TERMS AND CONDITIONS OF UX HOUSE

1. Introduction

1.1 These Terms and Conditions ("Agreement") govern the engagement between UX House ("Company", "we", "our", or "us") and the Client ("Client", "you", or "your"). By engaging our services, you agree to comply with these Terms and Conditions.

2. Scope of Services

2.1 UX House agrees to provide UX/UI design, web development, and related services as per the agreed proposal.
2.2 Any additional services requested beyond the agreed scope shall require a separate agreement and may be subject to additional charges.

3. Payment Terms

3.1 The total project cost shall be payable in two instalments:
a) 50% of the total project fee is due before the commencement of work.
b) The remaining 50% is due before the final handover of the completed project.
3.2 All payments must be made in the currency specified in the proposal.
3.3 Late payments may result in delays in project completion and may incur additional charges at the discretion of UX House.
3.4 No refunds will be provided once work has commenced. Work completed at any stage of the project is strictly non-refundable.
3.5 All payments made via credit card will add an additional 2.2% transaction fee.
3.6 All invoicing will be additional GST and not inclusive of quote

  • Each invoice is subject to 48-hour payment terms from the date of issue.

  • All payments must be received in full and on time to maintain the plan.

  • No refunds will be processed under this arrangement.

  • Additional work value under $1,000 will be invoiced in full for payment before commencing additional or new projects.

  • Minimum charged is 1 hour fee for additional projects to additional hours. The fee is either agreed upon by UX House and Client or standard rate of $150 per hour.

Optional 4-Payment Plan

As an alternative to our standard payment terms, clients may elect to enter into a 4-payment plan.

  • The total project amount will be divided into four (4) equal monthly, fortnightly or weekly payments.

  • Invoices will be issued on the same calendar date each month. If that date falls on a weekend or public holiday, the invoice will be issued on the preceding business day.

  • Each invoice is subject to 48-hour payment terms from the date of issue.

  • All payments must be received in full and on time to maintain the plan.

  • No refunds will be processed under this arrangement.

  • If a payment is not received within 48 hours and no contact is made by the Client within 14 days of the invoice date, the payment plan will be cancelled and the full remaining balance will be invoiced in bulk and become immediately payable.

  • Transaction fees (if applicable) are the responsibility of the Client.

Retainer Agreement – Weekly or Monthly

  • A retainer fee applies for the agreed number of service hours (e.g. 2 hours per week or 8 hours per month).

  • The retainer is a minimum commitment. The agreed hours will be invoiced and payable in full whether or not the services are utilised during the period.

  • Any work performed beyond the agreed hours will be billed at the standard hourly rate and added to the next invoice.

  • Retainer payments are due in advance on the same calendar date each week or month (depending on the agreed arrangement). If the date falls on a weekend or public holiday, the invoice will be issued on the preceding business day.

  • Invoices are subject to 48-hour payment terms from the date of issue.

  • Retainer fees are non-refundable. Unused hours cannot be rolled over to future periods.

  • Transaction fees (if applicable) are the responsibility of the Client.

4. Client Responsibilities

4.1 The Client agrees to provide all necessary materials, feedback, approvals, and information required for the project in a timely manner.
4.2 Any delays in providing required assets or approvals may result in timeline extensions.
4.3 The Client warrants that all materials provided do not infringe on any third-party rights.

5. Project Timeline

5.1 Project timelines will be outlined in the proposal and are subject to change based on mutual agreement.
5.2 Delays caused by the Client will not affect UX House’s payment schedule.
5.3 In the event of an emergency on the part of UX House, including but not limited to natural disasters, major technical failures, health issues, or personal emergencies, reasonable extensions to the project timeline will be granted. The Client agrees that such extensions will not be considered a breach of this Agreement.

6. Revisions and Approvals

6.1 UX House offers a limited number of revisions as outlined in the proposal. Any additional revisions may be subject to additional fees.
6.2 The Client is responsible for reviewing and approving work at each milestone stage before proceeding further.
6.3 Once the final approval is given, any further changes may be considered a new scope of work and billed accordingly.

7. Intellectual Property Rights

7.1 Upon final payment, UX House grants the Client a licence to use the completed website for its intended business purpose.
7.2 UX House retains full ownership of the underlying artwork, creative assets, and design of the website.
7.3 If the Client chooses not to engage UX House for ongoing website management, the Client agrees:

  • Not to make substantial, drastic, or structural changes to the website’s design or artwork without prior written consent from UX House.

