Terms Of Use

Business Name: DevSpark

ABN: 30 729 654 505

Business Structure: Partnership

Governing Law: Victoria, Australia

Contact: devsparkau@gmail.com

Last Updated: 29 November 2025

1. Introduction

These Terms & Conditions ("Terms") govern the use of services provided by DevSpark ("we", "us", "our"). By engaging our services, requesting a quote, signing a contract, or paying an invoice, you ("Client", "you") agree to these Terms.

These Terms operate alongside any signed agreements (including lump sum contracts or subscription agreements). If a signed contract conflicts with these Terms, the signed contract takes priority.

2. Services Provided

DevSpark provides the following services:

  • Custom website design and development
  • Domain purchasing and setup assistance
  • E-commerce development (lump sum only)
  • Updates and maintenance (per plan or separate agreement)
  • Optional monthly add-on for unlimited edits (12-month minimum)

We do not use WordPress or page builders. All websites are hand-coded using modern frameworks (e.g., Next.js).

3. Lump Sum Projects

3.1 Payment Structure

Unless otherwise stated in a signed contract:

  • A 5% non-refundable deposit is required to begin work.
  • The remaining balance is due upon completion before the website is made live or delivered.
  • Additional work or added features outside the agreed project scope incur extra charges (AUD $50–$250 depending on complexity).
  • Additional pages beyond 5 cost $100 per page (one-time fee).

3.2 Refund Policy (Lump Sum)

  • If we cannot create a design you are happy with and you choose not to proceed, your initial payment is refunded.
  • Once development begins, refunds are no longer available (except at our discretion).

3.3 Edits & Support

  • Free updates for 6 months after completion (text/image changes only).
  • Minor updates always remain free.
  • Major updates (new features, pages, or complex changes) are charged.

3.4 Optional Unlimited Support Add-On

  • $50/month
  • 12-month minimum commitment
  • Not available for one-off usage
  • Cancelling and re-starting requires a new 12-month commitment

4. Monthly Subscription Plan

4.1 Minimum Term

  • Minimum 12-month lock-in period.
  • After 12 months, the subscription continues month-to-month.

4.2 Payments

  • No upfront deposit.
  • First payment is due after the website is completed.
  • Payments made through Square (credit/debit).

4.3 Cancellation (Subscription)

  • After the 12-month minimum, you can cancel anytime.
  • If you cancel before 12 months, you must pay the remainder of the full site value ($3,500 minus what you've already paid).
  • If you cancel after 12 months, you keep your domain and assets, but the website remains the property of DevSpark and stays with us.

4.4 No Buyout Option

After 12 months, there is no option to buy out the site. Subscription sites are priced to be financially sustainable only if clients stay long-term (5+ years).

4.5 Exclusions

E-commerce websites cannot be purchased under the monthly subscription plan.

5. Payment Terms (All Services)

  • Invoices have a 7-day grace period.
  • A $30 late fee applies to overdue invoices.
  • If payments remain unpaid for multiple months without communication, we may:
    • Suspend work
    • Cancel the subscription
    • Require full site value to be paid (for subscription plans)

6. Client Responsibilities

Clients must:

  • Provide all necessary content (text, logos, images) in a timely manner
  • Ensure all content they provide is legally owned or licensed
  • Respond promptly to feedback requests
  • Maintain communication throughout the project

Delays caused by the client may extend the project timeline.

7. Project Timeline

Most websites take 2–4 weeks depending on:

  • Client responsiveness
  • Size and complexity of the project
  • Availability of required assets
  • Our team's workload

Timeline estimates are not guarantees, but we always aim to meet agreed targets.

8. Hosting & Domain

8.1 Free Hosting Disclaimer

We may provide or assist with free hosting via third-party services. DevSpark:

  • Does not guarantee uptime, reliability, or availability
  • Is not responsible for pricing changes or outages
  • May require the client to take over hosting costs if a third-party changes terms

8.2 Domain Ownership

  • Even if we purchase the domain for you, you fully own it.
  • Domains are transferred to you upon request or upon subscription cancellation.

9. Revisions, Scope Changes & Designer Authority

9.1 Revision Limits

  • We allow reasonable revisions during the design phase.
  • Excessive or repeated redesign requests may incur extra costs.

9.2 Scope Changes

Any feature, page, or functionality not included in the original agreement will incur additional charges.

9.3 Designer Authority

We reserve the right to decline requests that negatively impact:

  • Security
  • Accessibility
  • Best practice web standards
  • Usability
  • Code integrity

10. Intellectual Property

10.1 Ownership (Lump Sum Projects)

  • Upon full payment, the client is granted a non-transferable license to use the website.
  • The client cannot resell, license, or redistribute the code or design to third parties.

10.2 Ownership (Subscription)

  • DevSpark retains full ownership of the website.
  • The client owns all provided content, branding, logos, and domain.

10.3 Portfolio Rights

We may display completed work in:

  • Portfolios
  • Social media
  • Marketing materials
  • Case studies

unless agreed otherwise in writing.

11. Updates, Maintenance & Support

Support varies by plan:

Lump Sum

  • 6 months free updates
  • Minor edits always free
  • Major updates billed at $50–$250
  • Optional unlimited $50/month plan

Subscription

  • Unlimited edits included for the entire subscription duration

Support requests must be submitted to: devsparkau@gmail.com

12. Prohibited Conduct

We may terminate services immediately if a client engages in:

  • Harassment
  • Abusive communication
  • Unrealistic demands
  • Non-cooperation
  • Repeated late payments

No refunds apply in such cases.

13. Liability & Disclaimer

To the maximum extent permitted by law:

  • We are not liable for direct, indirect, or consequential damages.
  • We do not guarantee website performance, sales results, SEO ranking, or uptime.
  • Clients are responsible for legal compliance of their content.

14. Termination

We may terminate a project or subscription if:

  • A client breaches these terms
  • Payments are consistently overdue
  • Communication stops for an extended period

Upon termination:

  • Lump sum clients retain their completed site once fully paid
  • Subscription clients lose access to the website but keep their domain and assets

15. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be handled exclusively in Victoria courts.

16. Changes to These Terms

We may update these Terms at any time. The updated version will be posted on this page with a new "Last Updated" date.