Terms & Conditions

1. WHAT YOU ARE BUYING

You can choose one of the follow delivery models (specified in your order or quote). All models run on our managed SaaS platform.

1.1 Turnkey – Pre-built design
-We implement one of our pre‑built iDashsites designs, styled with your brand (logo, colours, fonts).
– Home page and internal pages use the chosen design’s existing panels/sections and settings.
– Includes up to five standard content pages (e.g., Company Profile, Why Sell With Us). Additional/complex pages are quoted.
– Revisions: one selected home‑page layout with one (1) round of revisions; panel re‑ordering/removal included. New/additional/custom panels/modules are out‑of‑scope and will be quoted.

1.2 Turnkey Hybrid – Pre-built design + custom home page
– Internal page templates remain as in the chosen pre‑built design.
– The home page is custom‑designed for you (wireframe + visual) and implemented within the platform.
– Revisions: up to one (1) concept + two (2) rounds on the home page. Internal templates are unchanged; any new internal layouts/modules will be quoted.

1.3 Fully Custom Design – All key pages
– We custom‑design your site’s look & feel and all agreed page types (listed in Attachment A).
– Deliverables typically include UX wireframes, visual designs, and design specs for desktop/tablet/mobile.
– Revisions: as specified in your order or quote (typically two (2) rounds on each key template).

1.4 Bring Your Own Design (BYOD) – No design services by us
– You supply fully‑approved, production‑ready design files for all required page types (Figma/Sketch/Adobe with desktop/tablet/mobile breakpoints), exportable assets (SVG/PNG), font/licence info, UI states, and final content.
– We implement your design inside the SaaS platform. We do not supply any designer or design time under BYOD.
– If designs are incomplete/ambiguous, we’ll pause for clarification or quote for additional work. Interaction patterns must be feasible within the platform; material bespoke behaviours may require a change order.

Applies to all models: content supply timelines, CRM‑fed listings (no direct entry to website), launch scheduling, hosting/access, support, and change control are as set out elsewhere in this Agreement.

2. WEBSITES ARE SAAS

2.1 Your website runs on a multi‑tenant, managed SaaS platform operated by iProperty Pty Ltd. You are subscribing (leasing) to the underlying platform that makes the website work with real‑estate property data; you are not buying the platform or its source code.

2.2 The one‑off design/implementation fee covers configuration and styling. The ongoing Monthly Service Fee covers the lease of the platform, hosting, maintenance, security, updates, and supported real‑estate data connectors.

2.3 Because this is SaaS, the website cannot be self‑hosted or transferred to another provider. Source code and build assets are not provided.

2.4 Real‑estate data connectivity (e.g., REAXML/portal feeds, CRM integrations) is provided through supported connectors which may evolve as third parties change formats or endpoints. We will apply reasonable updates; material bespoke work will be scoped and quoted.

2.5 We may roll out platform updates (security, performance, features) without separate approval. Where an update may materially affect you, we will provide reasonable notice and guidance.

3. HOW PROPERTY LISTINGS APPEAR ON THE SITE

3.1 Listings are not entered directly into the website.

3.2 Listings come via a supported Australian real estate CRM (e.g., via REAXML).

3.3 SaaS backend is responsible for processing updates from supported Australia real estate CRMs, and the website does not process these updates itself.

3.4 This keeps your property data in one place and feeds the website automatically.

4. YOUR CONTENT AND TIMELINES

4.1 You provide the words, images and media for the website (we’ll share a checklist if requested).

4.2 We copy and paste your content as supplied (no rewrite unless engaged as an extra).

4.3 Please supply requested content within 2 weeks of the preview being delivered; after 2 weeks, monthly billing will start, even if content is still outstanding.

4.4 Your preview includes up to 1 hour of small changes; additional time is billed at our standard hourly rate.

4.5 Projects are consiered complete 6 months from the paid date of your deposit invoice, unless stated otherwise in your order or quote.

5. WHAT’S INCLUDED VS. CUSTOM WORK

5.1 Standard internal pages include limited on/off settings you can toggle.

5.2 Full customisation of internal pages, new modules, or special features can be done—quoted as extras before work begins.

6. FEES AND BILLING

6.1 50% deposit to start; 50% on completion (before go‑live). Non turn-key projects may attract a different payment schedule, as outlined in your order or quote.

6.2 A Monthly Service Fee covers SaaS, platform licensing, hosting, storage, bandwidth, security, platform maintenance and support.

6.3 We invoice monthly in advance and charge your authorised payment method via Direct Debit. Fees are ex‑GST unless stated otherwise.

