We’ve kept these terms and conditions clear and straightforward to avoid legal jargon and make sure we’re all on the same page.
“You” refers to you, the client.
“We” or “us” refers to Smashing Self-Employment.
“The project” refers to the process of building your website.
Part 1: Project Details
1.1 When you agree to let us build a website for you, we will use the WordPress Content Management System (unless otherwise agreed in writing).
1.2 The website’s features, functionality, and pages will be clearly agreed in writing before we begin work.
Design
1.3 You’ll be asked to share examples of websites you like. Unless you provide a detailed design specification, you’re agreeing to let us come up with a design based on your brand and colour scheme.
1.4 We’ll include the cost of the initial design in your quoted project fee. Any additional design changes requested after that will be charged separately.
1.5 Once you approve a design, that’s what we’ll build. Any design changes requested after development begins may incur additional costs.
1.6 Your website will be built in a non-public development area where you can view progress. We’ll keep you updated when key milestones are reached.
Content
1.7 You agree to provide all website content (text and images) when requested. We’ll offer advice on writing, and may lightly edit for SEO purposes (with your approval). If you need us to write the content, this can be arranged for an additional fee.
1.8 We aim to complete your website within 2 calendar months. Prompt responses and content delivery are required. If, after 2 reminders, you’ve not provided content, we may write it for you and invoice you at FJD $120 per page.
1.9 If you supply images, we’ll assume you have the legal right to use them. We accept no liability for any copyright infringement relating to client-supplied materials.
Project Completion
1.10 If we’re still waiting on content or feedback more than 3 months after the start date, we reserve the right to pause the project. A FJD $400 reactivation fee will apply to restart work.
Part 2: Payment Terms
2.1 The project is split into two payments:
- 50% upfront (before any work begins)
- 50% six weeks later, whether the project is complete or not, unless otherwise agreed in writing.
Or you can pay for the whole project up front.
2.2 Payments must be made by bank transfer or an agreed payment method. No statements will be issued unless requested.
2.3 If a payment is missed or delayed, we reserve the right to:
- Charge interest and fees as permitted by Fijian law
- Suspend work or temporarily take your site offline
- Seek payment of the full outstanding balance
- Involve debt collection services, which may add their own fees
Part 3: Intellectual Property
3.1 Once the final invoice is paid, the website design, written content, and any bespoke graphics we create for you become your property, with the exception of:
- Any third-party software or tools used
- Any stock imagery, fonts, or licensed materials not developed by us
3.2 We reserve the right to showcase your website in our portfolio unless you request otherwise in writing.
Part 4: Browser and Device Compatibility
We build websites to be responsive and compatible with the latest versions of major browsers (Chrome, Safari, Firefox, Edge). We don’t guarantee compatibility with outdated or unsupported browsers/devices unless agreed beforehand.
Part 5: Third-Party Tools and Plugins
Your website may use third-party tools or plugins. While we install these responsibly, we can’t be held liable for future issues, software conflicts, updates, or discontinued services outside of our control.
Part 6: Maintenance and Support
Ongoing updates, security patches, and maintenance are not included in this agreement unless otherwise stated. We’re happy to offer a separate maintenance plan if required.
Part 7: Limitation of Liability
We take great care with our work, but we’re not liable for any loss of revenue, business, or data arising from the use or performance of your website. You are responsible for regular backups unless we provide that as part of a support or hosting agreement.
Part 8: Confidentiality
Any confidential information shared during the project will be kept strictly private by both parties and not shared with third parties without written permission.
Part 9: Termination
Either party can terminate this agreement with 14 days’ written notice. If the agreement is terminated, we’ll invoice for any work done to date. The upfront deposit is non-refundable.
Part 10: Legal Jurisdiction
These terms are governed by the laws of Fiji. Any disputes will be handled under Fijian legal jurisdiction.
Part 11: Force Majeure
If events beyond our control prevent us from fulfilling this contract (such as natural disasters, internet outages, or civil unrest), we’ll do our best to keep you informed and minimise disruption. Neither party will be held liable under such circumstances.
Part 12: Changes to These Terms
These Terms & Conditions may be updated from time to time. The version in force at the time of your project will apply. You agree to be bound by them once work begins.
Updated: March 2025