Terms of Service

Last updated: November 16, 2025

1. Acceptance of Terms

By accessing or using topweb.com.au ("the Website") and our services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Website or services.

TopWeb reserves the right to modify these Terms at any time. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms.

2. Services

TopWeb provides web development, design, and related digital services ("Services"). Specific terms for individual projects are outlined in separate service agreements or statements of work.

Services include, but are not limited to:

  • Website design and development
  • Web application development
  • E-commerce solutions
  • Website maintenance and support
  • SEO and digital marketing services

3. Use of Website

3.1 Permitted Use

You may use our Website for lawful purposes only. You agree not to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorised access to our systems
  • Engage in any activity that disrupts or interferes with the Website
  • Use automated systems to scrape or collect data from the Website

3.2 User Content

If you submit content to us (e.g., through contact forms or project materials), you grant us a non-exclusive licence to use that content for the purpose of delivering our services.

4. Intellectual Property

4.1 Our Intellectual Property

All content on this Website, including text, graphics, logos, code, and design elements, is owned by TopWeb or our licensors and protected by Australian and international copyright laws.

4.2 Client Work

Upon full payment for completed work, clients receive ownership of the final deliverables as specified in the service agreement. TopWeb retains the right to showcase completed work in our portfolio unless otherwise agreed in writing.

5. Payment Terms

Payment terms for services are specified in individual project agreements. Generally:

  • Deposits are required to commence work
  • Payment schedules are outlined in project proposals
  • Final deliverables are released upon receipt of full payment
  • Late payments may incur interest charges
  • All prices are in Australian Dollars (AUD) and include GST where applicable

6. Project Timelines

We provide estimated timelines for projects, but actual delivery dates may vary based on:

  • Scope changes or additions
  • Delays in receiving required materials or feedback from clients
  • Technical complexities or unforeseen challenges

We will communicate any timeline changes promptly and work to minimise delays.

7. Warranties and Disclaimers

7.1 Service Warranty

We warrant that services will be performed in a professional and workmanlike manner. We will address any defects or errors in our work within a reasonable timeframe at no additional cost.

7.2 Website Disclaimer

Our Website and its content are provided "as is" without warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted, error-free, or free from viruses or other harmful components.

8. Limitation of Liability

To the maximum extent permitted by Australian law, TopWeb shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from:

  • Use of or inability to use our Website or services
  • Unauthorised access to your data
  • Third-party content or services

Our total liability for any claim shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. Indemnification

You agree to indemnify and hold TopWeb harmless from any claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Content you provide to us
  • Your violation of any law or third-party rights

10. Third-Party Services

Our services may integrate with or rely on third-party platforms, tools, or services. We are not responsible for the availability, functionality, or terms of these third-party services.

11. Termination

We reserve the right to suspend or terminate your access to our Website or services at any time for:

  • Violation of these Terms
  • Non-payment for services
  • Abusive or inappropriate behaviour

Clients may terminate service agreements as outlined in individual project contracts.

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Privacy

Your use of our Website and services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15. Contact Information

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

  • Email: [email protected]
  • Website: Contact Form