Terms of Service

Last updated: 1 April 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and PROJECT 43 WEB & APPLICATION SOLUTIONS (ABN 79 969 855 446) ("Project 43", "we", "us", or "our") regarding your use of our website and web and application development services.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Services

Project 43 provides web design, web development, and application development services. The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate proposal or agreement provided to you.

3. Quotations and Proposals

All quotations and proposals are valid for 30 days from the date of issue unless otherwise stated. Prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise specified. We reserve the right to amend quotations if project requirements change.

4. Payment Terms

  • Deposit: A deposit (typically 50%) is required before work commences
  • Final Payment: The remaining balance is due upon project completion, prior to launch or handover
  • Payment Methods: We accept bank transfer and other methods as agreed
  • Late Payments: Overdue invoices may incur interest at 2% per month. We reserve the right to suspend services until payment is received

5. Project Timeline and Delivery

We will make reasonable efforts to meet agreed timelines. However, project timelines may be affected by:

  • Delays in receiving content, feedback, or approvals from you
  • Changes to project scope or requirements
  • Third-party dependencies beyond our control

We will communicate any anticipated delays promptly.

6. Client Responsibilities

You agree to:

  • Provide accurate and complete information, content, and materials in a timely manner
  • Provide feedback and approvals within agreed timeframes
  • Ensure you have the necessary rights to any content provided to us
  • Make payments according to the agreed schedule
  • Designate a single point of contact for project communications

7. Intellectual Property

7.1 Ownership

Upon full payment, you will own the final deliverables created specifically for your project. This does not include:

  • Third-party software, libraries, or assets (which are subject to their own licences)
  • Our pre-existing tools, code, or frameworks
  • General knowledge and techniques developed during the project

7.2 Portfolio Rights

We reserve the right to display completed work in our portfolio and marketing materials unless otherwise agreed in writing.

8. Revisions and Changes

The number of revisions included will be specified in your proposal. Additional revisions or changes outside the original scope may incur additional charges. Scope changes must be agreed in writing before implementation.

9. Third-Party Services

Your project may require third-party services such as hosting, domain registration, or software subscriptions. These services are subject to their own terms and conditions. Unless otherwise agreed, you are responsible for:

  • Paying for ongoing third-party service costs
  • Maintaining accounts and credentials
  • Complying with third-party terms of service

10. Warranties and Disclaimers

10.1 Our Warranties

We warrant that:

  • Our services will be performed with reasonable care and skill
  • Deliverables will substantially conform to agreed specifications

10.2 Disclaimers

To the extent permitted by law, we do not warrant that:

  • Our services will be uninterrupted or error-free
  • Deliverables will achieve specific business results
  • Third-party services will perform as expected

11. Limitation of Liability

To the maximum extent permitted by the Australian Consumer Law and other applicable laws:

  • Our total liability for any claim is limited to the amount you paid us for the relevant services
  • We are not liable for indirect, consequential, or incidental damages, including lost profits or data

Nothing in these Terms excludes or limits consumer guarantees under the Australian Consumer Law that cannot be excluded.

12. Termination

12.1 By Either Party

Either party may terminate the agreement with 14 days written notice if the other party materially breaches these Terms and fails to remedy the breach within that period.

12.2 By Client

You may terminate the project at any time. In this case, you will be responsible for payment of all work completed up to the termination date, including any non-refundable deposits or third-party costs incurred.

12.3 Effect of Termination

Upon termination, you will receive all completed work for which payment has been made.

13. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information shared during the project. This obligation does not apply to information that is publicly available or required to be disclosed by law.

14. Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter through good faith negotiation. If unresolved, the dispute may be referred to mediation before pursuing legal action. These Terms are governed by the laws of Queensland, Australia.

15. General Provisions

  • Entire Agreement: These Terms, along with any proposal or agreement, constitute the entire agreement between the parties
  • Amendments: We may update these Terms from time to time. Changes will be posted on this page
  • Severability: If any provision is found to be unenforceable, the remaining provisions will continue in effect
  • Assignment: You may not assign your rights under these Terms without our written consent

16. Contact Us

If you have any questions about these Terms, please contact us:

  • Business: PROJECT 43 WEB & APPLICATION SOLUTIONS
  • ABN: 79 969 855 446
  • Email: nguyenvtt.dev@gmail.com
  • Location: Brisbane, Queensland, Australia