Legal
Last updated: June 2026
Contents
These Terms and Conditions are entered into between Toby Renfors trading as Tork Digital (ABN: 96 344 238 441) ("we", "us", "our") and any individual or business ("you", "the client") who engages our services.
By proceeding with a quote, making a payment, or otherwise engaging our services, you agree to be bound by these terms. Please read them carefully.
Tork Digital provides website design, development, and hosting services for Australian businesses. Our core offerings are:
Tork Digital develops websites using static, zero-dependency architecture (hand-coded HTML, CSS, and JavaScript). Unlike traditional content management systems, this architecture contains no active databases or plugins.
If you need a new domain name registered, we can assist with this as a separate add-on service, enquire for details. Domain registration costs will be passed through to you, in addition to any service fee.
All prices are quoted in Australian Dollars (AUD).
The current pricing is:
Upon agreement to proceed with a build, we will begin the design and development of your website at a pace that allows for proper review and refinement, subject to timely provision of content, approvals, and feedback from you.
The build fee covers custom design tailored to your business, mobile-first responsive development, SEO foundational setup, and deployment to live. It does not cover content writing, photography, or stock image licensing unless otherwise agreed in writing. One round of reasonable revisions is included; further revision rounds may be charged separately.
The website build fee is payable in two equal instalments:
Completion is defined as the point at which the agreed scope of work has been delivered and made available to you for final review. The final payment becomes due at this stage, regardless of any delays on your part in providing final approval, content, or feedback. Minor outstanding revisions within the agreed scope do not delay the final payment becoming due.
The website will be deployed to your live domain, and ownership of the design and code will transfer to you (as set out in Section 10), only once the final payment has been received in full. Until final payment is made, Tork Digital retains all rights to the website and its underlying code, and may withhold deployment or delivery of files.
This payment structure applies to the one-time website build only. It does not apply to the Hosting & Care subscription, which is billed separately on a monthly or annual basis as set out above.
If the final payment is not received within a reasonable period following completion, we reserve the right to treat the engagement as cancelled. In such cases the deposit is forfeited, no ownership of the website or code transfers to you, and any work produced remains the property of Tork Digital.
Tork Digital uses enterprise-grade public cloud infrastructure and content delivery networks to host and distribute website files globally.
Website contact and enquiry forms use native form handling to route submissions directly to your nominated email address.
Requests for work outside the scope of your plan, including new pages, design changes, content updates, and custom features, will be assessed and quoted before any work commences.
Some additional work may be charged at an hourly rate. We will always provide a clear quote or estimate and obtain your written approval before proceeding. We will not begin additional work until approval is received.
You may cancel your Hosting & Care subscription at any time by contacting us through the enquiry form on our website.
Cancellation takes effect at the end of your current billing period. No partial refunds are issued for unused time within a billing period, including annual plans.
The 50% deposit for a website build is non-refundable once paid, as it secures your place in our schedule and covers the initial design and development effort (see Section 5). If you choose to cancel a build after the deposit has been paid but before completion, the deposit is forfeited and no further amount is owed. If you wish to cancel before paying the deposit, simply let us know and no charge applies.
Upon cancellation of hosting, we will provide a reasonable transition period during which you may retrieve your website files.
Upon receipt of full payment for the website build, ownership of the website design and code transfers to you. You are free to use, modify, and host the website as you see fit.
We retain the right to feature your website in our portfolio and marketing materials unless you request otherwise in writing.
Any third-party assets used in your website (fonts, stock imagery) remain subject to their respective licences. We will always use appropriately licensed assets, but ongoing licence compliance is your responsibility after handover.
Where we implement specific regulatory text, disclosures, or required wording as provided by you, we do so as supplied. We are not responsible for the accuracy or currency of that content.
Ongoing monitoring of legal compliance, licensing disclosures, and required wording specific to your industry remains your sole responsibility. Any changes required by regulators or third parties will be executed as standard text modifications, quoted as additional work.
To the maximum extent permitted by South Australian law, Tork Digital shall not be liable to you or any third party for any consequential, incidental, indirect, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business opportunity, or loss of data, arising out of the operation, temporary downtime, or management of the website.
Our total liability for any claim arising from our services is limited to the total amount paid by you in the three months preceding the claim.
Nothing in these terms limits liability for fraud, personal injury caused by negligence, or any liability that cannot be excluded by law.
We collect and handle personal information in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles. We collect only the information necessary to provide our services and will not sell or share your data for marketing purposes.
These terms are governed by the laws of South Australia, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of South Australia. We will always attempt to resolve disputes amicably before formal proceedings.
For questions about these terms or our services, please get in touch through the enquiry form on our website. We will respond as soon as we can.
These terms were last updated June 2026. We reserve the right to update these terms at any time.