Version 1.0 • Effective May 2026 • MXM Institute • ABN 12 335 492 477
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Contact us2.1 The services are defined in the Scope of Work agreed in writing before work commences.
2.2 Any work requested outside the agreed scope will be quoted and agreed in writing before proceeding. MXM will not commence out-of-scope work without written confirmation from the Client.
2.3 MXM may reasonably decline out-of-scope requests where they conflict with the agreed timeline, technical feasibility, legal requirements, or MXM’s quality standards.
2.4 Any variation to the Scope of Work must be agreed in writing, including any impact on fees, timeline, or deliverables.
2.5 If there is any inconsistency between these Terms and the Scope of Work, the Scope of Work prevails to the extent of the inconsistency for that specific engagement.
3.1 Work commences on written approval of the Scope of Work.
3.2 Build hours are invoiced at $200 per hour (+ GST) with a minimum engagement of 15 hours. Invoices are issued at milestones agreed in the Scope of Work and are payable within 7 days.
3.3 Go-Live and Handover will not occur until all outstanding invoices are paid in full.
3.4 MXM may suspend work if an invoice is overdue. MXM may terminate the Project if payment remains overdue for more than 7 days after written notice. Any agreed timeline will be extended by the period of suspension and time required to recommence.
3.5 Late payments attract interest at 10% per annum, calculated daily from the due date.
4.1 The Client is responsible for providing all Client Materials required for the Project by the date agreed in the Scope of Work.
4.2 The Client is responsible for the accuracy, completeness, and legality of all Client Materials, information, instructions, and approvals provided to MXM. MXM is entitled to rely on Client instructions and approvals without independent verification.
4.3 The Client is solely responsible for obtaining all rights and permissions for all Client Materials.
4.4 The Client is responsible for reviewing and approving all website content, claims, images, links, legal notices, privacy policy, terms, and regulatory compliance before Go-Live.
4.5 MXM does not provide legal, tax, financial, medical, employment, or regulatory advice unless expressly agreed in writing. The Client is responsible for obtaining professional advice where required.
4.6 The Client must provide consolidated feedback during the revision stage within 5 business days of receiving the completed site.
4.7 The Client is responsible for maintaining ownership and access to its domain, DNS, hosting account, and any Third-Party Service accounts.
5.1 The Project includes one (1) round of revisions after delivery of the completed website.
5.2 A revision round means one consolidated list of changes provided in one communication. Piecemeal or sequential requests constitute additional revision rounds billed at the hourly rate.
5.3 Minor corrections required because of MXM’s error will not count as a revision round.
5.4 Revisions that constitute a change in scope — including new pages, structural changes, or new functionality — will be quoted and billed separately.
5.5 If the Client does not provide consolidated feedback within 5 business days of first draft delivery, the website will be treated as approved for the purpose of proceeding to final delivery.
6.1 MXM will provide an estimated timeline and hour estimate in the Scope of Work.
6.2 Timelines are estimates and may be affected by Client delays or circumstances outside MXM’s reasonable control.
6.3 If a Client delay exceeds 5 business days, MXM may reschedule remaining work according to its availability.
6.4 If the Client does not respond or provide required materials for more than 14 days, MXM may pause the Project. If the delay exceeds 30 days, MXM may treat the Project as cancelled by the Client.
7.1 The Client retains ownership of all Client Materials.
7.2 MXM retains ownership of all MXM Materials, including pre-existing templates, frameworks, code libraries, prompts, methodologies, and design systems.
7.3 Upon receipt of full payment, the Client owns the final website copy, configuration, and project-specific assets created specifically for the Project, excluding MXM Materials and Third-Party Materials.
7.4 MXM grants the Client a perpetual, worldwide, royalty-free licence to use any MXM Materials incorporated into the website solely as part of the Client’s website.
7.5 Third-Party Materials remain subject to their respective licence terms. Compliance after Handover is the Client’s responsibility.
7.6 MXM may display the completed work in its portfolio after the website is publicly launched, unless the Client requests otherwise in writing before project completion.
8.1 MXM will set up and configure Netlify hosting on the Client’s account as part of the Project deliverables.
8.2 All ongoing hosting costs are the Client’s responsibility.
8.3 The Client acknowledges that Third-Party Services are governed by their own terms, pricing, limits, uptime, and support arrangements. MXM is not responsible for the performance, availability, pricing, or changes of any Third-Party Service.
8.4 Unless expressly included in the Scope of Work, ongoing maintenance, security updates, and post-Handover support are not included.
9.1 Both parties agree to hold in confidence any sensitive business information shared during the Project and not to disclose it to third parties without written consent, except as required by law.
9.2 Confidential information does not include information that is publicly available, already known to the receiving party, independently developed, or required to be disclosed by law.
9.3 This clause continues after completion or termination of the Project.
10.1 Nothing in these Terms excludes, restricts, or modifies any right, guarantee, warranty, remedy, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.
10.2 Subject to clause 10.1, MXM’s total liability for any claim arising from or in connection with this agreement is limited to the total amount paid by the Client for the Project.
10.3 To the maximum extent permitted by law, MXM is not liable for indirect, consequential, special, or incidental losses including loss of business, revenue, profit, or data.
10.4 The liability cap does not apply to liability arising from fraud, wilful misconduct, or liability that cannot be limited by law.
10.5 MXM does not guarantee any particular business, financial, operational, sales, traffic, ranking, or performance outcome from the Services.
11.1 If the Client cancels after work has commenced, MXM may retain amounts reasonably referable to work performed, committed resources, administrative time, and unrecoverable costs, except to the extent required by law.
11.2 All work completed will be invoiced at $200/hour (+ GST).
11.3 If MXM cancels for reasons within MXM’s control, any amounts paid for work not yet performed will be refunded within 14 days.
12.1 MXM is not liable for delay or failure to perform caused by events outside its reasonable control, including platform outages, internet failures, cyber incidents, illness, natural disasters, or Third-Party Service disruption.
13.1 Independent Contractor. MXM provides the Services as an independent contractor. Nothing in these Terms creates a partnership, employment, agency, or joint venture relationship.
13.2 Severability. If any provision is invalid, void, or unenforceable, that provision will be severed to the extent required, and the remaining provisions continue in effect.
14.1 These Terms are governed by the laws of Queensland, Australia.
14.2 The parties submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.
14.3 Both parties agree to attempt resolution of any dispute through good faith negotiation before pursuing formal legal action.
15.1 The Client accepts these Terms by approving a Scope of Work, providing written instruction to commence, or paying the first invoice after receiving these Terms.
15.2 These Terms supersede any previous verbal or written agreements relating to the subject matter.