These Terms and Conditions (“Terms”) apply to all website development and related digital services provided by Fastrack Group Pty Ltd (trading as Fastrack Digital) ABN 80 105 209 679 (“Fastrack”, “we”, “us”, “our”) to the customer (“Client”, “you”, “your”).
These Terms apply each time you request services from us, unless we agree otherwise in writing. If there is any inconsistency between these Terms and a signed proposal, statement of work, purchase order or pricing schedule, the signed document prevails to the extent of the inconsistency.
1. Definitions
Key definitions appear at clause 26.
2. Engagement and contract formation
2.1 You may engage us by any of the following:
signing and returning our proposal / Pricing Structure / Statement of Work (“SOW”);
issuing an authorised purchase order referencing the Services; or
written confirmation (email is sufficient) accepting our cost proposal, scope, fees and timing.
2.2 The agreement is formed when we confirm acceptance in writing or commence work.
2.3 We may update these Terms from time to time. Updated Terms apply to new work commenced after the update date (not retroactively, unless agreed).
3. Scope, deliverables and exclusions
3.1 We will provide the Services described in the SOW (including deliverables, inclusions, exclusions, assumptions, third-party costs, timeframes and responsibilities).
3.2 Unless expressly included, the following are out of scope:
major content population, rewriting, or large-scale data entry;
custom integrations, API work, complex booking engines, CRM/ERP builds;
accessibility certification, security penetration testing, or legal compliance reviews;
ongoing SEO/GEO performance outcomes, rankings, ROAS, or revenue guarantees;
photo/video production, paid stock assets, font licences, or copywriting beyond what’s listed;
ongoing hosting, support, maintenance, monitoring, or updates (unless in a support plan).
3.3 Any work required due to third-party changes (plugins, themes, APIs, hosting platforms, browsers, OS changes, ad platforms, booking engines) is not included unless stated.
4. Pricing, estimates and validity
4.1 Pricing is as set out in the SOW. If pricing is an estimate, actual fees may vary based on time spent.
4.2 Unless stated otherwise:
fees are exclusive of GST;
third-party costs are charged at cost (or billed to you directly by the provider);
proposals are valid for 30 days.
4.3 If project timelines extend due to Client delay (clause 9), we may re-quote parts impacted by changed market rates, resourcing, or third-party pricing.
5. Hours of service and communications
5.1 Standard hours are 8:30am–5:00pm Brisbane time, Monday–Friday (excluding public holidays and our closure period).
5.2 Work outside standard hours is by agreement and may incur additional fees.
5.3 Project communication must occur via our nominated project platform/ticketing system. If you request delivery via other channels and it increases admin time, we may charge for the extra time.
6. Project approach and stages
6.1 We may deliver projects in stages (e.g., Discovery, Design, Development, Testing, Go-Live, Handover). Stages and deliverables will be defined in the SOW.
6.2 Where we use agile/iterative delivery, we will deliver work in increments. Timeframes are best-effort and depend on timely Client inputs and approvals.
7. Client responsibilities
7.1 You must provide:
a nominated decision maker and day-to-day contact;
timely approvals/feedback;
access to required systems (domain, DNS, hosting, analytics, booking engine, CMS, repositories);
Client Content in agreed formats, on time.
7.2 You warrant that Client Content:
is accurate (to the best of your knowledge);
does not infringe third-party rights;
does not include malicious code.
7.3 If you supply content generated by AI or third parties, you remain responsible for legality, accuracy, claims, and compliance (including consumer law, privacy, and advertising rules).
8. Content formats and delays
8.1 If Client Content is late, incomplete, or not in the required format, we may:
revise the delivery schedule; and/or
charge additional time for formatting, chasing, rework, or re-planning.
8.2 We are not responsible for delays caused by you or your third parties.
9. Schedule, dependency and resourcing
9.1 We will use reasonable commercial efforts to meet agreed timelines, subject to dependencies and Client responsiveness.
9.2 If your delay causes us to lose scheduled delivery slots, we may:
pause the project until capacity is available; and/or
charge a restart/re-planning fee to cover ramp-up time; and/or
issue a variation for overtime if you require the original deadline.
10. Change control (variations)
10.1 Any change to scope, assumptions, deliverables, features, integrations, design direction, content volume, timeline, or responsibilities is a Variation.
10.2 We may pause work while we assess a Variation.
10.3 We will provide a written variation estimate (time/cost/impact). We will not proceed on a material Variation until you approve it in writing.
10.4 Minor changes may be actioned and billed time-and-materials where:
the change is time-critical; or
waiting for approval would create delay; or
you have pre-approved a monthly support plan or hourly bucket.
11. Approvals and acceptance
11.1 We will present deliverables for review at agreed milestones (e.g., sitemap/wireframes, design, staging build, UAT).
11.2 Unless the SOW states otherwise:
you have 5 business days to review and provide consolidated feedback;
if we receive no response, the deliverable is deemed approved.
11.3 Acceptance criteria:
The site/materials substantially match the SOW and approved designs/specs.
Minor cosmetic defects that do not prevent normal use do not block acceptance.
11.4 If you request changes after acceptance, they are handled as a Variation.
12. Environments, hosting and deployments
12.1 We may use development and staging environments to build and test.
12.2 Go-Live timing depends on:
DNS and domain access;
hosting readiness and credentials;
third-party integrations and approvals;
completion of acceptance/UAT.
12.3 Unless included in the SOW, production hosting is governed by separate hosting terms (or your chosen provider’s terms).
12.4 You acknowledge that releases can involve downtime risks. We will plan to minimise disruption, but cannot guarantee zero downtime.
13. Third-party software, plugins, APIs and licences
13.1 Websites commonly rely on third-party platforms (e.g., WordPress, Silverstripe, Shopify), plugins, themes, libraries, booking engines, payment gateways, maps, review widgets, analytics tools, CDNs and APIs (“Third-Party Services”).
13.2 You acknowledge:
Third-Party Services are outside our control;
providers can change pricing, features, availability and terms at any time;
third-party outages or changes can impact your website.
13.3 Unless stated otherwise, third-party licence fees are your responsibility (even if we purchase/setup on your behalf).
13.4 Where licences are purchased under our accounts for project delivery, we will either (a) transfer where feasible, or (b) maintain under our account and invoice you, as described in the SOW.
14. SEO, performance and analytics disclaimer
14.1 Unless included in the SOW, we do not provide ongoing SEO/GEO services, backlink work, content strategy, or performance optimisation.
14.2 Even where included, you acknowledge:
rankings, traffic, conversions and revenue depend on many external factors;
we do not guarantee rankings, AI visibility, or commercial outcomes.
14.3 Analytics configuration (GA4, tags, pixels) depends on platform access and consent settings. You are responsible for cookie/consent compliance unless included.
15. Accessibility and compliance
15.1 Unless the SOW expressly includes accessibility compliance (e.g., WCAG target level), we provide best-practice design but do not certify compliance.
15.2 You are responsible for legal compliance of website content and operations (privacy policy, terms, cookies, claims, regulated statements), unless you engage us specifically for those deliverables.
16. Security and data protection
16.1 We will take reasonable measures to protect any credentials and data you provide, but you must also implement appropriate security controls (strong passwords, MFA, least-privilege access).
16.2 If we suspect a security incident affecting the website during our work, we may:
suspend work to reduce risk;
recommend remediation steps; and/or
engage specialist security support at additional cost.
16.3 We are not responsible for security issues arising from:
compromised Client credentials;
insecure third-party plugins or providers;
malware introduced after handover;
unauthorised access not caused by our breach of reasonable care.
17. Warranty (bug fix period)
17.1 Unless varied in the SOW, we provide a 90-day warranty from Go-Live (or from Final Acceptance if Go-Live is delayed by the Client) covering fixes for reproducible bugs that:
are directly caused by our code/configuration; and
prevent the website from operating substantially as described in the SOW.
17.2 Warranty excludes:
changes/enhancements/new features;
third-party plugin/theme/API changes or outages;
content updates, training, or general “how-to” support (unless included);
issues caused by Client edits, third parties, or environment changes;
browser/device behaviour outside the supported set in the SOW.
17.3 Any out-of-warranty work is billable or may be handled under a support plan.
18. Support and maintenance
18.1 Ongoing support/maintenance is available via paid support plans or time-based packs as described in the SOW.
18.2 Support plans typically cover (as applicable):
CMS/plugin updates and minor fixes;
backups and recovery assistance;
small content changes;
minor UX tweaks and landing pages;
monitoring (if included).
18.3 Support plans do not cover:
major redesigns, rebuilds, or large feature development;
third-party vendor disputes;
large-scale content migration or re-platforming.
18.4 Unused pre-paid hours are non-refundable unless the SOW states otherwise.
19. Intellectual property, ownership and licences
19.1 Client Content remains yours (or your licensors’).
19.2 Fastrack Materials: We retain ownership of our pre-existing materials, templates, frameworks, libraries, processes, know-how, and reusable code.
19.3 Project IP:
Upon full payment of all invoices, we assign to you the rights in the bespoke website deliverables created specifically for you under the SOW, excluding Fastrack Materials and third-party components.
Where assignment is not practical (e.g., frameworks, reusable modules), we grant you a perpetual, royalty-free licence to use those elements as part of your website.
19.4 Third-Party IP remains subject to third-party licence terms.
19.5 Editable/source files & repositories:
Unless included in the SOW, delivery of raw/editable working files (e.g., design source files, Figma libraries, build pipelines) may incur a release fee.
If repository handover is included, we will provide access after final payment and completion of handover tasks.
19.6 You must not resell, sublicense, reverse engineer, or separately commercialise our Fastrack Materials.
20. Portfolio use and attribution
20.1 Unless you notify us in writing that you opt out, you consent to us:
listing you as a client; and
showcasing the project in our portfolio/case studies (excluding confidential metrics or sensitive information).
20.2 Footer credit (“Site by Fastrack Digital”) is optional and only included if agreed in the SOW.
21. Invoicing, payment and suspension
21.1 Payment terms are as per the SOW (commonly milestone-based).
21.2 We may require a deposit before commencement.
21.3 If an invoice is overdue, we may suspend work, access, deployments, or handover until accounts are brought up to date.
21.4 You are responsible for costs incurred due to suspension and restart (including re-planning).
22. Term and termination
22.1 This agreement starts when formed (clause 2) and continues until the Services are delivered and paid, unless terminated earlier.
22.2 Either party may terminate for material breach if the other party fails to remedy within 14 days of written notice.
22.3 We may terminate immediately if:
you become insolvent; or
mutual trust and good faith have broken down to a point we reasonably consider the project cannot be delivered.
22.4 On termination:
you must pay for work completed up to termination, plus committed third-party costs and any cancellation fees;
we will provide handover of completed paid deliverables (reasonable format), subject to security and legal constraints.
23. Liability, disclaimers and consumer law
23.1 Nothing in these Terms excludes rights under the Australian Consumer Law that cannot be excluded.
23.2 To the maximum extent permitted by law, we are not liable for:
indirect or consequential loss (including loss of profits, revenue, goodwill, data, or business interruption);
failures caused by Third-Party Services, your systems, your staff/contractors, or events beyond our control.
23.3 To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the Services is limited to the fees paid by you to us for the relevant Services giving rise to the claim.
23.4 Where liability cannot be excluded, our remedies are limited (at our option) to re-supplying the services or paying the cost of having the services re-supplied.
24. Indemnities
24.1 You indemnify us against losses arising from:
Client Content infringements or unlawful content/claims;
your breach of these Terms;
your misuse of the website or services; or
third-party claims caused by your instructions or materials.
24.2 We will be responsible for claims to the extent caused by our proven infringement in bespoke deliverables we created (excluding third-party components and Client Content), subject to clause 23.
25. Confidentiality
25.1 Each party must keep confidential information confidential and use it only to perform or receive the Services.
25.2 Confidentiality does not apply to information that is public (other than through breach), independently developed, or required to be disclosed by law.
26. Definitions
Client Content: content/materials you supply or approve (text, images, brand assets, data).
Deliverables: items described in the SOW (designs, builds, configurations, documents).
Final Acceptance: acceptance under clause 11.
Services: the services described in the SOW.
SOW / Pricing Structure: the document describing scope, deliverables, fees and timing.
Third-Party Services: third-party platforms/tools/plugins/APIs/providers used in delivery.
Variation: change to scope/time/cost as per clause 10.
27.1 We may subcontract work to qualified specialists.
27.2 Neither party may assign the agreement without the other party’s written consent (not to be unreasonably withheld), except to a related entity or as part of a business sale.
27.3 If a clause is unenforceable, it is severed and the remainder continues.
27.4 This agreement is governed by the laws of Queensland, Australia, and the parties submit to the courts of Queensland.