Terms & Conditions

Acceptance Of These Terms

These Terms & Conditions apply to services provided by TD Interactives, including website design, website development, website hosting, maintenance, technical support, search engine optimisation, digital marketing, graphic design, business documentation and other related services.

A client is considered to have accepted these terms when they:

• Approve a quotation or proposal.
• Pay a deposit, invoice or recurring service fee.
• Provide instructions for work to commence.
• Use services supplied or managed by TD Interactives.
• Continue using a service after receiving notice of updated terms.

These terms may be updated from time to time. The current version will be published on the TD Interactives website.

Quotations, Proposals & Scope Of Work

Quotations and proposals are based on the information supplied by the client at the time the quotation is prepared.

Each quotation will identify the services, deliverables and fees included in the agreed scope of work. Any work requested outside that scope may be treated as additional work and quoted or charged separately.

Examples of additional work may include:

• Additional pages, features or functionality.
• Significant design changes after approval.
• Additional content entry or copywriting.
• Third-party integrations not included in the original quotation.
• Additional meetings, training or technical support.
• Repairs required due to changes made by the client or another provider.

Unless otherwise stated, a quotation may be withdrawn or revised if it has not been accepted within 30 days.

Client Responsibilities

The client is responsible for providing accurate and complete information needed to complete the requested work.

This may include:

• Business details and contact information.
• Logos, photographs, videos and brand assets.
• Website text, service information and pricing.
• Domain, hosting, email and third-party account access.
• Required licences, approvals and regulatory information.
• Timely feedback and approval of completed work.

The client must review work carefully and advise TD Interactives of errors, omissions or required corrections within the requested review period.

The client remains responsible for the accuracy, legality and regulatory compliance of information published on their website or included in business documentation.

Deposits, Invoices & Payments

Fees will be charged in accordance with the approved quotation, proposal, invoice or service agreement.

A deposit may be required before work commences. Unless otherwise agreed in writing, deposits reserve project time and may not be refundable once work has commenced.

The remaining project balance must be paid according to the agreed payment schedule. TD Interactives may delay launch, transfer, delivery or release of completed work until all outstanding invoices have been paid.

Recurring services such as hosting, maintenance, SEO, support or subscription services must be paid by the due date shown on the invoice.

Third-party costs, including domain registration, software licences, advertising costs, premium extensions and external subscriptions, may be payable separately.

Unless a written agreement states otherwise, annual hosting and maintenance renewals are invoiced in advance and must be paid by the due date shown on the invoice. A renewal invoice does not, by itself, expand the scope of maintenance services.

If an invoice becomes overdue, TD Interactives may issue reminders and give reasonable written notice of any proposed non-emergency suspension or non-renewal, including an opportunity to pay or raise a genuine billing dispute. Any suspension, reactivation charge or termination will be subject to the applicable agreement and law. TD Interactives will not impose an undisclosed late-payment penalty.

Project Timelines & Delays

Any completion date or estimated delivery timeframe is provided as a reasonable estimate and may depend on the client providing content, access, approvals and feedback on time.

TD Interactives is not responsible for delays caused by:

• Late delivery of content or information.
• Delayed feedback or approvals.
• Changes to the original project scope.
• Third-party software, hosting or service providers.
• Domain, DNS, email or account access problems.
• Technical faults or events outside our reasonable control.

Where a project becomes inactive due to lack of communication or content from the client, it may be placed on hold and rescheduled according to current project availability.

Design Approval, Revisions & Additional Work

The number of revisions included in a project will be outlined in the quotation or project proposal.

Revisions should relate to the approved project direction. Requests that substantially change the design, structure, functionality or original brief may be considered additional work.

Once a design, page, feature or completed website has been approved, further changes may incur additional charges.

Minor corrections reported shortly after launch will generally be reviewed as part of the final project process. New features, new content or changes requested after completion may be quoted separately.

Ownership, Copyright & Intellectual Property

The client must ensure that they own, or have permission to use, all content, photographs, graphics, logos, trademarks, documents and other materials supplied to TD Interactives.

The client indemnifies TD Interactives against claims arising from material supplied by the client that infringes copyright, trademark, privacy or other third-party rights.

Unless otherwise agreed:

• Ownership of completed custom project deliverables transfers to the client after all related invoices have been paid.
• TD Interactives retains ownership of pre-existing systems, internal processes, reusable code, templates, development tools and business methodologies.
• Third-party software, templates, fonts, extensions, plugins and stock assets remain subject to their original licence terms.
• TD Interactives may display completed work in its portfolio, website, social media and marketing material unless confidentiality has been agreed in writing.

Third-Party Platforms, Software & Licences

Websites and digital services may depend on third-party products or providers, including:

• Joomla, WordPress and other content management systems.
• Website templates, plugins and extensions.
• Google, Microsoft, Meta and other online platforms.
• Hosting providers, domain registrars and DNS services.
• Payment gateways, booking platforms and external applications.

TD Interactives does not control the availability, pricing, functionality, security or future operation of third-party services.

A third-party provider may update, discontinue, restrict or change its service at any time. Where this creates additional work, replacement, migration or redevelopment costs may apply.

Premium licences and subscriptions may require recurring renewal. The client is responsible for paying these costs unless they are expressly included in an ongoing TD Interactives service agreement.

References to a content management system or other third-party platform do not mean that TD Interactives agrees to develop, maintain, secure or troubleshoot every installation of that platform. Support is limited to the services expressly agreed for the relevant website or account.

Website Hosting, Domains & DNS

Hosting and domain services are provided subject to payment of all applicable recurring fees.

Hosting services may include website storage, database hosting, SSL certificates, email hosting, server monitoring, backups and technical administration, depending on the selected service.

While TD Interactives aims to provide reliable hosting, uninterrupted operation cannot be guaranteed. Temporary outages may occur due to:

• Server maintenance or software updates.
• Data centre, network or internet faults.
• Hardware or software failures.
• Cyberattacks, malware or excessive resource usage.
• DNS propagation or third-party provider issues.
• Events outside our reasonable control.

Domain names are registered or renewed on behalf of the client. The client is responsible for ensuring domain renewal invoices are paid before expiry.

TD Interactives is not responsible for a domain being suspended, cancelled or acquired by another party where renewal fees were not paid by the required date.

Hosting provides the agreed server and account services; it does not automatically include website development, application maintenance, plugin updates or troubleshooting of a website built or changed by another provider. Any hosting-only arrangement and its security responsibilities should be confirmed in writing.

Website Maintenance, Updates & Backups

Maintenance services may include software updates, extension updates, security monitoring, backups, performance checks and minor technical assistance.

The exact services included depend on the maintenance or hosting package selected.

Backups are maintained as a reasonable recovery measure. However, no backup system can be guaranteed to retain every version of every file indefinitely.

Clients should retain independent copies of critical business records, email, documents and website content where appropriate.

TD Interactives is not responsible for faults caused by:

• Unauthorised changes made by the client or another provider.
• Unsupported, abandoned or outdated software.
• Removal or modification of security systems.
• Changes made directly to files, databases or hosting settings.
• Installation of unapproved plugins, templates or extensions.

Third-Party Developers, Hosting Access & Website Replacements

Clients must notify TD Interactives in writing before arranging for another developer or provider to substantially modify, rebuild, replace or migrate a website hosted by TD Interactives, including a change of content management system. This allows TD Interactives to review hosting compatibility, security requirements and the effect on existing maintenance services before the change is made.

Where cPanel, FTP, database or other hosting credentials are provided to a client or their authorised representative, they are provided in good faith for legitimate administration of the account. Providing access does not mean TD Interactives has approved a proposed website replacement or agreed to maintain, support or troubleshoot software installed by another party.

TD Interactives is not automatically responsible for faults, updates, application-level security or troubleshooting arising from third-party development or substantial changes outside the agreed maintenance scope. Any additional support must be separately agreed in writing, including applicable fees. This does not remove obligations TD Interactives already has under an existing agreement or applicable law.

Where a change materially affects the agreed service, TD Interactives may propose a revised maintenance arrangement, hosting-only service or an orderly migration to another provider. Any change to an existing paid service is subject to the current agreement, reasonable notice where appropriate and applicable law.

Website Security, Malware & Disaster Recovery

TD Interactives uses reasonable security measures to protect websites and hosting accounts. However, no website, server or internet-connected system can be guaranteed to be completely secure.

Security incidents may include malware, unauthorised access, compromised passwords, software vulnerabilities, spam, phishing, denial-of-service attacks and other malicious activity.

Where a website is affected, TD Interactives may perform recovery work that can include:

• Reviewing available backups.
• Restoring a verified website backup.
• Cleaning malware or compromised files.
• Migrating the website to a clean hosting environment.
• Updating Joomla, WordPress, templates or extensions.
• Installing or configuring security software.
• Changing passwords and reviewing administrator accounts.
• Checking SSL, DNS, email and website functionality.

Recovery is subject to the availability and integrity of backups and the condition of the affected website.

Where an incident is caused by unsupported software, weak passwords, third-party access, unauthorised changes or circumstances outside the agreed service, recovery work may be chargeable.

Security of Third-Party Websites

Clients and their authorised developers must take reasonable steps to keep externally installed website software, plugins, themes and administrator accounts secure, including applying supported security updates, using strong credentials and promptly addressing known vulnerabilities. They must not disable hosting security controls without prior agreement.

An insecure or compromised website may, depending on the hosting configuration, create risks for the hosting account, server resources or other hosted websites. TD Interactives may request information or reasonable remediation where a credible risk is identified. Where urgent action is reasonably necessary to contain an active threat, TD Interactives may take proportionate protective measures and notify the client as soon as reasonably practicable, subject to the agreement and applicable law.

