Terms of Service
Effective date: 1 April 2026
These Terms of Service (“Terms”) govern your engagement of services provided by Charlie Sabin (ABN 64 151 412 796), a sole trader registered in Victoria, Australia (“I”, “me”, “my”). By engaging my services, you (“you”, “the Client”) agree to be bound by these Terms in full.
1. Services
I offer the following services:
- Web development — bespoke website design, development, and deployment for small businesses and individuals.
- Managed Care Plan — ongoing website hosting, maintenance, and support provided on a month-to-month subscription basis.
- Private tutoring — one-on-one VCE tutoring in Mathematics (Methods and Specialist), Physics, and Literature.
The specific scope, deliverables, and timeline for any engagement will be agreed upon in writing (via email, proposal, or invoice) prior to commencement.
2. Acceptance and Formation of Agreement
A binding agreement is formed when you accept a written quote or proposal, pay a deposit, or otherwise instruct me to commence work. These Terms apply in addition to any project-specific terms agreed upon in writing. In the event of a conflict, the project-specific terms prevail.
3. Payment Terms
3.1 Web Development Projects
- A non-refundable deposit of 50% of the quoted project fee is required before work commences (see Refund & Cancellation Policy for details).
- The remaining 50% is due upon project completion, prior to the final handover or deployment to your production domain.
- All invoices are payable within 14 days of issue unless otherwise agreed.
3.2 Managed Care Plan
- The Managed Care Plan is billed monthly in advance via Stripe.
- Fees are subject to change with 30 days’ written notice.
3.3 Tutoring
- Tutoring sessions are billed per session or in agreed packages.
- Payment is due prior to or at the time of each session unless otherwise agreed.
3.4 Late Payments
If payment is not received by the due date, I reserve the right to suspend work or services until the outstanding amount is settled. I may charge interest on overdue amounts at the rate of 2% per month, calculated daily and compounding monthly, on any balance outstanding beyond the payment due date.
4. Client Responsibilities
You agree to:
- Provide all content, assets, feedback, and approvals in a timely manner as reasonably requested.
- Ensure that any materials you provide do not infringe the intellectual property rights of any third party.
- Respond to communications within a reasonable timeframe. Delays caused by your failure to respond may result in adjusted timelines and, in some cases, additional charges.
5. Intellectual Property
5.1 Ownership
Upon receipt of full payment, you are granted ownership of the final deliverables (the completed website and its custom content). I retain ownership of all preliminary work, concepts, and drafts until full payment is received.
5.2 Licence to Underlying Tools
Any reusable code, frameworks, templates, or tools I develop or use in the course of your project remain my intellectual property. You are granted a perpetual, non-exclusive licence to use these as part of your delivered project.
5.3 Portfolio Rights
I reserve the right to display the completed work in my portfolio and marketing materials unless you request otherwise in writing.
6. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)):
- My total aggregate liability to you for any claims arising out of or in connection with the services, whether in contract, tort (including negligence), statute, or otherwise, shall not exceed the total fees actually paid by you to me for the specific service giving rise to the claim.
- I am not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunity, or business interruption, howsoever arising.
- I do not guarantee uninterrupted or error-free operation of any website or service. Websites are hosted on third-party infrastructure (Vercel) and are subject to the availability and performance of those platforms.
- I do not provide 24/7 monitoring, emergency response, or on-call support. I operate as a sole trader with standard business hours and personal commitments (including full-time university study). Response times to support requests will be reasonable but are not guaranteed within any specific timeframe. Urgent or time-critical issues outside of normal business hours will be addressed as soon as practicable, but I accept no liability for delays in responding to or resolving such issues.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded, restricted, or modified by agreement.
7. Indemnification
You agree to indemnify and hold me harmless from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- Your breach of these Terms.
- Content, materials, or instructions you provide that infringe the rights of any third party.
- Your use of the delivered website or services in a manner not contemplated by these Terms.
8. Termination
Either party may terminate an engagement by providing written notice to the other party. Upon termination:
- You are liable for payment for all work completed up to the date of termination.
- The deposit is non-refundable once work has commenced (see Refund & Cancellation Policy).
- I will provide you with all completed deliverables upon receipt of full payment for work performed.
9. Force Majeure
I am not liable for any delay or failure to perform my obligations where such delay or failure results from circumstances beyond my reasonable control, including but not limited to natural disasters, pandemics, government actions, internet outages, third-party service failures, or acts of God.
10. Dispute Resolution
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue mediation through a mutually agreed mediator in Melbourne, Victoria, before commencing any formal proceedings.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals therefrom.
12. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be severed and the remaining provisions shall continue in full force and effect.
13. Entire Agreement
These Terms, together with any project-specific agreement and the policies referenced herein (Privacy Policy and Refund & Cancellation Policy), constitute the entire agreement between you and me with respect to the subject matter hereof and supersede all prior communications, representations, and agreements, whether written or oral.
14. Amendments
I reserve the right to amend these Terms at any time. Material changes will be communicated to active clients via email and posted on this page with an updated effective date. Continued engagement of my services following notification of changes constitutes acceptance of the amended Terms.
15. Contact
For questions regarding these Terms, please contact:
Charlie Sabin
ABN: 64 151 412 796
Email: charlie@charliesabin.com
Jurisdiction: Victoria, Australia