Terms of service

How we’ll work together

Last updated: 28 October 2026

1. Who you are working with

Breakwater Web Co is operated by Dzevad (Jevad) Huseinbegovic, trading as Breakwater Web Co, ABN 30 395 825 899, based in Warrnambool, Victoria. In these terms, “I” and “me” mean that business, and “you” means the customer named in the quote.

Contact me at jevad@breakwaterweb.com.au or 0478 527 613.

2. Your agreement

Before work starts, I will give you a written quote describing the work, price, payment stages, included revisions and expected timing. These terms and the Refund and Cancellation Policy form part of that quote and will be available to you before you accept it.

Your project agreement starts when you accept the quote in writing, including by email. Paying a deposit also accepts the quote if the quote clearly says this and you received the applicable terms before paying. Simply browsing my website or sending an enquiry does not order a service.

If a project-specific term in your accepted quote differs from these general terms, the project-specific term applies to that point. No quote or policy takes away rights that cannot legally be excluded.

3. Website packages and scope

The following describes the current standard packages. Your accepted quote records exactly what you are buying.

Ongoing hosting management, monitoring and changes are not included in a one-off build unless your quote says otherwise. You can choose an optional care plan.

Unless listed in your quote, the build price does not include domain registration or renewal, business email, paid images or licences, ongoing search marketing, legal drafting, a content management system, bookings, online payments or an online shop. I will identify required third-party subscriptions and who pays them before you agree to proceed.

4. Prices and payment

All prices are in Australian dollars. I am currently not registered for GST, so no GST is charged. A later change in tax registration will not retrospectively increase an accepted fixed-price quote.

For Template and Starter builds, 50% is payable before work starts and the remaining 50% is invoiced once the approved site is live. Custom projects may have different stages stated in the quote. Unless your quote says otherwise, invoices are due within seven calendar days of issue. Invoices are sent by email and paid by bank transfer to the account shown on the invoice. My bank details will never change by email alone: if you receive a message saying they have changed, call me on the number above before paying.

The deposit is a payment towards your project. It is not automatically forfeited if you cancel; the Refund and Cancellation Policy explains how the final amount is worked out.

I will obtain your written approval before doing chargeable work outside the agreed scope or buying additional services on your behalf.

If an invoice is overdue, I will contact you and allow at least seven further calendar days to pay or raise a genuine dispute before pausing affected work. I will not disable a paid-for website or retain your domain because of an unrelated disputed amount. Ending unpaid ongoing services is covered by section 9.

5. What I need from you

You agree to provide the information and access reasonably needed for the project, including your services, service areas, contact details, business or licence details, branding and photos. Please use a secure sharing method for account access rather than putting passwords in an enquiry form.

You must have permission to use the material you supply, including images of other people, logos and testimonials. You give me permission to use that material to carry out your project. You keep your rights in it.

Please check drafts for factual accuracy, spelling of names, contact details, prices, claims and permissions. I remain responsible for the work I perform; your approval does not waive your rights if my work is defective.

You are responsible for deciding which business-specific legal notices and regulatory disclosures your site needs. I can add approved wording you supply. I do not provide legal advice through the website-building service.

6. Timing, feedback and revisions

We agree a delivery date in writing before work starts, and it is recorded in your quote. The timing starts when I have your deposit, required material and access. Time reasonably spent waiting for your feedback or approval is not counted.

I will tell you promptly if something may affect delivery and discuss a revised date. I will not extend an agreed deadline without explaining the reason. Your rights concerning delay remain unchanged.

A revision round is one consolidated set of feedback on a draft within the agreed scope. Adding pages, changing the agreed direction or requesting new features may require a separate quote. Correcting my errors or bringing the work into line with the agreed scope does not use up your revision allowance.

If the project is waiting on you for 30 days, I may pause the schedule after sending a reminder. I will agree a restart date with you. Inactivity does not automatically forfeit your deposit or create an extra fee.

