These Terms and Conditions are entered into by and between Amaryllis Quill (“Contractor”) and the client identified in the accompanying agreement (“Client”) and govern the provision of services by Contractor pursuant to the Contractor’s proposal (the “Proposal”). Together, the Proposal and these Terms and Conditions form the “Agreement”. Contractor and Client may be referred to individually as a “Party” and collectively as the “Parties”.

 

Effective Date

This Agreement becomes effective on the date the Client accepts the Proposal.

 

Services

Contractor will provide the Client with the services set forth in the Proposal (the “Services”) in accordance with the schedule specified in the Proposal (the “Schedule”), or if no Schedule is specified, within a reasonable timeframe.

 

Client Cooperation

Client acknowledges that the timely delivery of the Services depends on their cooperation and the prompt provision of all required content and materials (“Client Materials”).

 

Fees

Client agrees to pay the fees outlined in the Proposal (“Fees”). Fees are exclusive of Wix subscription costs, domain fees, third-party app fees, taxes, and any out-of-scope work.

 

Payment

Fees are payable in accordance with the following terms unless otherwise stated in the Proposal or Invoice.

Proposals and Quotes valid for 2 weeks.

 

Payment Terms:

• Website design/redesign: 50% deposit upon invoicing, 50% due 14 days from project commencement date (being the agreed project start date).

• Ongoing monitoring: invoices due within 14 days (first invoice due immediately).

• All other services: payment due upon invoicing.

• Pricing may be adjusted for future or out-of-scope work with prior notice.

• Websites will not be transferred until full payment is received.

 

Changes and Additional Work

Any work requested outside the agreed scope may incur additional fees. Contractor will provide a revised quote or proposal for approval prior to commencing such work.

Any requests, revisions, or additions that extend beyond the agreed scope of work may impact project timelines and will be treated as out-of-scope work, quoted or billed separately.

 

Affiliate Disclosure

Amaryllis Quill participates in the Wix Partner Program and may receive commissions or credits through referrals. This does not influence pricing, recommendations, or services provided. Any tracking is limited to non-identifiable referral data.

 

Exclusions

The following are not included unless explicitly stated in the Proposal:

• Wix subscriptions and hosting

• Domain registration and renewal

• Content updates beyond agreed revisions

• Additional pages or products

• Third-party services or applications

• Ongoing maintenance

• Any items not specified in the Proposal

​

Out-of-Scope Work and Hourly Rate:​

Any work outside the agreed scope may be quoted separately or billed at an hourly rate of $85 per hour (or $42.50 per 30 minutes), with a minimum engagement of one hour ($170).

​

Revisions

Website Design and Redesign Projects include two (2) review rounds. Additional revisions or changes outside the agreed scope may incur additional fees.

​

Expenses

Client agrees to reimburse any pre-approved or reasonably incurred expenses.

 

Website cannot be published without active Wix subscription. Client is responsible for all Wix-related charges. Failure to maintain these payments may result in suspension of website functionality. It is the Client’s responsibility to ensure billing and ownership transfer is completed to maintain website operation.

 

Term

This Agreement remains in effect from the Effective Date until completion of the Services or termination in accordance with this Agreement.

 

Termination

For Cause: Either Party may terminate the Agreement if the other Party breaches its obligations and fails to remedy the breach within 28 days of written notice.

 

Without Cause: Either Party may terminate with 28 days’ written notice. Client remains responsible for payment of all work completed up to termination.

 

Representations and Warranties

Each Party confirms they have the authority to enter into this Agreement and that doing so does not conflict with any other obligations.

 

Client Materials

Client grants Contractor permission to use supplied materials for the purpose of delivering the Services. Client is solely responsible for the legality, accuracy, and ownership of all materials provided.

 

Confidentiality

Both Parties agree to keep confidential any information shared during the course of the Agreement, except where disclosure is required by law or necessary to perform the Services.

 

Disclaimer and Limitation of Liability

Security and Backups

Contractor does not provide cybersecurity or backup services. Client is responsible for implementing appropriate security measures and backups.

 

To the fullest extent permitted by law, Contractor is not liable for any indirect, incidental, or consequential damages, including loss of profits, data, or business interruption.

 

Indemnification

Client agrees to indemnify and hold Contractor harmless against any claims arising from Client-provided content or breach of this Agreement.

 

Conflict

In the event of inconsistency, these Terms and Conditions will prevail unless otherwise stated in the Proposal.

 

Notices

All notices must be provided in writing via email or mail and are deemed received within 7 days unless acknowledged earlier.

 

Relationship of the Parties

The Parties operate as independent contractors. No partnership, employment, or agency relationship is created.

 

Modification

Any amendments must be agreed to in writing by both Parties.

 

Governing Law and Jurisdiction

This Agreement is governed by the laws of Western Australia. Any disputes arising in connection with this Agreement will be subject to the exclusive jurisdiction of the courts of Western Australia.

 

Assignment

Client may not assign this Agreement without written consent from the Contractor.

 

Severability

If any provision is found invalid, the remainder of the Agreement will continue in effect.

 

Waiver

Failure to enforce any provision does not constitute a waiver of that provision.

 

Entire Agreement

This Agreement constitutes the entire agreement between the Parties and supersedes all prior discussions or agreements.