(Last Updated: 20 November 2025)
Delecto provides website design, development, digital marketing, and local hosting services for small to mid-sized businesses across Australia. These Terms govern your use of our services, ensuring a fair and professional experience for both parties.
By engaging our services, you confirm that you have read, understood, and agreed to be bound by these Terms of Service. If you do not agree, please refrain from using our services.
3.1 Website Design & Development
Data Migration & Backups: Delecto is not responsible for backing up, exporting, or preserving any data, content, contacts, or files from the client’s previous website, hosting provider, or third-party platforms. It is the client’s sole responsibility to export and retain copies of all existing data before migration begins. Delecto accepts no liability for data loss from platforms not under our control.
Third-Party Platform Migrations: Website design and development does not include migration of email marketing lists, newsletter contacts, CRM data, e-commerce customer data, or automation sequences from third-party platforms (including but not limited to Squarespace, Mailchimp, Klaviyo, GoDaddy, or similar services). These services may be quoted separately upon request.
Pre-Launch Review: Delecto will provide the client with a staging or preview link for review before launch. It is the client’s responsibility to thoroughly test all pages, links, forms, checkout flows, and functionality during this review period. Launch approval from the client confirms the website is acceptable. Issues identified after launch approval may incur additional charges to resolve.
Warranty Period: Delecto will correct any functional bugs or technical errors discovered within 7 days of launch at no additional charge, provided these issues were not caused by third-party services, client modifications, or items not identified during the pre-launch review period. After this period, or for new feature requests, scope changes, and additional functionality, standard hourly rates will apply.
3.2 Hosting Services
DNS Management: DNS configuration to point the client’s domain to Delecto’s hosting is included for clients hosted with us. Clients who choose to host externally are responsible for their own DNS configuration; Delecto can provide the necessary records but does not troubleshoot or manage DNS for external hosting providers.
Website File Handover: Clients who choose not to host with Delecto may request their website files for use with another hosting provider. File handover does not include setup, installation, or support for external hosting environments.
3.3 Business Email Setup, Configuration & Hosting
Delecto offers business email setup and configuration services as a separate service. Pricing will be quoted based on scope and complexity.
This service includes email system setup, DNS configuration, migration from existing email providers, user account creation, and initial configuration as required.
This is a one-time service fee and does not include the cost of email hosting.
Delecto also offers email hosting services, which are charged separately on a recurring basis. Alternatively, clients may purchase their own email hosting plan directly from a provider of their choice (such as Microsoft 365, Google Workspace, or other email hosting services).
The scope of email setup work and hosting arrangements will be outlined in an agreed-upon proposal or invoice before the project begins.
3.4 Email Marketing Services
Email marketing platform setup, configuration, and migration is not included in website design and development services.
Services including but not limited to email platform setup, contact list migration, automation configuration, template design, and DNS authentication (SPF/DKIM/DMARC) will be quoted separately based on scope and complexity.
Delecto does not provide ongoing email marketing management unless engaged under a separate marketing services agreement.
3.5 E-Commerce & Payment Gateway Setup
Payment gateway setup (Stripe, PayPal, Square, etc.) is a separate service quoted based on scope unless otherwise specified in the project proposal.
E-commerce functionality including product setup, digital download configuration, checkout customisation, and purchase automation testing is quoted based on scope. Basic WooCommerce or e-commerce plugin installation is included where specified; advanced configuration is not.
Reconnection or troubleshooting of payment gateways after launch is billable at our standard hourly rate.
Pricing varies based on the scope of work and selected services. A detailed quote will be provided before any project begins.
Payment for website design and development must be made as agreed before the project begins.
Hosting fees are billed in advance and must be paid on time to avoid service disruptions.
Payments made by credit card will include a payment processing fee as charged by our payment processor. This surcharge will be itemised in your invoice and applies only to card payments. This fee does not apply to payments made via bank deposit.
A reconnection fee applies for reactivating disconnected services. The fee will be advised at the time of reconnection request.
Failure to make timely payments may result in suspension or termination of services.
Clients must provide all necessary content, information, and approvals to complete the website.