SEO, Google Ads & Digital Marketing

Search engine optimisation and digital marketing are ongoing processes influenced by competition, search engine algorithms, website quality, market conditions and client participation.

TD Interactives does not guarantee:

• A particular Google ranking.
• A specific number of website visitors.
• A guaranteed number of leads or sales.
• Approval by Google, Meta or another advertising platform.
• That a ranking or campaign result will remain unchanged.

Advertising budgets are generally paid directly to the advertising platform and are separate from management fees unless stated otherwise.

The client is responsible for ensuring that advertisements, offers, claims, products and services comply with applicable laws and industry requirements.

Business Plans & Management Frameworks

TD Interactives may prepare business plans, management frameworks, operational manuals, policies, procedures, risk documentation and compliance-related business material based on information supplied by the client.

These documents are developed to assist with business planning, finance applications, licensing, operations, governance and growth.

The client remains responsible for:

• Providing accurate and complete business information.
• Reviewing all financial figures and projections.
• Obtaining independent accounting, legal or regulatory advice.
• Ensuring the final document meets the requirements of the relevant authority.
• Implementing and maintaining policies and procedures in practice.

TD Interactives cannot guarantee approval of a loan, licence, application, investment proposal or government submission.

Technical Support & Remote Assistance

TD Interactives provides support according to the services included in the client's hosting, maintenance or support arrangement.

Support relating to the website server, website functionality or services directly managed by TD Interactives will generally receive priority over faults involving external devices or third-party applications.

Remote computer assistance, device configuration, third-party application repair, email software troubleshooting and unrelated IT support may incur additional fees.

Critical support generally applies to situations such as:

• A complete website outage.
• A confirmed security incident.
• A website fault preventing essential customer enquiries.
• A server-side email outage affecting all users.

Minor content changes, third-party software faults and individual device problems are not normally treated as emergency support matters.

Suspension, Cancellation & Termination

Either party may end an ongoing service by providing the notice required under the relevant quotation, invoice or service agreement.

TD Interactives may suspend or terminate services where:

• Invoices remain unpaid.
• The service is being used unlawfully.
• The client breaches these Terms & Conditions.
• The service creates a security or technical risk.
• The client behaves abusively or threatens staff or contractors.
• Continuing the service is no longer reasonably possible.

Fees already paid for completed work, registered domains, purchased licences, third-party subscriptions or reserved project time may not be refundable.

Where requested and where all invoices have been paid, TD Interactives will reasonably assist with transferring website files, domains or services to another provider. Migration, preparation or technical transfer work may incur a fee.

Where practicable, TD Interactives will provide reasonable written notice and an opportunity to resolve a non-urgent breach before suspending or ending a service. Urgent protective action may be necessary for a credible security threat or unlawful activity. Any action will be proportionate and subject to applicable law, existing contractual obligations and the client's rights in relation to prepaid services.

Warranties & Limitation Of Liability

TD Interactives will provide services with reasonable care and skill. However, websites, software, hosting, email, digital marketing and internet services may occasionally experience faults, interruptions or unexpected behaviour.

To the extent permitted by law, TD Interactives is not liable for indirect, incidental or consequential loss, including:

• Loss of profit or revenue.
• Loss of business opportunity.
• Loss of data.
• Loss caused by third-party service providers.
• Search engine ranking changes.
• Advertising account restrictions.
• Security incidents outside our reasonable control.

Where liability cannot legally be excluded, TD Interactives' liability will be limited to the remedies available under applicable Australian law.

Nothing in these terms is intended to exclude rights that cannot lawfully be excluded under the Australian Consumer Law.

Acceptable Use Of Services

Clients must not use TD Interactives services to:

• Break any applicable law or regulation.
• Commit fraud or misrepresent another person or business.
• Distribute spam, malware, viruses or malicious software.
• Attempt unauthorised access to a system, account or network.
• Host unlawful, abusive, threatening or defamatory material.
• Infringe copyright, privacy, trademark or intellectual property rights.
• Conduct phishing, credential theft or deceptive online activity.
• Interfere with server performance or the services of other users.
• Store or distribute content that is illegal in Australia.

TD Interactives may immediately suspend a service where continued operation could expose TD Interactives, its infrastructure, its providers or other clients to legal, security or technical risk.

General Terms & Governing Law

These Terms & Conditions are governed by the laws of Victoria, Australia.

If any part of these terms is found to be invalid or unenforceable, the remaining terms will continue to apply.

A failure by TD Interactives to immediately enforce a right under these terms does not mean that right has been waived.

These terms should be read together with any applicable quotation, proposal, invoice, Privacy Policy, Cookie Policy, Website Terms of Use, Email Services Policy, Hosting Policy or other service-specific agreement.

Questions regarding these terms should be directed to TD Interactives using the contact information below.