website.
  • Feedback and approvals: Respond to our approval requests within the agreed timeline to avoid delays.

What xDev delivers

  • Professional work: We deliver services to a professional standard according to the agreed scope in your quote.
  • Functional website: Your website will function properly on desktop, tablet, and mobile devices.
  • Technical support: We provide support during the delivery period to answer questions and resolve technical issues.
  • Deployment: We deploy your website to your domain using secure, industry-standard hosting.
  • Documentation: We provide basic documentation on how to maintain your website (if applicable).

What we do NOT guarantee

  • Search rankings: We do not guarantee Google search rankings, SEO results, or traffic.
  • Sales or revenue: We do not guarantee bookings, sales, customer inquiries, or revenue from your website.
  • Uptime: We do not guarantee 100% website uptime (hosting providers may experience outages).
  • Traffic generation: We do not guarantee website visitors or traffic.
  • Business outcomes: We deliver a professional website; business success depends on many factors outside our control.
  • Third-party services: We do not guarantee performance of third-party services (Google Maps, payment processors, booking platforms, etc.).

Website ownership and rights

  • You own the website: After full payment, you own the website, all custom content, layout, and design work.
  • You own your domain: You own and manage your domain name (including renewal).
  • You own your hosting: The hosting account is yours; we may set it up, but you own and control it.
  • xDev retains: We retain ownership of our templates, design system, code libraries, pre-built components, and reusable tools.
  • Third-party tools: Fonts, maps, plugins, payment buttons, and other third-party integrations remain under their original license terms.
  • You can modify: You can edit your website yourself or hire another developer to modify it.
  • You can relocate: You can move your website to another hosting provider at any time.
  • Portfolio use: Unless you object, we may display your completed website in our portfolio, case studies, and promotional materials (we can anonymize the business name if requested).

Domain and hosting

  • Domain ownership: You own your domain name outright.
  • Domain renewal: You are responsible for renewing your domain before it expires.
  • Hosting ownership: The hosting account belongs to you, not xDev.
  • Hosting control: You have full access to your hosting account and can make changes anytime.
  • Provider responsibility: We are not responsible for hosting provider outages, policy changes, account suspensions, or service disruptions outside our control.
  • Our responsibility: If we make a configuration error, we will fix it promptly at no additional cost.
  • Moving providers: You can move your website and domain to another hosting provider at any time; we will provide technical assistance if needed.

Timeline and delays

  • Delivery date: The agreed delivery date is stated in your quote.
  • On-time delivery: We will meet the deadline if you provide feedback, approvals, and payment on schedule.
  • Your delays: If we are waiting for your feedback, approval, or payment, the timeline extends by that duration.
  • Our delays: If we are delayed on our end, we will communicate the reason and revised timeline promptly.
  • Extended delays: If the project is delayed more than 30 days beyond the original date, you may cancel and discuss refund options with your sales representative.
  • Unforeseen circumstances: We are not liable for delays caused by circumstances beyond our control (natural disasters, internet outages, third-party service failures).

Changes to scope and additional work

  • Scope is fixed: The agreed scope is defined in your quote.
  • Out-of-scope requests: Requests outside the agreed scope require a separate estimate and may incur additional fees.
  • Change requests: Contact your sales representative or email hello@xdev.com.au to request changes.
  • Estimate process: We will provide a written estimate for cost and timeline before proceeding with out-of-scope work.
  • Approval required: Changes are not started until you approve the cost and timeline.

Liability and warranties

  • Professional standard: We provide services to a professional standard consistent with industry practices.
  • No guarantee of results: We do not warrant results, outcomes, or specific performance metrics.
  • Limited liability: Our maximum total liability is limited to the amount you paid xDev for services, except where Australian Consumer Law or your state law does not permit liability caps.
  • Not liable for: We are not liable for lost revenue, lost sales, lost customers, lost profits, lost data, business interruption, or indirect or consequential damages.
  • No indirect damages: Even if we caused the problem, we are not liable for indirect damages or lost opportunity costs.
  • Third-party liability: We are not responsible for the performance, outages, or policy changes of third-party services (hosting, payment processors, Google Maps, etc.).
  • Demos and previews: Demos and preview websites are provided as examples and may not reflect the final product. Viewing a demo does not constitute approval or agreement.