7. Approval and launch

I will give you a preview and ask for written approval before launching. Silence is not approval. I will carry out the testing included in your quote, including checking navigation, layouts and the agreed enquiry or contact functions.

Please report any issue promptly so I can investigate. A request to fix work that does not meet the agreement or applicable consumer guarantees is separate from a request for a new feature, and does not require a care plan.

8. Ownership and third-party materials

You retain ownership of your supplied content. Your domain should be registered in your name or your business's name from the outset, with you having access to the account.

Once the relevant project fees are paid, I assign to you the copyright I own in original content and code created specifically for your project, excluding the reusable and third-party materials described below. I will provide your website files and the access information you are entitled to receive.

I retain ownership of my pre-existing templates, reusable components, general tools and methods. Where these are included in your paid website, you receive a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy, host and modify them as part of your website, and to let another provider do so for you. This lets you move your website without remaining on a care plan. It does not give you exclusive ownership of my template or a right to resell it as a standalone template product.

Third-party fonts, images, libraries, platforms and other components remain subject to their own licences. I will identify material restrictions or ongoing licence costs before you commit to using them.

I will ask your permission before using your name, logo or project in my portfolio or testimonials.

9. Optional website care

Care is optional, billed monthly in advance and has no fixed minimum term:

Your website can stay on your own hosting account, with me managing it, or I can organise the hosting for you and manage it. Either way, your care schedule will specify the hosting arrangement, included provider fees, monitoring and form-check frequency, backup frequency and retention, and the software or services I manage. You will not be charged twice for a hosting cost described as included.

Small changes include updates to existing text, photos, links or contact details. New pages, redesigns, new integrations and larger work are quoted separately. Unused change time does not roll over or have a cash value. I will obtain approval before charging for extra work.

Support is during ordinary Victorian business days (Melbourne/Sydney time, AEST/AEDT), excluding public holidays. This is not a 24-hour emergency service. I aim to acknowledge enquiries within two business days; the time to complete a request depends on its size and urgency. Any different service level must be agreed in writing.

Either party may end a care plan on at least 14 calendar days' written notice, without an exit fee. Service continues through the notice period unless we agree otherwise. Care fees already paid are not refunded, because the notice period includes collecting and handing over your website files and information. If the notice period runs into a new billing month, you are charged only for the days of that month up to the end date. This does not affect your rights if I have not provided the care service properly. I will provide website files, relevant access and reasonable assistance with a standard handover. A larger migration project needs a separate agreed quote. I will explain when hosting or other managed services will stop so you can arrange a replacement.

I will give at least 30 calendar days' notice of any proposed care price or material service change. You may cancel before it takes effect without an exit fee. A price increase will not affect an already-paid period.

10. Third-party services and reasonable limits

Hosting, domain, email, payment and other providers have their own service conditions. I will explain material dependencies included in your project. Third-party involvement does not remove my responsibility for services I have agreed to supply.

I do not promise a particular search ranking, visitor number, enquiry volume or sales result. No website can be guaranteed to have uninterrupted availability or complete protection from every security threat. I will still use reasonable care and skill and meet the obligations in your agreement and applicable law.

11. Problems, cancellation and legal rights

If something is wrong, contact me with the details. I will acknowledge the issue within two business days where reasonably possible and discuss an appropriate solution. The Refund and Cancellation Policy explains cancellation payments and remedies.

Nothing in these terms excludes, restricts or modifies a consumer guarantee, remedy or other right that cannot lawfully be excluded, including under the Australian Consumer Law. Approval, payment, launch and the absence of a care plan do not remove those rights.

If we cannot resolve a disagreement directly, either of us may suggest mediation. You do not have to complete mediation before contacting a regulator or exercising a legal right.

The agreement is governed by Victorian law and applicable Australian law. This does not limit any right to bring a claim in another court or tribunal that has jurisdiction.

12. Changes to these terms

The version supplied with your accepted quote applies to that project. Updating this webpage does not retrospectively change your agreement. Changes to an existing project require written agreement; ongoing care changes follow the notice and cancellation provisions above.

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