Terms

These terms apply when you engage us to design or build something. They sit under whatever we agree in a proposal — if the two ever disagree, the proposal wins, because it was written about your project and this was not.

1 · Who these are with

Maximilian May, Sole trader, ABN 59 487 517 058 (“we”, “us”), and the business engaging us (“you”).

We work with businesses. If you are engaging us as a private individual for something personal or domestic, say so before we start — different rules apply to you and we would rather set the engagement up correctly than discover it later.

2 · How an engagement starts

We write a proposal describing what we will build, what it costs and roughly when. It becomes a contract when you accept it in writing — email is writing. Nothing on this website is an offer; it is a description of what we do.

A proposal is open for 30 days unless it says otherwise.

3 · What is in scope

The proposal says. Anything not in it is not in scope — not as a trap, but because an unwritten expectation is the single most common way a project goes wrong for both sides.

If you want something added, we will tell you what it costs in time and money before we do it. We will not do extra work and invoice you for it afterwards.

4 · What we need from you

Projects stall on inputs far more often than on code. We need:

• content, images and brand materials, in usable form, by the dates in the proposal
• one person who can make decisions and give approvals
• access to whatever we need — domains, hosting, analytics, repositories
• answers within a reasonable time, because everything after them waits

You confirm you have the right to give us everything you give us. If a third party’s photograph, font or copy comes to us from you, we take it that you are licensed to use it.

5 · Timelines

Dates in a proposal assume the inputs in clause 4 arrive when they are due. Where they do not, dates move by at least the length of the delay — we will tell you the new date rather than quietly missing the old one.

Neither of us is liable for delay caused by something genuinely outside our control. That applies to both of us equally.

6 · Revisions

The proposal says how many rounds of revision are included at each stage. Revisions mean refining what was agreed. Changing what was agreed is a change of scope, and clause 3 covers it.

7 · Money

Fees, milestones and payment terms are in the proposal. Unless it says otherwise:

• invoices are payable within 14 days
• work may pause on an invoice more than 14 days overdue, after we have told you in writing and given you 7 days to fix it
• overdue amounts may carry interest at the RBA cash rate plus 2% per annum, calculated daily
• prices are GST-free. We are not registered for GST, so no GST is charged and none can be claimed back on our invoices

Third-party costs — fonts, stock, hosting, services — are yours, and we will tell you about each one before committing you to it.

8 · Who owns what

Yours

On final payment, we assign to you the intellectual property in the final deliverables made specifically for you: the designs, the layouts, the bespoke code written for your project.

Ours

We keep the tools we brought with us — our libraries, components, patterns and anything written before or outside your project. You get a perpetual, irrevocable licence to use those as part of your deliverables, which is what makes the deliverables actually usable.

We keep our working files and the versions that were not chosen.

Neither

Open-source components keep their own licences. Fonts and stock are licensed, not owned, and the licence terms come with them.

Until final payment clears, what we have delivered is licensed to you for review, not assigned.

9 · What we promise, and the limit of it

We will provide our services with due care and skill.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded. Where the Australian Consumer Law applies and permits us to limit our liability — that is, for services not ordinarily acquired for personal, domestic or household use — our liability for breach of a consumer guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

Otherwise, and to the extent the law allows: neither of us is liable to the other for loss of profit, loss of revenue, loss of data or any indirect or consequential loss; and our total liability arising out of an engagement is capped at the fees you have paid us for it.

None of this limits liability for fraud, or for anything else that cannot be limited at law.

10 · After launch

A website is software, and software lives in a world that keeps moving. Unless the proposal includes ongoing maintenance, our work ends at delivery. We will fix defects in what we built for 30 days after launch at no charge; after that, or for changes to browsers, platforms, third-party services or your own content, we quote as new work.

11 · Showing the work

We may show what we made for you in our portfolio, in case studies and in talks, and describe our part in it honestly. If something is confidential or embargoed, tell us and we will keep it off until you say otherwise.

Nothing on this site is published before the client has seen it. Projects that have not launched are labelled as not launched.

12 · Confidentiality

Each of us will keep the other’s confidential information confidential and use it only for the engagement. This does not cover information that is already public, that we already had, or that we are legally required to disclose. It survives the end of the engagement.

13 · Ending an engagement

Either of us may end an engagement by giving the other 14 days’ written notice. Either of us may end it immediately if the other is in material breach and has not fixed it within 14 days of being told about it in writing.

If an engagement ends, you pay for work done up to that point, and clauses 8, 9, 11 and 12 survive.

14 · If something goes wrong

Tell us — webagencysunny@gmail.com. We will answer in writing within 10 business days. Most things are a misunderstanding about scope and are cheaper to fix than to fight.

If that does not work, we both agree to try mediation before starting proceedings, unless urgent relief is needed.

15 · The rest

• These terms are governed by the law of Queensland, Australia, and we each submit to the courts there.
• If a clause turns out to be unenforceable, it is severed and the rest stands.
• Neither of us may assign an engagement without the other’s written consent, which will not be unreasonably withheld.
• We may update these terms for future engagements. The version that applies to yours is the one in force when your proposal was accepted, and we will not change your terms after the fact.
• We are independent contractors. Nothing here creates a partnership, employment or agency.

Last reviewed: 20 September 2026