Terms of Service

New Era Scaling is the service brand used by Jordan Epifania, an individual sole trader, ABN 69 356 652 795, based in New South Wales, Australia. The contracting supplier is Jordan Epifania, not a separate company. Contact: +61 478 145 186 or the correspondence address stated in your proposal.

Before work starts, we agree a written scope identifying the parties, deliverables, exclusions, price, GST, payment milestones, dependencies, revision allowance, acceptance process and ownership arrangements. A quotation marked “from” is a starting price, not a fixed price for every project. Ecommerce, databases, admin portals, integrations and additional functionality require an agreed quote.

A contract forms when you accept the complete proposal and the supplied terms in writing, or pay an invoice that expressly identifies those documents as the basis of acceptance. If inconsistent, a signed project agreement or agreed variation takes priority, followed by the accepted statement of work, then this dated version of the terms and refund policy. A later website edit does not change your existing contract.

Fees are in Australian dollars. The proposal must state the fee before GST, GST payable and total payable, or clearly state that its price includes GST. The agreed project price governs; a lower advertised starting price does not reduce an individually agreed fee. Deposit amounts, payment dates and milestones must be specified in the proposal. A deposit is a payment towards the work, not automatically forfeited.

Additional work requires written agreement to the scope, price or rate, and timing before it starts. We do not charge for unapproved extras. You pay platform subscriptions, domain renewals, licences and usage charges directly unless our written scope expressly includes them. We may pause affected work for an undisputed overdue amount after seven days’ written notice and a reasonable opportunity to resolve the issue. We do not disable a fully paid transferred website or withhold unrelated client property.

We will perform the agreed services with due care and skill. Delivery dates depend on receiving the agreed content, access, approvals and payments. Any advertised turnaround is an estimate for a suitable standard build; your project schedule governs. We will notify you promptly of delays and agree a reasonable revised schedule.

We provide a review version and the agreed acceptance checks. Unless another period is agreed, you have seven business days to approve it or identify material departures from the scope. We correct those departures without an extra build fee. Silence alone is not acceptance. New preferences or features are handled as variations. Publication requires your written approval. Acceptance and payment do not waive rights concerning defects or other non-excludable rights.

For Website Only and other full-transfer builds, once the agreed fees for the delivered work have been paid, we assign to the client named in the signed agreement all intellectual property rights we own in the final delivered website, including its source code, bespoke design, configuration and project documentation, except items expressly identified and agreed in the ownership schedule. We will sign reasonable further documents needed to give effect to that assignment and obtain necessary rights from contributors.

We do not rely on an undisclosed blanket reservation of background code. Before agreement, the ownership schedule must identify any reused code, prior licences, third-party assets, open-source software or hosted services that cannot be exclusively assigned. Any retained provider component requires your express written agreement and a perpetual, worldwide, royalty-free licence sufficient to use, host, copy, modify, maintain and transfer the website, including through another developer. If exclusive ownership is required, non-assignable components must be replaced or their rights resolved before acceptance.

Third-party platforms, frameworks, fonts and other licensed materials remain subject to their owners’ licences; we cannot transfer ownership we do not hold. Your existing content, brand assets and data remain yours, subject to the rights of individuals in their personal information. We retain general skills and know-how, but receive no automatic licence to reuse assigned client work. There is no compulsory footer credit or portfolio use: either requires your separate written consent.

For a subscription service, any transfer fee and ownership timing must instead be expressly set out in the accepted proposal. The advertised $500 subscription transfer option does not apply to a paid Website Only handover.

For a full-transfer build, you hold the domain, hosting, database, email, payment and other production accounts in your own legal name and pay providers directly. We use only the temporary permissions necessary to build and hand over. We deliver the complete project source to your repository or another agreed client-controlled location, together with deployment instructions, relevant data exports, an account inventory and the agreed administration walkthrough.

The handover record identifies what was delivered, the transfer date, any unresolved items, the support end date and responsibility for each account. We remove our users and deployment permissions and assist you to revoke or rotate temporary credentials. We do not retain an undisclosed administrator account, remote access mechanism, payment destination or dependency on an agency-owned production service.

We return or securely delete working copies of customer data and credentials when no longer needed, normally within 30 days after support ends. We may retain the agreement, invoices, approvals and a restricted record necessary for legal or accounting obligations; we do not retain a production customer database for our own use. Any retained evidence remains confidential.

We are an independent supplier of the services in the agreed scope. The engagement does not make us your business partner, shareholder, employee, merchant of record, product supplier or ongoing website operator. We have no authority to bind your business or receive its customer payments unless a separate written agreement expressly authorises a specific service.

You are responsible for your business activities, product sourcing, safety, classification, licences, sales, taxes, fulfilment, customer service, refunds and approved website content. You must provide accurate information and hold the rights and consents needed for materials and data you supply. You obtain your own legal, regulatory, medical and tax advice; website development is not certification that a business, product or advertisement is lawful.