  • To notify UX House in advance if any third party or new provider will be managing, altering, or maintaining the website.
    7.4 UX House shall not be held responsible for any errors, bugs, downtime, or performance issues that occur after handover if changes or maintenance are performed by the Client or a third party without UX House’s involvement.
    7.5 UX House retains the right to use the project for portfolio, marketing, and promotional purposes unless otherwise agreed in writing.
    7.6 Any third-party assets, fonts, plugins, or software used in the project remain subject to their respective licensing agreements.

8. Confidentiality

8.1 Both parties agree to keep confidential any proprietary, sensitive, or commercially valuable information disclosed during the course of the project, whether written, oral, digital, or in any other form (“Confidential Information”).
8.2 Confidential Information shall include, but is not limited to, business strategies, trade secrets, client data, intellectual property, pricing structures, financial information, and any other material identified as confidential by either party.
8.3 Neither party shall disclose, reproduce, or use Confidential Information for any purpose other than fulfilling their obligations under this Agreement, without the prior written consent of the other party.
8.4 Reasonable steps must be taken by both parties to prevent unauthorised access to, or disclosure of, Confidential Information.
8.5 The obligations of confidentiality shall not apply to information that:

a. Is or becomes publicly available without breach of this Agreement;

b. Was lawfully in the receiving party’s possession before disclosure;

c. Is independently developed without reference to the Confidential Information; or

d. Is required to be disclosed by law, court order, or regulatory authority (in which case the disclosing party shall give prompt written notice to the other, where legally permitted).

 

8.6 This confidentiality obligation shall survive the termination or completion of this Agreement indefinitely, unless and until the information no longer qualifies as Confidential Information under clause 8.5.

9. Termination

9.1 Either party may terminate this Agreement with written notice if the other party breaches any material term and fails to remedy it within 7 days of receiving notice.
9.2 If the Client terminates the project after work has commenced, UX House reserves the right to retain all payments made up to that point.

10. Liability and Warranties

10.1 UX House will perform all services in a professional and diligent manner, consistent with industry standards, but does not guarantee specific business outcomes, financial results, or performance metrics beyond the agreed deliverables outlined in this Agreement.
10.2 UX House shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of revenue, loss of business opportunities, reputational harm, or data loss, arising from or connected with the use of our services.
10.3 UX House shall not be liable for any issues, failures, downtime, or damages resulting from third-party hosting providers, domain registrars, content delivery networks, plugins, APIs, or external software and integrations, including but not limited to WordPress, Framer, Shopify, Squarespace, or any similar platforms.
10.4 UX House is not responsible for errors, breaches, or security vulnerabilities introduced by third-party tools, plugins, or external code selected or requested by the Client. The Client acknowledges that responsibility for third-party licenses, renewals, and subscriptions remains solely with the Client.
10.5 UX House’s total cumulative liability for any claim, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by the Client under this Agreement in the three (3) months preceding the claim.
10.6 Nothing in this Agreement limits liability for death, personal injury, or damages caused by gross negligence, wilful misconduct, or fraud.

11. Force Majeure

11.1 Neither party shall be liable for failure to perform obligations due to unforeseen circumstances beyond their reasonable control. This includes but is not limited to natural disasters, technical failures, government restrictions, health-related emergencies, or other events that make timely performance impossible.
11.2 In such cases, project timelines may be reasonably extended without penalty.

12. Governing Law

12.1 This Agreement shall be governed by and construed in accordance with the laws of Queensland, Australia, including but not limited to the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, and the Fair Trading Act 1989 (Qld), where applicable.
12.2 The parties irrevocably submit to the exclusive jurisdiction of the courts of Queensland and any courts that may hear appeals from those courts.
12.3 Each party waives any objection to proceedings being brought in these courts, including any claim that the forum is inconvenient.
12.4 Nothing in this clause prevents UX House from seeking injunctive, equitable, or urgent relief in any jurisdiction where a breach of this Agreement may occur or be threatened.

13. General Provisions

13.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or agreements.
13.2 Any modifications to this Agreement must be made in writing and signed by both parties.
13.3 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


By engaging UX House’s services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

 

Terms and Conditions