Legal Protection Framework

Terms of Service

Comprehensive service agreements establishing clear boundaries, ensuring high-quality delivery, and mutual protection for all WandWeb partnerships.

Effective Date: April 2, 2026
Version: 3.1 Custom Agency Protocol

1. General Provisions & Acceptance

Welcome to WandWeb ("Company", "Agency", "we", "our", "us"). By engaging our digital agency, approving an invoice, executing a statement of work, or utilizing any infrastructure we manage, you ("Client", "you") explicitly agree to be unconditionally bound by these Terms of Service.

1.1 Independent Contractor: WandWeb operates strictly as an independent contractor. Nothing in our engagement forms a partnership, joint venture, or employer-employee relationship.

1.2 Scope of Operations: These terms govern all interactions, deliverables, custom coding, managed hosting, SEO analysis, and proprietary "Nav Point" transactions generated by WandWeb.

2. Payment & Invoice Structure

2.1 The 50/50 Custom Project Protocol

Unless explicitly varied in a signed quote, all bespoke web design and custom development projects operate on an unyielding 50% / 50% split:

  • Initiation Deposit: A 50% upfront, non-refundable deposit is required to establish the project environment, allocate development timelines, and commence initial design work. No work begins until this deposit clears.
  • Completion Balance: The remaining 50% balance is strictly due immediately upon completion of the scope, and prior to public deployment, domain transfer, or handing over administrator credentials to the finalized website.

2.2 Recurring Subscriptions & Retainers

Monthly infrastructure plans (hosting, SEO, management) are billed in advance. Failure to pay within 7 days of the invoice date will result in the immediate suspension of associated services, and the website's public visibility may be temporarily revoked until the balance is restored.

Zero Refund Policy on Labour

Due to the irrevocable nature of custom software engineering, graphic design, and server administration, we do not offer refunds on any labour that has commenced or been completed. If a project is cancelled by the client mid-development, the initial deposit is entirely forfeit to cover expended resources.

3. Scope Management & Material Delays

We despise ambiguous boundaries as much as you do. To ensure a premium product is delivered on time, the following rules strictly govern the development lifecycle:

3.1 Strict Scope Confinement

The "Scope of Work" is explicitly defined within your proposal. Scope Creep is expressly forbidden. Any tangential requests, afterthought features, unlisted page builds, or "moving the goalposts" after the design is approved will be evaluated as external to the scope. These requests will either be rejected, billed incrementally via Nav Points, or require a separate independent quote.

3.2 Revisions Limit

Standard projects include two (2) concerted revision rounds during the design phase. A "concerted round" requires the client to consolidate all feedback into a single communication. Drip-feeding minor revisions daily circumvents this policy and will rapidly exhaust Nav Points allocations.

3.3 Material Acquisition & Client Delays

If your project involves the integration of client-supplied content (text, imagery, credentials), timeliness is mandatory. If development is paralyzed due to prolonged client unresponsiveness or failure to provide necessary assets for more than Fourteen (14) calendar days, WandWeb reserves the right to:

  • Mark the project as artificially complete and immediately invoice the final 50% remainder.
  • Eject the project from our active queue, requiring a reactivation fee to resume work in the future.

4. Infrastructure, Hosting & Security

4.1 Service Availability

WandWeb provisions commercial-grade servers on a best-effort basis, targeting 99.9% uptime. However, we are not liable for upstream infrastructural outages, localized ISP failures, or force majeure events that temporarily take your site offline.

4.2 Security Vulnerabilities & Client Tampering

WandWeb deploys rigorous firewall rules and security plugins. However, the weakest link in any security chain is the user.WandWeb claims zero financial or legal liability for hacks, malware, or data-loss that occurs due to:

  • The client distributing their administrative password to unverified third parties.
  • The client manually installing unauthorized, pirated, or insecure third-party plugins.
  • The client setting inherently weak passwords (e.g., "CompanyName123").

If a client accidentally nukes their database or infects their site through negligence, WandWeb will levy emergency disaster-recovery hourly rates (or heavy Nav Point deductions) to restore the environment from backup.

4.3 Major Version Updates

While we maintain standard security patching for all managed clients, catastrophic "Major Version" updates (e.g., migrating to a completely new version of PHP, or rewriting a deprecated ecommerce engine) may require a designated architectural upgrade fee.

5. Marketing, SEO & Algorithms

5.1 General SEO Disclaimers

Search Engine Optimization (SEO) involves adapting to proprietary, black-box algorithms controlled exclusively by third parties (Google, Bing). As an ethical agency, WandWeb explicitly guarantees no specific placement, rank, or traffic volume.

We do not possess "insider access" to Google. Our optimizations are based exclusively on industry-standard best practices. We are completely indemnified from any business loss resulting from an algorithmic update that negatively impacts a client's organic search visibility.

5.2 Advertisement Network Liability

If WandWeb manages paid advertising (PPC) on a client's behalf:

  • The client is exclusively responsible for funding the ad budget directly to the network.
  • We are not strictly liable for unexpected overspends resulting from network anomalies or the client independently modifying campaign budgets.

7. Limitations of Liability & IP

7.1 Intellectual Property Retention

WandWeb legally retains all right, title, and ownership over the bespoke code, architectural layouts, and proprietary scripts engineered during a build until the final milestone invoice clears our bank account. Upon final payment, standard usage rights transfer to the client, while WandWeb retains an irrevocable license to feature the work in our agency portfolio.

7.2 Absolute Liability Cap

To the maximum extent permitted by Queensland and Australian federal law, under no technical circumstance shall WandWeb, its directors, or its affiliates be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from:

(i) Technical downtime resulting in lost eCommerce revenue;
(ii) Deletion, corruption, or failure to backup physical data sets;
(iii) Third-party plugin vendor failures or abandonment.

Any legally proven liability incurred by WandWeb shall never exceed the total cumulative amount the client has paid WandWeb within the preceding three (3) calendar months.

Should you require legal clarification on any of the policies outlined above, please direct all inquiries to our administration channel.
© 2026 WandWeb Digital Agency. All rights reserved.