6.4 Projects are consiered complete 6 months from the paid date of your deposit invoice, unless stated otherwise in your order or quote.

7. LAUNCHING YOUR SITE

7.1 Provide at least 5 business days’ notice for your preferred launch date.

7.2 We do not launch on Fridays.

7.3 Full payment for the website project is required before the site can go live.

8. HOSTING AND PLATFORM ACCESS

8.1 iDashsites is hosted only by iProperty Pty Ltd. It cannot be moved to another host.

8.2 Source code access is not provided and FTP/SFTP/SSH is not available.

8.3 Plugin requests: we install on your behalf after a security and CVE review (direct plugin installs are disabled). Plugins with unpatched CVE publications or with an abnormal history of vulnerabilities will be rejected by our team. Plugins that provide access to source code, file systems, underlying infrastructure, database tables, or that have the function of backing up or migrating a website will be rejected by our team.

9. THIRD PARTY ACCESS

9.1 For security and platform integrity, no third‑party access is permitted to the platform, SaaS environment, source code, build pipeline, database, file system, SSH/SFTP/FTP, or hosting/cloud accounts. This includes SEO providers, external developers, agencies, or contractors.

9.2 If a third party recommends a code change, they may submit the recommendation to us. We will assess and either: (a) include it as part of standard support if minor and safe; or (b) quote it as a change order if it requires additional effort or carries risk.

9.3 We may decline changes that create security, privacy, performance, supportability or licensing issues, or that conflict with the SaaS platform architecture.

9.4 CMS/editor content updates remain available to you. Where requested changes exceed CMS/editor capabilities, we will provide an estimate before proceeding.

10. SUPPORT AND MAINTENANCE

10.1 The Monthly Service Fee includes routine platform maintenance, security updates, and standard support.

10.2 Training, content writing, custom development, out-of-scope design work or consulting are quoted as extras.

11. CHANGES AND EXTRAS

11.1 For scope outside this Agreement (new pages, complex layouts, new features), we’ll confirm scope and cost in writing first.

11.1 We only proceed after your approval (email confirmation suffices).

12. YOUR RESPONSIBILITIES

12.1 Provide accurate, lawful content and the right to use logos, images, copy, videos, and brand assets.

12.2 Nominate a single project contact who can make timely decisions and approvals.

12.3 Respond to a single email-chain to ensure all project correspondance is maintained in a single thread.

13. INTELLECTUAL PROPERTY AND LICENSES

13.1 The iDashsites platform, theme(s), modules, connectors and underlying code are proprietary to iProperty Pty Ltd. Your rights are a subscription licence (a lease) to use the platform while your account remains active and in good standing. No sale or transfer of the platform occurs.

13.2 Some components (e.g., premium WordPress plugins) are provided under our agency licences. These licences remain with us and are not transferable to you or to any new provider.

13.3 Your own content (text, images, logos, videos) remains yours. You grant us a licence to host, cache and display it while you use the service, and to create routine backups.

13.2 Listings data originates from your CRM/portals and is ingested via supported feeds. We do not author that data. If you leave, your new provider must implement their own ingestion solution.

13.2 No source code / no FTP: We do not provide FTP or source access to the platform, theme or build assets. Customisations (if any) are delivered inside the managed platform.

14. GO LIVE PREREQUISITES

14.1 All invoices due (including the final 50%) must be paid.

14.2 DNS changes (where required) must be coordinated and scheduled through us with at least 5 business days’ notice.

15. WHAT YOU GET IF YOU LEAVE

We’ll make off‑boarding straightforward. Provided your account is paid up, and you request the export before your termination date, we will supply the following:

15.1 Standard exit deliverable
– A static HTML snapshot of your current live public website as at the snapshot date. Delivered as a single .zip archive containing:
>> A static HTML file for each public page/template available at the time of the snapshot.
>> All presentation assets needed to render those pages: CSS, presentational JavaScript used on the front end, images, web fonts* (where licence permits), and other front‑end assets (icons, SVGs, etc.).

*Fonts are included only where your licences allow redistribution. If redistribution isn’t permitted, we will provide limited guidance for your new provider to license them.

15.2 What the HTML snapshot is not
– It is not a working WordPress theme, CMS or the underlying SaaS platform. There is no backend code, database, or admin included.
– No functionality from the SaaS is provided (no feeds, search indexes, login, forms processing, dashboards, APIs or connectors). Dynamic components are preserved visually only.
– Property listings in the snapshot appear as static pages captured at the snapshot time. They will not update automatically after handover.

