Terms of Service
Last updated: April 2025
These terms govern the relationship between Palm Digital ('we', 'us', 'our') and clients engaging our services. Please read them carefully before proceeding with any project. If you have questions about these terms, contact us at palmdigitalonline@gmail.com before engaging our services.
1. Services
Palm Digital provides website design, development, hosting, maintenance, and related digital services to clients. The specific services provided to each client are agreed upon in writing prior to commencement of work.
2. Scope of Work
The scope of any project is defined in written communication between Palm Digital and the client. Only features and deliverables explicitly agreed in writing are included. Any requests that fall outside the agreed scope will be reviewed and quoted separately before any additional work is undertaken.
3. Client Responsibilities
Clients are responsible for supplying all required content — including text, images, logos, and branding assets — in a timely manner. Delays in providing content may affect the agreed project timeline, and Palm Digital is not responsible for delays caused by the client. The client is responsible for reviewing and approving work at each stage of the project. Approval at each stage constitutes acceptance of that stage.
4. Revisions
Standard packages include 2 rounds of revisions. A revision round is defined as one consolidated set of feedback submitted at once. Piecemeal feedback spread across multiple communications does not constitute a separate revision round. Additional revision rounds beyond what is included will be quoted separately and must be approved before work begins.
5. Fees and Payment Terms
Fees are as stated in the written quote or package description at the time of agreement. For website build projects, a deposit — typically 50% of the total project fee — is required before work begins. The remaining balance is due on or before the website launch date. Monthly plan fees are billed in advance at the start of each billing period. All prices are in Australian Dollars (AUD) unless otherwise stated.
6. Failed Payments and Late Payment
If payment is not received by the due date, Palm Digital reserves the right to pause work or suspend services until payment is received. A late payment fee may apply at Palm Digital's discretion. Palm Digital reserves the right to withhold delivery of completed files, website access, or domain connections until outstanding payments are settled in full.
7. Launch and Handover
The website will be made live once full and final payment has been received and the client has provided written approval to proceed with launch. After the website has been launched, any further design changes, development work, or feature additions are either covered by an ongoing care plan or will be quoted and billed separately.
8. Monthly Care Plans
Monthly care plans are billed in advance at the start of each billing period. Either party may cancel a monthly plan with 30 days' written notice. Palm Digital reserves the right to adjust plan pricing with 30 days' notice. Unused update time allocated under a care plan does not roll over to the following month. Care plan services are subject to fair use — Palm Digital reserves the right to discuss usage that falls outside the intended scope.
9. Third-Party Costs and Services
Domain registration, domain renewal fees, third-party plugins, premium themes, stock photography licences, and any other third-party costs are not included in Palm Digital's fees unless explicitly stated in writing. The client is responsible for paying these costs directly or reimbursing Palm Digital where these have been paid on the client's behalf.
10. Intellectual Property
On receipt of full payment, the client owns the website content and the final design as delivered. Palm Digital retains the right to display the completed project in its portfolio and marketing materials unless the client explicitly requests otherwise in writing. Third-party components, frameworks, plugins, or licensed software used in the build retain the intellectual property rights and licences of their respective owners.
11. Suspension and Termination
Palm Digital may suspend or terminate services for non-payment, material breach of these terms, or for behaviour toward Palm Digital personnel that is abusive, threatening, or otherwise unreasonable. The client may terminate services at any time with written notice, subject to any outstanding payment obligations. Deposits are non-refundable unless Palm Digital is unable to commence the agreed work.
12. Warranties and Disclaimers
Palm Digital provides services with reasonable care and skill. We do not warrant that websites will be entirely error-free or will operate without interruption at all times. We are not responsible for issues caused by third-party platforms, hosting infrastructure, content management systems, plugins, browser updates, or other external services. Any issues identified after launch will be assessed and, where they fall within the agreed scope and are attributable to Palm Digital's work, addressed at no additional charge.
13. Limitation of Liability
Palm Digital's total liability in connection with any services provided is limited to the total amount paid by the client for the specific service in question. Palm Digital is not liable for indirect, consequential, incidental, or special losses, including but not limited to loss of revenue, loss of data, or loss of business opportunity, even if Palm Digital has been advised of the possibility of such losses.
14. General
These terms are governed by the laws of Australia. Palm Digital and the client agree to make a genuine effort to resolve any disputes in good faith before escalating to formal legal proceedings. If any provision of these terms is found to be unenforceable, the remaining provisions continue in full force and effect.
15. Acceptance
Engaging Palm Digital's services — whether by paying a deposit, commissioning work, or continuing to use a service — constitutes acceptance of these terms. Where a formal written agreement or contract exists between Palm Digital and the client, that agreement takes precedence over these general terms to the extent of any inconsistency.
Questions about these terms? Get in touch at palmdigitalonline@gmail.com or via our contact page.