Terms and Conditions

Last updated: 28 July 2026

1. About these Terms

These Terms and Conditions (Terms) set out the basis on which Krishna Ale (I, me, my) supplies web development, SEO and related digital services to you (you, the Client). They apply to every quote, proposal and engagement unless something different has been agreed in writing.

By accepting a quote or proposal, paying a deposit or invoice, or asking me to start work, you agree to these Terms. Any terms you try to impose (for example on a purchase order or your own supplier agreement) do not apply unless I have accepted them in writing.

My details: Krishna Ale, trading as Krishna Ale – Web Developer Sydney, ABN 81 699 679 096. Based in Sydney, New South Wales, servicing clients across Australia. Email: [email protected]. Phone: 0410 810 380.

2. Definitions

Business Day means a day other than a Saturday, Sunday or public holiday in New South Wales.
Deliverables means the websites, landing pages, designs, code, graphics, content and other material I produce for you under a Proposal.
Deposit means the upfront payment (usually 50% of the project Fee) required before work begins.
Fees means the amounts payable for the Services as set out in the Proposal or an invoice.
Force Majeure Event means an event outside a party’s reasonable control, including natural disaster, fire, flood, storm, pandemic, war, civil unrest, industrial action, serious illness, failure of a utility, telecommunications or internet service, government action, and failure or outage of a third party platform or hosting provider.
Go Live means the date the website or landing page is published to your live domain, or the date the Deliverables are handed over to you, whichever happens first.
Intellectual Property Rights means all copyright, trade marks, designs, patents, domain name rights, rights in confidential information and know-how, moral rights and all other intellectual property rights, whether registered or unregistered, anywhere in the world.
Materials means any text, images, logos, video, data, credentials or other content you supply to me, or ask me to use, for the Services.
Proposal means the written quote, proposal or scope document I provide describing the Services, Fees and timeframe.
Services means the services described in section 4 and set out in the relevant Proposal.
Third Party Services means products or services supplied by others that the Services rely on, such as hosting providers, domain registrars, WordPress, Shopify, themes, plugins, email providers, payment gateways, Google and Meta.

Singular includes plural and vice versa. Headings are for convenience only. A reference to a law includes any amended or replacement law.

3. Quotes and how our agreement is formed

A Proposal is an invitation to proceed, not a binding offer, and is valid for 30 days from its date unless stated otherwise.
Our agreement is formed when you accept the Proposal in writing (email is fine), pay the Deposit or an invoice, or ask me to begin work — whichever happens first.
The Proposal sets the scope. Anything not expressly listed in the Proposal is out of scope and will be quoted separately.
You are responsible for making sure the scope you approve is complete and accurate for your needs.

4. The Services

Depending on your Proposal, the Services may include: landing page development; custom website design and development; ecommerce and Shopify development; website redesign; search engine optimisation (SEO); Google Ads setup and management; social media setup and content; graphic design; business email setup; web hosting arrangements; domain registration assistance; speed and performance optimisation; CMS training; and ongoing website maintenance and support.
Some Services are one-off projects. Others (such as SEO, maintenance, hosting and ads management) are ongoing and are billed on a recurring basis as set out in your Proposal.
I may change how a Service is delivered where reasonably necessary to comply with the law or with a Third Party Service’s requirements, provided the change does not materially reduce what you receive.

5. What I will do

I will perform the Services with reasonable care and skill and in a professional manner, substantially in accordance with the Proposal.
I will keep you reasonably informed of progress and respond to your enquiries within a reasonable time during normal business hours.
For website projects I will normally provide a staging link so you can review the site before Go Live, submit the site for indexing by search engines, and set up Google Analytics and Google Tag Manager where included in your Proposal.
I may use subcontractors or other specialists to help deliver the Services. If I do, I remain responsible to you for that work.

6. What you need to do

Provide the Materials, information, approvals and access I reasonably need, in a usable format and within the timeframes we agree.
Provide reasonable access to your website, hosting account, domain registrar, CMS, analytics and any relevant third party (such as your previous developer) so I can carry out the Services.
Nominate one main contact who is authorised to give approvals and feedback on your behalf.
Review and respond to drafts, designs, copy, keyword lists and ad content promptly, and in any case within 7 Business Days of my request.
Make sure everything you supply is accurate, lawful and that you have the right to use it.
Tell me promptly about any change to your domain, hosting, website, technical setup or business details that could affect the Services.
Where I recommend changes (for example SEO or performance recommendations) that you or another party will implement, implement them accurately — results depend on it.
Keep your own copies of any content, images and data you supply to me.
If you are more than 30 days late in providing what is needed, I may pause the project, invoice you for the work completed to that point, and charge a reasonable restart fee to reschedule the remaining work.

