Introduction These Terms and Conditions (“Agreement”) govern the services provided by UCSB.tech, an Australian freelancing service offering web design, social media marketing, SEO, Google Business Profile management, and other digital solutions’ services agreed on. By engaging our services, you agree to the terms outlined herein.
Business Identification and Freelancing Status UCSB.tech operates as an independent freelancing service, not as an employee, partner, company, or agent of the client. ABN and physical address details are available upon request. UCSB.tech disclaims liability for outcomes resulting from client decisions or business practices.
Scope of Services Services include:
Web Design: mock-ups, CMS integration, final website, limited revisions, optional maintenance.
Social Media Marketing: content creation, scheduling, ad campaign management, performance reporting. (no guarantees on ROI)
SEO: keyword research, content creation and optimization, link building, technical audits (no guarantees of rankings).
Google Business Profile Management: profile optimization, posts, reviews, and updates. UCSB.tech assists clients with managing and optimising their Google Business Profile, including responding to reviews where requested. However, UCSB.tech does not take responsibility for any issues, suspensions, removals, or limitations applied by Google to a client’s profile, as these are governed solely by Google’s policies and enforcement actions. Exclusions and limitations apply. Additional work may incur extra fees.
Client Responsibilities and Warranties Clients must provide accurate materials (e.g., logos, content) and warrant ownership and rights. Clients indemnify UCSB.tech against copyright claims. Final deliverables must be reviewed and approved by the client.
Intellectual Property Rights UCSB.tech retains IP rights until full payment is made, then grants a non-exclusive license to the client. UCSB.tech may showcase work in portfolios unless otherwise agreed. Third-party tools and licenses remain under their respective ownership. If a client wishes to obtain exclusive ownership of any materials created by UCSB.tech, an additional fee will be negotiated and agreed upon in writing. Exclusive ownership is not granted by default and must be explicitly agreed to as part of the service agreement or project proposal.
Payment Terms Services may be billed by project, hourly, or monthly. Deposits are required. Payment terms (e.g., 14 days) and GST status will be disclosed in quotes. Late payments may incur interest. Scope changes are subject to additional fees.
Limitation of Liability and Indemnity UCSB.tech is not liable for indirect or consequential damages. Clients agree to indemnify UCSB.tech for misuse, breach, or issues arising from their provided materials. Liability is limited as permitted by Australian law.
Disclaimers SEO, social media, and other digital outcomes are not guaranteed. UCSB.tech is not responsible for client reputation, profits, or external business decisions.
Data Security Disclaimer UCSB.tech implements best practices but cannot guarantee absolute data security due to inherent internet risks.
Confidentiality Both parties agree to keep confidential any proprietary or sensitive information exchanged during service delivery. Obligations continue beyond service termination.
Termination Clause Either party may terminate the agreement for breach or with written notice. Clients must pay for services rendered up to termination.
Governing Law and Dispute Resolution This Agreement is governed by the laws of Australia. Disputes should first be resolved via negotiation, followed by mediation or arbitration before court proceedings. UCSB.tech does not offer refunds except in cases where it is legally required. Any partial or full reimbursement shall be at the sole discretion of UCSB.tech and must be agreed upon in writing. Clients acknowledge that once work has commenced, they are liable for payment for services rendered regardless of perceived outcomes.
Agreement on Commencement of Services Client approval of a proposal or service agreement constitutes acceptance of these terms. Specific service details will be clarified in follow-up documentation.
Requirement for Written Agreements All agreements for services provided by UCSB.tech must be made in writing, either via signed service agreements, formal proposals, or written confirmation via email. UCSB.tech shall not be liable for any alleged breaches, misunderstandings, or obligations that are not documented in writing. Clients are encouraged to ensure all instructions, approvals, and expectations are formally confirmed in writing.
Web Hosting and Third-Party Providers UCSB.tech may assist clients in setting up or managing web hosting services provided by third-party hosting companies. UCSB.tech is not responsible for the performance, uptime, security, or any other technical issues related to these external providers. Clients agree that any issues arising from third-party hosting services are the responsibility of the hosting provider.
Use of GPL Tools and Themes In building websites, UCSB.tech may use software, themes, plugins, or other digital tools that are licensed under the GNU General Public License (GPL). These tools are open-source and provided without warranties. UCSB.tech implements these tools within client projects in accordance with their license terms and does not claim ownership of such tools. Clients acknowledge that the functionality and future support of GPL-licensed tools are subject to their respective developers and communities.