Refunds and cancellations

  • Refund policy: Your specific refund terms are in your quote or booking confirmation.
  • Consumer law applies: Your legal rights under Australian Consumer Law and applicable US state laws always apply, regardless of our stated refund policy.
  • Cancellation before start: If you cancel before the project starts, refund terms are in your quote.
  • Cancellation during work: If you cancel after work has begun, you pay for work completed to date plus any commitments (such as hosting or domain setup).
  • Discuss options: Contact your sales representative to discuss cancellation and refund options.
  • Non-refundable expenses: Third-party costs (domain registration, hosting, licensing) may not be refundable.

Preview and demo websites

  • Purpose: Preview websites show you what your final website could look like.
  • Public information: Previews display your public business data (name, address, phone, hours, photos, reviews) sourced from public platforms.
  • Not an approval: Viewing a preview website does not mean you approved it or purchased it. It is an example for your consideration.
  • Request changes: If you want a preview changed or removed, email hello@xdev.com.au with the URL and details.
  • Portfolio use: Unless you object, preview websites may be displayed in our portfolio and promotional materials to show our work.

Acceptable use and site rules

  • No attacks: Do not attack, hack, or attempt unauthorized access to xDev websites or services.
  • No excessive scraping: Do not scrape our websites or extract content excessively; normal website browsing is fine.
  • No misrepresentation: Do not use our work, demos, or branding to falsely claim a relationship with xDev.
  • Lawful content: Your website content must be lawful, accurate, and not infringe anyone else's rights.
  • No spam: Do not use your website for spam, phishing, or illegal activity.
  • Compliance: Your website must comply with all applicable laws.
  • Violations: We may suspend or terminate services if you violate these rules.

Data and privacy

  • Your data: You retain ownership of all data on your website.
  • Backups: We maintain server backups for 30 days to protect against data loss.
  • Privacy policy: Our privacy practices are detailed in our Privacy Policy at xdev.com.au/privacy.
  • Customer data: Your customer information (contacts, inquiries) belongs to you; we do not access or sell it.
  • Security: We use HTTPS encryption and industry-standard security practices.

Disputes and complaints

  • Contact first: If there is a problem, email hello@xdev.com.au or contact your sales representative.
  • Response time: We will respond to complaints within 7 business days.
  • Resolution effort: We will work with you to resolve issues quickly and fairly.
  • Escalation: If we cannot resolve the dispute, you have rights under consumer protection laws.
  • Australian customers: You can lodge a formal complaint with your state's consumer protection agency or fair trading office.
  • US customers: You can pursue remedies under your state's consumer protection laws.

Termination

  • By you: You can cancel at any time; refund terms are in your quote.
  • By xDev: We may terminate if you breach these terms, violate acceptable use rules, or fail to pay.
  • Notice: We will provide notice before terminating services.
  • After termination: You retain ownership of your website and data; you must arrange new hosting and domain management.

Governing law and jurisdiction

  • Australian law applies: These terms are governed by Queensland law and Australian law.
  • Consumer rights: Nothing removes your legal consumer rights under Australian Consumer Law.
  • US customers: If you are in the US, your state's consumer protection laws also apply.
  • Both laws apply: We cannot remove protections that law gives you.
  • Disputes: Disputes are governed by Queensland law unless you have other applicable local laws.

Changes to these terms

  • Updates: We may update these terms as our services evolve or laws change.
  • Notice: We will announce major changes; minor clarifications are updated without notice.
  • Effective date: The date at the top of this page shows when it was last updated.
  • Past projects: Changes do not apply retroactively to completed projects unless you agree.

Contact and support

  • Email: hello@xdev.com.au
  • Questions: Email "Question about Terms" in the subject.
  • Service inquiry: Email "Service Inquiry" in the subject.
  • Sales representative: Your sales rep is your first point of contact for issues and questions.