If we do not receive a response from you within two months after three attempted contact reminders (sent via email at two-week intervals), we will assume you are no longer interested in proceeding. We will archive or delete all project data on our end. Should you wish to re-engage after this time, you will be required to obtain a new quote and the project will be treated as a new engagement.
Clients are responsible for maintaining domain ownership and renewals.
Post-launch changes may incur additional fees, unless covered under a separate maintenance agreement.
Any amendments or change requests outside the agreed scope of work will be billed separately.
Clients are responsible for reviewing all website functionality before providing launch approval. This includes testing all pages, links, forms, e-commerce checkout, payment processing, and any third-party integrations. Delecto is not liable for issues the client could have identified during the pre-launch review period.
Upon full payment, clients own the rights to their completed website design, content, and customised elements created specifically for their project.
Delecto retains ownership of all underlying frameworks, code libraries, templates, and proprietary tools used in the development process. These may be used across multiple client projects.
Third-party licenses, stock images, plugins, or software integrated into the website remain governed by their respective terms and are not transferred to the client.
Delecto reserves the right to showcase completed projects in our portfolio and marketing materials unless otherwise agreed in writing.
Due to the nature of digital services, all payments are non-refundable once work has commenced.
Hosting services can be canceled anytime, but no refunds will be issued for unused portions of the service.
If a website project is canceled before completion, the client may be charged for work completed up to that point.
Delecto is not responsible for indirect, incidental, or consequential damages arising from service use.
We do not guarantee specific results in website traffic, SEO rankings, or business performance.
Clients are responsible for any third-party service integrations on their website.
Delecto reserves the right to terminate services for clients who violate these Terms, engage in abusive behavior, or fail to make payments.
In case of termination, clients are responsible for transferring their website and hosting to another provider if needed.
We may update these Terms from time to time. Any changes will be posted on our website, and continued service use implies acceptance of the updated Terms.
Both Delecto and the client agree to keep confidential any proprietary or sensitive information shared during the course of the project. This includes but is not limited to business strategies, financial information, customer data, and technical specifications.
Confidential information will not be disclosed to third parties without prior written consent, except where required by law or where disclosure is necessary to complete the agreed services (e.g., sharing with subcontractors under similar confidentiality obligations).
This clause does not apply to information the client has approved for use in Delecto’s marketing materials, case studies, or portfolio.
This obligation survives the termination of the service agreement.
The client is solely responsible for ensuring they have the legal right to use all content provided to Delecto, including text, images, logos, videos, and any other materials.
The client agrees to indemnify and hold harmless Delecto, its directors, employees, and contractors from any claims, damages, or expenses (including legal fees) arising from the client’s provision of content that infringes on intellectual property rights, violates privacy laws, or breaches any applicable regulations.
If Delecto sources stock images or third-party assets on behalf of the client, the client is responsible for any associated licensing fees, which will be itemised separately.
For clients engaging Delecto for digital marketing services including but not limited to SEO, Google Ads, social media marketing, and email marketing, the following terms apply:
13.1 Advertising Spend
Any advertising spend (e.g., Google Ads, Meta Ads) is paid directly by the client to the advertising platform or reimbursed to Delecto as a separate line item. Advertising spend is not included in Delecto’s service fees.
13.2 Reporting
Delecto will provide regular performance reports as agreed in the service proposal. Reporting frequency and metrics will be outlined before the engagement begins.
13.3 Results Disclaimer
While Delecto employs industry best practices, we do not guarantee specific outcomes including but not limited to search engine rankings, traffic volumes, lead generation, or conversion rates. Digital marketing results are influenced by many factors outside our control including algorithm changes, market conditions, and competitor activity.
13.4 Minimum Engagement Period
Some digital marketing services may require a minimum engagement period to achieve meaningful results. This will be specified in the service proposal.
13.5 SEO Services
Basic on-page SEO setup (meta titles, descriptions, and XML sitemap configuration) is included in website design where specified. Image alt tag creation, URL redirect mapping (301 redirects), Google Search Console setup, and technical SEO audits are not included in standard website design services and are quoted separately under Digital Marketing Services.