7. Fees, quotes and GST

All Fees are in Australian dollars.
GST: I am not currently registered for GST. No GST is charged on my Services and my invoices do not include a GST component. The amount quoted is the total amount payable for my Services. Because no GST is charged, you cannot claim an input tax credit on my invoices.
If I become registered for GST in the future, I will tell you in writing beforehand, and GST will be added to Fees for Services supplied on or after the date registration takes effect.
Costs charged by third parties — for example domain registration, hosting, premium themes and plugins, stock images, fonts, email licences, payment gateway fees, and advertising spend paid to Google or Meta — are not included in my Fees unless expressly stated, and may include GST charged by those suppliers. Any GST on those third party charges is a matter between you and that supplier.
Where a Proposal is based on an estimate of hours, it is an estimate only. If the requirements change, or the information provided at quoting stage turns out to be incomplete or inaccurate, I may revise the estimate. I will tell you before doing additional chargeable work.

8. Payment

Deposit: Unless agreed otherwise, a 50% Deposit is payable before work begins. The Deposit confirms your booking and covers initial planning and design work.
Balance: The balance of a project Fee is payable before Go Live or handover, unless a milestone schedule is set out in your Proposal.
Ongoing services: Recurring Services such as SEO, maintenance, hosting and ads management are invoiced monthly in advance.
Terms: Invoices are payable within 7 days of the invoice date, in cleared funds, unless a different period is stated on the invoice. Payment is accepted by bank transfer. Please quote the invoice number.
You must pay in full without set-off, deduction or withholding, except as required by law.
Late payment: If an invoice is overdue I may charge interest on the outstanding amount at 2% per annum above the Reserve Bank of Australia cash rate, calculated daily from the due date until payment. I may also charge a reasonable administrative fee for each payment reminder issued after an invoice becomes overdue. These amounts are intended to cover my costs, not to penalise you.
Advertising spend for Google Ads, Meta or similar platforms is separate from my management fee. Wherever possible you should hold and pay the ad account directly. If I pay ad spend on your behalf, you must reimburse me on demand.
If you ask me to compress the agreed timeframe or prioritise your work ahead of scheduled work, I may charge a reasonable expedite fee, which I will quote to you first.

9. Changes to scope and additional work

Your Proposal includes a stated number of revision rounds. Reasonable minor tweaks within scope are included.
Work outside the agreed scope — including new pages, redesigns, content rewrites, added functionality, extra integrations, additional keywords, or edits requested after Go Live — is chargeable at my then-current hourly rate or by separate quote.
I will let you know before carrying out chargeable additional work, and will proceed only once you approve it in writing.

10. Timeframes and delays

Any dates in a Proposal are good faith estimates, not fixed deadlines, unless we have expressly agreed a fixed date in writing.
I am not responsible for delays caused by a Force Majeure Event, by a Third Party Service, or by late or incomplete information, approvals or access from you.
If you believe the Services are delayed or not as described, please tell me as soon as you become aware so I have a fair opportunity to fix it. I will remedy or redeliver the affected work within a reasonable time at no extra charge where the issue is my responsibility.

11. Third party services and platforms

The Services often depend on Third Party Services. Those are supplied on the third party’s own terms, and you may need to enter into an agreement directly with them.
I am not responsible for the acts, omissions, pricing changes, outages, policy changes or discontinuation of Third Party Services, but I will take reasonable care in selecting them and will assist you in dealing with them where I reasonably can.
Some Third Party Services require licences (for example premium plugins, themes, fonts or stock imagery). Unless stated in your Proposal, those licence fees are your responsibility and are usually renewable annually.

12. SEO, Google Ads and social media — no guaranteed results

Search engines and advertising platforms independently control their algorithms, ranking factors, indexing, ad approval, auction pricing and policies, and change them without notice.
I cannot and do not guarantee any particular ranking, position, impression volume, click volume, conversion rate, cost per lead, revenue outcome or return on investment.
I follow the published guidelines of the relevant platforms. I do not use techniques that breach those guidelines. I am not responsible for penalties, de-indexing or account suspensions arising from work carried out by you or another provider, or from changes to platform policy.
I am not responsible for invalid, fraudulent or competitor clicks on your advertising accounts. Credits for invalid activity are determined by the advertising platform.
Results generally improve with fresh, unique, regularly updated content. Where content updates are your responsibility, a lack of them will reduce the effectiveness of SEO work.
If you do not implement my recommendations, I am not responsible for the resulting lack of performance.

