Terms of Service - HC Web Studios

Effective Date: July 20, 2025

These Terms of Service ("Terms") govern your access to and use of the website development, e-commerce development, website repair, and related services (collectively, the "Services") provided by Harrison Cross Website Studios ("we," "us," or "our"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.

1. Services Offered

Harrison Cross Website Studios provides the following Services:

Static Website Development: Design and development of informational websites without dynamic content or database functionality.
E-commerce Website Development: Design and development of online stores with product listings, shopping carts, payment gateways, and order management systems.
Website Repair & Maintenance: Diagnosis and resolution of issues on existing websites, including bug fixes, security updates, performance optimization, and general maintenance.
Other Related Services: Any other services agreed upon in writing between Harrison Cross Website Studios and the client.

The specific details, scope, deliverables, and timelines for each project will be outlined in a separate proposal, quotation, or service agreement ("Project Agreement"), which, once accepted by you, will form an integral part of these Terms.

2. Client Responsibilities

As a client engaging Harrison Cross Website Studios for Services, you agree to:

Provide Timely Information & Content: Furnish all necessary content (text, images, videos, logos, product data, etc.), access credentials (e.g., hosting, domain, existing website logins), and information required for the project in a timely manner. Delays in providing content or information may result in project delays and, in some cases, additional costs.
Review & Approval: Promptly review and provide feedback, revisions, and approvals at various stages of the project as reasonably requested by Harrison Cross Website Studios.
Accuracy of Information: Ensure that all information and content provided to Harrison Cross Website Studios is accurate, complete, and does not infringe upon the intellectual property or other rights of any third party.
Legal Compliance: Ensure that your website content and business practices comply with all applicable laws and regulations, including but not limited to consumer protection laws, privacy laws Australian Privacy Principles, and industry-specific regulations.
Backup Data: For website repair and maintenance services, it is your sole responsibility to back up all data, files, and databases of your website before Harrison Cross Website Studios commences any work. Harrison Cross Website Studios will not be liable for any data loss during the repair or maintenance process.

3. Payment Terms

Quotation and Acceptance: All Services require an accepted Project Agreement outlining the scope of work and agreed-upon fees.
Deposit: A non-refundable deposit of 35% of the total project cost is required before work commences on any new project.
Payment Schedule: Payments will be structured according to the milestones outlined in the Project Agreement. Remaining balance due upon project completion and before website launch.
Invoicing: Invoices will be issued at each milestone or upon completion.
Payment Due Date: All invoices are due for payment within 5 days of the invoice date.
Late Payments: Harrison Cross Website Studios reserves the right to charge a late payment fee of 3% per month on overdue balances. Harrison Cross Website Studios may also pause or suspend work on any project, or withhold delivery of completed work, until overdue payments are settled.
Cancellation: If a project is cancelled by the client after work has commenced, the client will be invoiced for all work completed up to the point of cancellation, at Harrison Cross Website Studios's standard hourly rate, or a pro-rata amount of the agreed project fee, whichever is greater, in addition to the non-refundable deposit.

4. Revisions and Scope Changes

Included Revisions: The Project Agreement will specify the number of rounds of revisions included in the project fee. Typically, two rounds of revisions are included per design phase.
Out-of-Scope Work: Any work requested by the client that falls outside the defined scope of the Project Agreement will be considered an "out-of-scope" change.
Change Requests: All out-of-scope change requests must be submitted in writing. Harrison Cross Website Studios will provide a separate quote or estimate for the additional work, and work will only proceed once the client approves the additional costs and revised timelines.

5. Intellectual Property

Client Content: You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use all content (text, images, audio, video, etc.) you provide to Harrison Cross Website Studios for use in your website. You grant Harrison Cross Website Studios a non-exclusive, royalty-free license to use, reproduce, modify, and publish such content solely for the purpose of providing the Services.
Harrison Cross Website Studios Deliverables: Upon full and final payment for the Services, Harrison Cross Website Studios will transfer to you the intellectual property rights for the unique design and code elements specifically created for your project.
Third-Party Components: This transfer of intellectual property does not include any third-party software, plugins, themes, stock photography, or open-source components used in the development of your website, which remain subject to their respective licenses. You acknowledge that you may be required to purchase separate licenses for such components.
Harrison Cross Website Studios Portfolio: Unless otherwise agreed in writing, Harrison Cross Website Studios retains the right to display the completed project in its portfolio and marketing materials.

6. Warranty and Support

Website Development Warranty: For newly developed websites, Harrison Cross Website Studios provides a 30-day warranty period commencing from the launch date, during which we will rectify any bugs or errors identified that directly result from Harrison Cross Website Studios's development work. This warranty does not cover issues arising from client modifications, third-party software updates, hosting issues, or external attacks.
Website Repair Warranty: For website repair services, Harrison Cross Website Studios warrants that the specific issue addressed will remain resolved for a period of 7 days from the date of repair completion, provided no further client modifications or external factors interfere.
Ongoing Support: Ongoing technical support, maintenance, and updates beyond the specified warranty period will be provided under a separate support agreement or on an hourly basis, as agreed upon by both parties.

7. Limitation of Liability

To the maximum extent permitted by law, Harrison Cross Website Studios shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall Harrison Cross Website Studios's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to Harrison Cross Website Studios for the specific Services giving rise to the liability.

Harrison Cross Website Studios is not responsible for any issues arising from:

Client's hosting environment or domain registrar.
Changes made to the website by the client or other third parties after Harrison Cross Website Studios's work is completed.
Third-party software, plugins, or services.
Security breaches due to weak client passwords or lack of proper security practices on the client's part.
Browser compatibility issues for very old or unsupported browser versions.

8. Indemnification

You agree to defend, indemnify, and hold harmless Harrison Cross Website Studios and its employees, agents, and contractors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defence and indemnification obligation will survive these Terms.

9. Confidentiality

Both Harrison Cross Website Studios and the client agree to keep confidential all non-public information received from the other party during the course of providing or receiving the Services, except for information that is publicly available, independently developed, or required to be disclosed by law.

10. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Queensland, Australia, without regard to its conflict of law provisions.
Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good faith negotiation between the parties.
If a resolution cannot be reached through negotiation within 30 days, the parties agree to consider mediation in Brisbane, Queensland, before pursuing any further legal action.

11. Termination

Harrison Cross Website Studios may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination for any reason, your right to use the Services will immediately cease.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

13. Miscellaneous

Entire Agreement: These Terms, together with any applicable Project Agreement, constitute the entire agreement between you and Harrison Cross Website Studios regarding our Services.
Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Harrison Cross Website Studios's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Harrison Cross Website Studios may assign its rights and obligations under these Terms without restriction.

14. Contact Us

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

hcwebstudios@gmail.com