For regulated or restricted activities, including health products, you must obtain appropriate advice and any necessary approvals before publication or activation of sales. We may request evidence reasonably relevant to the agreed work. A disclaimer or “research use only” label is not a substitute for lawful supply or advertising. We will not knowingly implement unlawful functionality or misleading claims. Neither a handover nor this allocation of responsibilities removes obligations that the law places on either party for its own conduct.

Website Only includes a seven-calendar-day post-launch support window unless the project agreement states otherwise. It covers reasonable handover questions and correction of faults in the agreed delivered functionality. New features, new content and changes caused by others are outside that included scope. This service window does not cut off statutory rights or remedies for our breach.

After the agreed support period, we have no ongoing hosting, maintenance, security monitoring, backup, renewal, fulfilment or regulatory-monitoring service unless separately agreed in writing. You or your appointed provider manage those tasks. Any later engagement is separately scoped and does not make us an owner or operator of your business.

AI features, if included in the scope, may produce inaccurate or incomplete output and require appropriate human oversight. We agree the intended use and reasonable testing, but do not promise sales, search rankings, uninterrupted third-party availability or a particular commercial outcome. Our duty to provide the contracted services with due care and skill remains.

Provider terms, acceptable-use rules, charges and service availability apply to client-held accounts. We are not responsible for a provider’s independent decisions or for client changes after handover, except to the extent our breach or negligence caused or contributed to the loss.

Each party uses the other’s confidential information only for the engagement and discloses it only to authorised people who need it, professional advisers, or where required by law. These obligations continue after completion. Our privacy policy describes our own handling of personal information. A client-operated website needs its own accurate privacy and customer policies.

Access to client customer data is limited to authorised development, testing, transfer or agreed support. We use test data where practicable, protect information we handle and notify you promptly of a relevant security incident we become aware of. The client’s responsibilities do not exclude ours for information actually in our possession or control.

Read the privacy policy.

You may cancel a project by written notice. We reconcile the work actually performed and authorised non-recoverable third-party costs, provide an itemised account and refund any unused advance. Charges cannot exceed the agreed price plus approved variations. This is subject to your rights where we breach the agreement or the law requires a different remedy.

Monthly subscriptions can be cancelled at any time by phone or written notice, with a pro-rata refund of the unused current paid month from the requested cancellation date. Prepaid three-month and yearly plans are ordinarily not refundable for a voluntary change of mind during the agreed term; required legal remedies remain available. There is no compulsory $500 cancellation fee: an agreed $500 transfer fee applies only if you elect the advertised subscription code-and-migration handover. Website Only has no separate transfer fee.

Either party may end an engagement for material breach not remedied within 14 days after written notice. Where continuing the affected work would be unlawful or create a serious immediate security risk, it may be paused promptly with reasons and notice where lawful. Any termination is reconciled fairly; we do not retain payment for unperformed work merely because we terminate. See the refund policy for the process.

Read the refund and cancellation policy.

Nothing in these terms excludes, restricts or modifies rights or liabilities that cannot lawfully be excluded, including applicable Australian Consumer Law guarantees and remedies. We do not promise that these terms prevent claims by regulators or third parties.

Subject to those rights and the exceptions below, each party’s aggregate liability for an affected one-off project is limited to the fees paid or payable for that project; for ongoing services it is limited to the fees paid or payable for the affected services over the 12 months before the event. These limits do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, misuse of confidential information or personal information, infringement of intellectual property rights, or amounts properly due under the agreement. Any specific alternative allocation must be agreed in the project contract.

Neither party is responsible for loss to the extent caused by the other party’s breach or negligence. Both must take reasonable steps to reduce loss. We do not exclude otherwise recoverable loss merely by labelling it “consequential”.

You indemnify us only for reasonable third-party claims and direct losses to the extent caused by your breach of your obligations concerning supplied content, product legality or the rights to materials you provide. This does not cover loss caused or contributed to by our breach, negligence or misconduct. We must notify you promptly, take reasonable steps to reduce loss and allow you a reasonable opportunity to participate in the defence. Neither party may agree a settlement imposing an admission or obligation on the other without its written consent, not unreasonably withheld. This clause remains subject to applicable law and the liability limits above.

Please notify the other party of a dispute and the outcome sought. We will try in good faith to resolve it within 14 days, then consider mutually agreed mediation. Neither party is prevented from seeking urgent relief, using a regulator or tribunal, exercising consumer rights or starting proceedings where appropriate.

New South Wales law governs the agreement. The parties submit to the non-exclusive jurisdiction of its courts and relevant Australian courts and tribunals, subject to mandatory rights in another jurisdiction.

This version is dated 29 September 2026. Changes published later apply to new engagements, not automatically to existing contracts. Variations to an existing engagement require both parties’ agreement. Contact Jordan Epifania, ABN 69 356 652 795, on +61 478 145 186 or through your existing project correspondence.