13. Domains, hosting and business email

Wherever possible, domain names are registered in your name so that you own and control them. If I register or renew a domain on your behalf, you remain the beneficial owner.
Domains, hosting, SSL certificates and email plans renew periodically. It is your responsibility to keep those renewals paid unless I manage them for you under a written arrangement. Services may be suspended or a domain may lapse if a renewal is not paid.
Hosting is provided subject to the hosting provider’s terms, including fair use and resource limits. I do not guarantee uninterrupted availability.

14. Website security, updates and backups

I will use reasonable care and skill in building your website and applying sensible security practices at the time of build.
From Go Live or handover, responsibility for the ongoing security, maintenance, updating, monitoring and backup of the website passes to you, unless you have engaged me under a separate maintenance or support arrangement.
Websites need ongoing core, theme and plugin updates, security patches, server maintenance, backups and monitoring. Where I am not engaged to provide those, you accept responsibility for arranging them.
No website can be made completely immune to attack. Except to the extent caused by my negligence or breach of these Terms, I am not responsible for hacking, malware, defacement, unauthorised access, data breaches, downtime or data loss occurring on a website or hosting environment I do not maintain.
Where a site is compromised and I am asked to investigate or restore it outside a maintenance plan, that work is chargeable.

15. Intellectual property

You retain ownership of your Materials. You grant me a licence to use them for the purpose of providing the Services for as long as our agreement continues.
You warrant that you own or are licensed to use the Materials, and that they do not infringe anyone’s rights or breach any law. You indemnify me against loss, damage, costs (including reasonable legal costs) and claims arising from the Materials you supply or approve, or from your use of the Deliverables in a way not contemplated by our agreement.
On payment of all Fees in full, ownership of the custom design work and custom content created specifically for you as part of the Deliverables passes to you.
Until all Fees are paid in full, you have a limited, revocable licence to use the Deliverables and no ownership passes.
Third party components remain owned by their licensors and are supplied to you under their own licences. This includes WordPress, themes, page builders, plugins, apps, fonts, stock images and libraries.
I retain ownership of my pre-existing materials, tools, frameworks, reusable code, templates, methods and know-how, including anything developed generally in the course of my business. Nothing stops me from using my general skills, experience and reusable components on other projects.
Accounts and campaign assets held on third party platforms (for example Google Ads or Meta) are governed by those platforms’ terms and your account ownership there.

16. Portfolio, credit and reviews

Unless you tell me otherwise in writing, I may include your business name, logo, screenshots and a description of the work in my portfolio, website, case studies and marketing.
I may include a discreet credit and link in the website footer. If you would prefer it removed, just ask and I will remove it at no cost.
I may invite you to leave a review. Reviews are entirely voluntary and are your honest opinion.

17. Confidentiality

Each of us will keep the other’s confidential information confidential and use it only for the purposes of our agreement. This includes business information, pricing, strategies, credentials and technical information.
This does not apply to information that is or becomes public other than through a breach, was already lawfully known, is independently developed, or must be disclosed by law.
I may disclose your confidential information to subcontractors who need it to deliver the Services, on equivalent confidentiality obligations.
This section survives the end of our agreement.

18. Privacy and credentials

Each of us will comply with our respective obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles. My handling of personal information is described in my Privacy Policy.
You are responsible for ensuring that any personal information you ask me to handle, upload or migrate has been collected lawfully and may be used for that purpose, and you indemnify me for loss arising from a breach of this.
Please share passwords and access credentials through a secure method. Change any shared credentials once an engagement ends.
You are responsible for ensuring your website complies with laws applicable to your business, including privacy, spam, accessibility and consumer law requirements, and for the accuracy of the content published on it.

19. Your rights under the Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. My Services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill and be fit for any purpose made known to me.

Where I am permitted to limit my liability for a failure to comply with a consumer guarantee, my liability is limited (at my option) to resupplying the Services or paying the cost of having them resupplied.

20. Limitation of liability

Subject to section 19, and to the maximum extent permitted by law, I am not liable for indirect or consequential loss, loss of profits, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or loss or corruption of data.
Subject to section 19, and to the maximum extent permitted by law, my total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), statute or otherwise, is limited to the total Fees you have paid me for the Services giving rise to the claim in the 12 months before the claim arose.
My liability is reduced to the extent the loss was caused or contributed to by you, your personnel, another provider, or a Third Party Service.
Any claim must be notified to me in writing within 12 months of the date you became aware, or reasonably should have become aware, of the circumstances giving rise to it.