15.3 Your new provider’s responsibilities
– Implement the static HTML/CSS/JS on their platform/CMS.
– Re‑create forms, search, property feeds and filters, and any other dynamic features using their own stack.
– Obtain any third‑party licences (e.g., fonts/plugins) required for their implementation.

15.4 Optional paid handover services (on request)
– Redirect mapping, DNS change assistance and cut‑over scheduling with your new provider.
– Where applicable, a WordPress XML content export of pages/posts and a bulk media library export (note: listings data originates from your CRM feed and is not authored in WordPress).

15.5 Data retention
– After termination, hosting resources are de-provisioned, and your site will be deleted. We keep operational backups for a short window only; please request exports before your termination date.

16. GENERAL LEGAL TERMS

16.1 Incorporation & precedence. This Agreement supplements the Supplier’s Software as a Service Agreement and related policies (the Master Terms). If there is any inconsistency, this Agreement prevails except that the Master Terms prevail for privacy, data protection, acceptable use/anti‑spam and any non‑excludable consumer law obligations.

16.2 Compliance & acceptable use. Customer must use the Services in accordance with the Master Terms, applicable law (including the Australian Consumer Law and Spam Act 2003 (Cth)), and any reasonable directions or platform guidelines published by the Supplier.

16.3 Service levels. Any uptime/response targets or service credits apply only if expressly stated in an Order Form or Schedule. Service credits (if applicable) are the Customer’s sole remedy for service level failures.

16.4 Liability. To the maximum extent permitted by law and subject to any non‑excludable rights under the Australian Consumer Law, the Supplier’s liability and the Customer’s remedies are limited as set out in the Master Terms. In no event will either Party be liable for indirect, special or consequential loss, loss of profit, revenue, goodwill or data, arising in connection with the Services, except to the extent caused by that Party’s wilful misconduct or fraud.

16.5 Indemnities. Any indemnities relating to intellectual property, misuse, data, third‑party claims or regulatory matters are as set out in the Master Terms. Nothing in this Agreement expands those indemnities unless expressly stated in an Order Form.

16.6 YSubcontractors & affiliates. The Supplier may use affiliates and subcontractors (including hosting and security providers) to deliver the Services. The Supplier remains responsible for their performance and for ensuring equivalent obligations regarding confidentiality and data handling.

16.7 Force majeure. Neither Party is liable for delay or failure to perform due to events beyond its reasonable control (including failures of third‑party networks, carriers, or platforms). The affected Party must take reasonable steps to mitigate and resume performance.

16.8 Assignment. Neither Party may assign or transfer this Agreement (in whole or part) without the other Party’s prior written consent, not to be unreasonably withheld. The Supplier may assign to an affiliate or in connection with a merger, acquisition or corporate reorganisation by notice to the Customer.

16.9 Notices. Formal notices under this Agreement may be given by email to the addresses specified in the Order Form (or subsequently notified in writing) and take effect when sent, provided no delivery failure is received within 24 hours.

16.10 Changes to the Agreement. Changes to project scope, inclusions or fees must be documented in an Order Form, change order or Schedule.

16.11 Severability. If any provision is held invalid or unenforceable, it will be read down or severed to the minimum extent necessary and the remaining provisions will continue in full force.

16.12 Waiver. A failure to exercise, or delay in exercising, a right or remedy does not operate as a waiver. A waiver must be in writing.

16.13 Survival. Clauses relating to fees, IP, confidentiality, privacy, liability limits, indemnities (as applicable), data export/retention, and this clause 16 survive expiry or termination.

16.14 Governing law & jurisdiction. This Agreement is governed by the laws of Victoria, Australia. Each Party submits to the exclusive jurisdiction of the courts of Victoria and the Commonwealth courts of Australia with jurisdiction in Victoria.

16.15 Entire agreement & order of precedence. The Master Terms and this Agreement (including any Order Forms and Schedules) constitute the entire agreement concerning the subject matter and supersede all prior proposals and representations. The following order of precedence applies: (1) an Order Form or signed change order (most recent prevails); (2) this Agreement; then (3) the Master Terms and policies.

16.16 Counterparts & e‑signatures. Project Agreements may be executed electronically and in counterparts, which together constitute one instrument.

17. GLOSSARY

• SaaS: Software as a Service—a managed platform you use by subscription; source code isn’t provided.
• Platform lease: Your monthly fee gives you the right to use the platform while you pay and comply with the terms.
• Non‑Renewal Notice: A written email saying you don’t want the next term to auto‑renew.
• Early‑termination fee: The remaining monthly fees for the committed term you agreed to, minus any costs we reasonably avoid.
• Agency licences: Third‑party plugin/theme licences owned by us and not transferable to you or another provider.