The client agrees that Delecto may use the completed project and associated outcomes for marketing purposes, including but not limited to portfolio displays, case studies, social media content, and promotional materials.
This may include descriptions of the work performed, general results achieved (such as traffic increases, lead generation, or business outcomes), and visual representations of the completed work.
Delecto will not disclose specific confidential business information (such as exact revenue figures, customer lists, or proprietary strategies) without the client’s prior written consent.
Clients who prefer not to be featured in Delecto’s marketing materials may opt out by notifying us in writing before project commencement.
Project timelines are estimates based on the assumption that the client will provide all required content, feedback, and approvals in a timely manner.
If client delays occur, the project timeline will be extended accordingly. Delecto is not responsible for missed deadlines or delivery delays resulting from the client’s failure to provide timely input.
Delecto is not liable for any losses or damages the client may incur as a result of project delays caused by the client.
In the event of a dispute arising from these Terms or any services provided, both parties agree to first attempt resolution through good faith negotiation.
If the dispute cannot be resolved within fourteen (14) days, either party may refer the matter to mediation administered by a mutually agreed mediator in New South Wales. The costs of mediation will be shared equally.
If mediation is unsuccessful, either party may pursue legal remedies. These Terms are governed by the laws of New South Wales, Australia, and both parties submit to the exclusive jurisdiction of the courts of New South Wales.
Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond their reasonable control. This includes but is not limited to natural disasters, public health emergencies, government actions, internet or power outages, cyberattacks, labor disputes, or acts of terrorism.
The affected party must notify the other party as soon as reasonably practicable and make reasonable efforts to mitigate the impact. If the force majeure event continues for more than thirty (30) days, either party may terminate the affected services without penalty.
18.1 Data Handling
Delecto handles client data in accordance with the Australian Privacy Principles under the Privacy Act 1988. We collect and use client information only as necessary to deliver our services.
18.2 Backups
For hosted websites, Delecto performs automated daily backups retained for 30 days. Backups are provided as a courtesy and disaster recovery measure. Clients are encouraged to maintain their own independent backups of critical data.
18.3 Backup Ownership
Website backups created by Delecto remain our property and are used solely for restoration purposes. Upon request and full payment of any outstanding fees, clients may request a complete copy of their website files and database.
18.4 Security Incidents
In the event of a data breach or security incident affecting client data, Delecto will notify affected clients within 72 hours of becoming aware of the incident and will take reasonable steps to mitigate any harm.
18.5 Data Retention
Upon termination of hosting services, client data will be retained for 30 days to allow for migration. After this period, all data will be permanently deleted unless alternative arrangements have been made in writing.
19.1 Uptime Target
Delecto aims to maintain 99% uptime for hosted websites, calculated on a monthly basis. This target excludes scheduled maintenance, force majeure events, and issues caused by third-party services or client modifications.
19.2 Scheduled Maintenance
Delecto may perform scheduled maintenance during low-traffic periods (typically between 10:00 PM and 6:00 AM AEST). Where possible, clients will be notified at least 48 hours in advance of any planned maintenance that may cause downtime.
19.3 Unscheduled Outages
While Delecto makes every reasonable effort to maintain service availability, we do not guarantee uninterrupted service. We are not liable for losses resulting from service interruptions, whether scheduled or unscheduled.
19.4 Third-Party Dependencies
Website availability may be affected by third-party services including but not limited to domain registrars, DNS providers, CDN services, payment gateways, and email services. Delecto is not responsible for outages caused by third-party service providers.
20.1 Client Assignment
Clients may not transfer or assign their rights or obligations under these Terms to any third party without Delecto’s prior written consent. In the event of a business sale or transfer, hosting services and maintenance agreements may be transferred to the new owner subject to Delecto’s approval and the new owner’s acceptance of these Terms.
20.2 Delecto Assignment
Delecto reserves the right to assign, subcontract, or delegate any of its rights or obligations under these Terms to qualified contractors or service providers. Delecto remains responsible for the proper performance of all services regardless of delegation.
For any questions or concerns regarding these Terms of Service, please contact us via the Contact Us page on our website.
By using Delecto, you agree to these Terms of Service. Thank you for trusting us to help bring your business online!