21. Overdue accounts, suspension and termination for non-payment

If an invoice remains unpaid after its due date, I may, after giving you written notice and a reasonable opportunity to pay, suspend the Services, pause work, and withhold handover of Deliverables, access or files until the account is settled.
Before suspending a live website or advertising campaign, I will give you at least 14 days’ written notice and a final notice.
Suspension does not relieve you of the obligation to pay amounts owing, and Fees for recurring Services continue to accrue during a suspension unless I agree otherwise.
Once the account is paid in full, I will restore the Services within 5 Business Days. A reasonable reconnection fee may apply, which I will notify to you.
Where a domain is registered in your name, I will not prevent you from transferring it away, although I may withhold work product for which I have not been paid.
I will not delete your data without giving you at least 30 days’ written notice and an opportunity to pay outstanding amounts or arrange transfer.
Termination for non-payment: Non-payment is a material breach of our agreement. If an invoice remains unpaid 30 days after its due date, and I have given you written notice and a reasonable opportunity to pay, I may terminate our agreement and any ongoing Services immediately by further written notice. This right is in addition to, and does not limit, my other rights under these Terms, including suspension under this section.
Terminating for non-payment does not affect my right to recover all Fees already due, plus the value of any work completed but not yet invoiced, interest under section 8, and reasonable costs of recovery (including debt collection and legal costs).
If our agreement ends while Fees remain unpaid, no ownership of the Deliverables passes to you and the limited licence in section 15.4 ends. I am not obliged to hand over files, source code, designs or access for work that has not been paid for.

22. Term, termination, cancellation and refunds

Projects run until the Deliverables are completed and handed over.
Ongoing Services continue month to month until either of us gives at least 30 days’ written notice ending at the close of a billing month. Fees already paid for the current month are not refundable.
Either of us may end the agreement immediately by written notice if the other commits a serious breach and does not fix it within 14 days of being asked to, or becomes insolvent or unable to pay its debts. Failure to pay an invoice by its due date is a serious breach for the purposes of this clause, and termination for non-payment is dealt with in section 21.
If you cancel a project before work has started, I will refund your Deposit less any costs already incurred (for example third party licences or domain purchases).
If you cancel after work has started, the Deposit is not refundable, and you must pay for all work performed and costs incurred up to the cancellation date.
Nothing in this section limits your rights under section 19.
On termination, each of us will return or delete the other’s confidential material on request, and you will remove any tracking codes or scripts of mine from your site if asked. Once all Fees are paid, I will provide the final files and access reasonably needed for you to continue.

23. Force majeure

Neither of us is liable for failing to perform obligations (other than an obligation to pay money) because of a Force Majeure Event. The affected party will tell the other as soon as practicable. If the event continues for more than 60 days, either of us may end the agreement by written notice without liability, other than for amounts already payable.

24. Non-solicitation

During the engagement and for 12 months afterwards, you agree not to directly engage or employ any subcontractor or team member I have introduced to you for the purpose of your project, without my prior written consent.

25. General

Entire agreement: The Proposal together with these Terms is the whole agreement between us and replaces any earlier discussions or representations.
Variation: Changes must be agreed in writing.
Assignment: You may not assign or transfer your rights or obligations without my written consent. I may subcontract, and may assign the agreement if my business is restructured or transferred, on notice to you.
Waiver: Not enforcing a right straight away does not waive it.
Severability: If a provision is found to be invalid or unenforceable, it is severed and the rest of the Terms continue.
Independent contractor: I am an independent contractor. Nothing in these Terms creates a partnership, joint venture or employment relationship.
Notices: Notices may be sent by email to [email protected] or to the email address you have given me, and are taken to be received on the next Business Day after sending.
Non-exclusive: I may provide services to other clients, including in your industry, subject to my confidentiality obligations.

26. Changes to these Terms

I may update these Terms from time to time. The version that applies to your engagement is the version published on this page when your Proposal was accepted. For ongoing Services, I will give you reasonable notice of any material change, and your continued use of the Services after that notice means you accept the updated Terms.

27. Disputes, governing law and jurisdiction

If a dispute arises, please contact me first so we can try to resolve it directly and in good faith. Most issues are sorted out with a phone call.
These Terms are governed by the laws of New South Wales, Australia. We each submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them.
Nothing in this section prevents either of us from seeking urgent relief from a court.

28. Contact

Krishna Ale – Web Developer Sydney
ABN 81 699 679 096
Email: [email protected]
Phone: 0410 810 380
Servicing clients across Australia.