Terms and Conditions
Welcome to SoftDesks. These Terms and Conditions ("Terms") govern the relationship between SoftDesks ("we," "us," or "our") and the client ("you," "your") regarding the engineering, development, and automation services provided from our Padbury office. By engaging in a Roadmap Session or signing a Service Agreement, you agree to be bound by these Terms.
1. Scope of Engineering Services
SoftDesks provides high-performance digital engineering, including but not limited to:
- Custom WordPress Engineering: Bespoke theme development and Core Web Vital optimization.
- Shopify E-commerce Engineering: Custom Liquid-code development and store architecture.
- Smart Automation: GoHighLevel (GHL) workflow architecture and CRM integration.
All services are performed as "work-for-hire" based on the specific technical requirements outlined in your Strategic Roadmap. Any modifications to the scope after the project commencement may result in additional engineering fees.
2. Client Responsibilities
To maintain our deployment timelines, you agree to:
- Provide all necessary branding assets, high-resolution imagery, and copy within the agreed-upon timeframe.
- Grant administrative access to existing hosting, domain registers, and third-party platforms (GHL, Shopify, etc.).
- Review and provide feedback on technical milestones within three (3) business days to avoid "project drift."
3. Payment Terms & Commercial Commitment
Roadmap Sessions
Fees for Strategic Roadmap Sessions are non-refundable as they represent immediate high-value consulting and architectural planning.
Project Deposits
A commencement fee (typically 50%) is required before any engineering work begins.
Milestone Payments
Final delivery is subject to the settlement of all outstanding invoices.
Late Payments: Invoices overdue by more than 14 days may result in a temporary suspension of technical support and hosting services.
4. Intellectual Property & Code Ownership
Client Ownership
Upon final payment, you own the front-end visual design and the content of the website or automation funnel.
Engineering Rights
SoftDesks retains the rights to any proprietary "base code," custom-engineered Gutenberg blocks, or pre-existing internal libraries used to build your site. You are granted a perpetual, non-exclusive license to use these elements.
Third-Party Licenses
You are responsible for the ongoing costs of third-party subscriptions (e.g., Shopify monthly fees, GHL subscriptions, premium API keys).
5. Performance & Technical Disclaimers
Search Engine Rankings
While we engineer every site for maximum SEO authority, we do not guarantee specific page-one rankings, as Google's algorithms are external to our control.
Third-Party Platforms
SoftDesks is not liable for service interruptions caused by third-party providers such as Shopify, GoHighLevel, or Amazon Web Services (AWS).
Security
While we implement "Hardened Security Protocols," no digital asset is 100% impenetrable. SoftDesks provides the architecture to minimize risk but is not liable for damages resulting from external criminal breaches.
6. Limitation of Liability
To the maximum extent permitted by the Australian Consumer Law, SoftDesks' total liability for any claim arising out of our services—whether in contract, tort, or otherwise—shall be limited to the total amount paid by the client for the specific project or service milestone in question. We are not liable for indirect losses, such as loss of revenue or "down-time" during system migrations.
7. Termination of Service
- Either party may terminate the agreement with 30 days' written notice.
- If you terminate the project before completion, you are liable for all hours worked and milestones reached up to the date of termination.
- SoftDesks reserves the right to terminate services immediately if the client engages in unethical business practices or requests illegal technical work.
8. Governing Law (Western Australia)
These Terms are governed by and construed in accordance with the laws of Western Australia. Any disputes arising from these Terms shall be resolved exclusively in the courts located in Perth, WA.
Contact Information
For questions regarding these Terms or to discuss your specific Service Agreement, please contact our Padbury team: