Terms of Service

These Terms of Service ("Terms") govern your access to and use of the services, websites, and applications provided by Fortbubble ("we", "us", "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

We provide a range of professional services including website design and development, custom web application development, mobile and web app development, e-commerce builds, brand and identity design, digital marketing (including SEO, paid advertising, social media, and content), and ongoing support and maintenance.

The specific services, deliverables, timelines, and fees for each engagement will be set out in a Statement of Work ("SOW") or written proposal agreed between the parties, which forms part of these Terms.

You agree to: provide accurate, complete, and timely information; make decisions and provide feedback within agreed timeframes; grant necessary access to systems, accounts, and materials; pay all fees in accordance with the SOW; and comply with all applicable laws in your use of our deliverables.

Fees are set out in the applicable SOW. Unless otherwise agreed, a 50% deposit is payable upon engagement, with the balance payable upon completion. Ongoing services are invoiced on a Net 30 basis. Late payments may incur interest and recovery costs. All fees are exclusive of GST and any applicable taxes unless stated otherwise.

Changes to scope, deliverables, or timelines must be agreed in writing. Additional work outside the original SOW will be quoted and invoiced separately. We reserve the right to pause work on an engagement if fees are overdue.

You retain ownership of any intellectual property you provide to us. We retain ownership of our pre-existing materials, tools, methodologies, frameworks, and know-how. Upon full payment, custom code and final deliverables produced for you become your property, excluding any third-party or open-source components, which remain subject to their own licence terms.

We may include a portfolio reference to work completed for you in our own marketing materials unless otherwise agreed in writing.

Each party will keep confidential any non-public information disclosed by the other party and use it only for the purposes of the engagement. This obligation survives termination. Confidentiality does not apply to information that is or becomes public other than by breach, was already known, or is required to be disclosed by law.

You agree not to use our services or deliverables for any unlawful, harmful, or malicious purpose, or in any way that infringes the rights of a third party.

We warrant that our services will be performed with reasonable care and skill. Except as expressly stated, our services and deliverables are provided "as is" and we disclaim all other warranties, express or implied, including merchantability and fitness for a particular purpose, to the fullest extent permitted by law.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law that cannot lawfully be excluded.

To the maximum extent permitted by law, our total aggregate liability for any claim arising out of or in connection with these Terms or an engagement is limited to the fees paid by you for the specific services giving rise to the claim in the six (6) months preceding the claim.

In no event will either party be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

You agree to indemnify us against any third-party claims, damages, liabilities, and expenses arising out of your breach of these Terms, your misuse of our deliverables, or content or materials you provide to us that infringe the rights of a third party.

Either party may terminate an engagement with written notice as set out in the applicable SOW, or immediately if the other party materially breaches these Terms and fails to remedy that breach within 14 days of notice. We may suspend or terminate services for non-payment, breach, or where continuing would create a safety, legal, or security risk.

On termination, you remain liable for fees for all services performed up to the date of termination.

Neither party is liable for any failure or delay in performance due to events beyond its reasonable control, including acts of God, natural disasters, pandemics, government actions, war, civil unrest, major cybersecurity incidents, or failures of essential infrastructure.

The parties will attempt to resolve any dispute in good faith by negotiation. If unresolved within 30 days, the parties agree to attempt mediation before commencing legal proceedings. Nothing in this clause prevents a party from seeking urgent injunctive or equitable relief.

These Terms are governed by the laws of Australia. Each party submits to the exclusive jurisdiction of the courts of Australia and the courts of appeal from them.

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right is not a waiver. These Terms, together with the applicable SOW, constitute the entire agreement between the parties on this subject. We may update these Terms from time to time by posting the updated version on our website; continued use of our services constitutes acceptance of the updated Terms.

Questions about these Terms can be directed to our legal team using the details below.