Our Commitment

Getting started

Last updated: 23 Oct 2026

These Terms and Conditions outline the rules and regulations for the use of our service and establish the legal obligations that both the Client/Agency and We must adhere to.

By accessing and working with us, you agree to comply with these Terms and Conditions. Our aim is to ensure a mutually beneficial relationship where We can collaborate effectively to get the best out of our interactions.

We are committed to fostering a positive and productive partnership with you. Let's agree and work together to achieve our shared goals and make the most of our relationship.

1. Definitions

1. 'We', 'Us', 'Our', or 'Service Provider' refers to Island Meets City Pty Ltd (ABN: 76627703511) trading as Dev Wise Studio.
2. 'Client' or 'Clients' refers to an active client(s) of the Service Provider, which we work with directly.
3. 'Agency' or 'Agencies' refers to an active client partner(s) of the Service Provider, who works directly with their client(s), and is considered a Client of the Service Provider.
4. 'Request' or 'Requests' refer to work, task(s) or project(s) to be performed by the Service Provider, including, but not limited to, requests via email, creating proposals, ad-hoc tasks, executing programming work, etc.

2. General Terms

• General Terms: These terms and conditions serve as a general framework for our working relationship. However, for specific projects or requests, there may be additional terms and conditions or agreements that are tailored to the unique nature of the solution being provided.
• Term Priority: If a separate signed agreement, such as an NDA or contract, conflicts with these terms, that agreement takes precedence for what it covers.
• Confidentiality: Both parties keep each other's information confidential, during and after our work together. The Client can still share their own website, code and content, and we can feature the work as set out in section 11.
• Communication: Our primary communication is via email, providing a paper trail for requests. In-person, phone, or other methods are available upon request.
• Dispute Resolution: In the event of a dispute, both parties agree to resolve the matter amicably through written communication. If no resolution is reached within 30 days, the dispute may be escalated to mediation, arbitration, or legal proceedings. Legal actions, if necessary, will take place in Brisbane, Queensland, Australia. Any associated costs will be borne by the defaulting party.
• Equal Dedication: Every client gets our full attention and care.
• Changes: These terms and conditions may change without notice. Refer back to this document for our latest terms and conditions. Price changes are covered separately in section 9.
• No Guarantees: We always aim to provide the best solution based on the information available. However, we cannot guarantee success, as outcomes may be influenced by external factors beyond our control. While we will always provide guidance to support the best possible outcome, we disclaim responsibility for results impacted by such factors.
• Our Network: Some work may be done by trusted designers and developers we work with, under our direction. We stay the Client's point of contact and remain responsible for the work.

3. Client Terms

• Communication: Effective communication is crucial for project success. We'd appreciate feedback within 5 business days.
• Content and Materials: Clients must provide content, imagery and/or any other requests necessary, and provide timely feedback as per the project scope. Clients guarantee ownership or proper permission for content/media assets supplied to us.
• Open to Change: Change can be challenging. The Client acknowledges that outcomes of the work we’ve done together may result in unexpected feedback or criticism. This is a normal part of change and growth, and we’re here to navigate these changes together. By approaching challenges constructively and as a team, we can work through them to bring your vision to life.

4. Service Provider Terms

• Our Response Time: Clients agree not to expect immediate responses. If no response is received within 5 business days, a follow-up email is recommended.
• Third-Party Access: Clients may need to provide us with full access to third-party providers to fulfil requests. We will maintain strict confidentiality regarding any access provided to third-party providers. In addition, we may set up third-party services/tools when necessary with the goal to improve the outcome of requests.
• Third-Party Outage: In the event of an outage, and if you have set up domains and hosting services with us, please note that these services are strictly in the hands of third-party providers. We will work closely with these providers as necessary to resolve any issues.
• Working with Third-Party Providers: We may charge hourly support fees for handling issues with third-party providers who we do not have an association with.
• Third-Party Costs: Hosting, licences, paid plugins and other third-party costs are approved by the Client first and may be invoiced in advance.
• Our Services: We provide a range of services, including website solutions tailored to meet your needs. While we strive for the best outcomes, we cannot guarantee specific results, as success depends on various factors beyond our control. We may use third-party tools or methods where necessary to deliver these services efficiently. Knowledge and experience we gain while working with the Client, along with general techniques and code that isn't specific to the Client, may be applied to other projects outside the Client's scope. We will never reuse the Client's content, data, branding or confidential information.
• Fair Use Policy: We work to accommodate all requests but may be subject to limitations and/or the frequency of changes. Fair use is determined at our discretion, considering factors like complexity, resource availability, and project impact.

5. Termination

• Respectful Termination: Either party may express dissatisfaction in writing via email, aiming to resolve issues amicably.
• Notice Period: Four weeks' notice is required for termination, except for Ongoing Support, which follows section 7.
• Unbilled Work: Clients who terminate may be billed for unbilled work exceeding the deposit.
• Forfeiture of Unused Funds: Any unused funds, including deposits, are forfeited upon termination to cover work completed and time reserved for the Client, unless disputed by the Client.
• Migration Support: We may assist with migration to your new provider within reason.
• Hand Off: Upon termination, if requested, we will hand over completed, paid work and a list of the accounts we have access to. The Client's accounts belong to the Client, and they should remove our access once handover is complete.
• Intellectual Property: Until full payment is received, all work produced remains our property.
• Transfer of Ownership: Upon full payment, the Client owns the completed work we produced for them, including the website, its code, design and content. Our tools, processes and knowledge remain ours, and the Client can keep using any that form part of their website.
• Refund Policy: Fees and refunds are determined based on project progress and status.

6. Project Work

• Deposit and Final Payment: Deposits are non-refundable and typically 50% of the total estimated project cost. If the estimate is a price range, the deposit is based on the average of that range. The final balance reflects the actual project cost and is invoiced upon handover, unless the Staged Final Payment applies.
• Estimates: We set out the scope and price for project work in a written Project Estimate, given as a single figure or a price range. If the work turns out bigger than expected, we'll let the Client know before going over the estimate. Estimates are valid for 30 days. After that, we may need to review the estimate before work starts.
• Staged Final Payment: On larger projects, we may invoice the final balance in two stages - 30% upon handover and 20% upon launch - rather than one lump sum. The total project cost stays the same; this just breaks the balance down by phase, so the Client isn't paying the full amount before going live. If launch hasn't happened within eight weeks of handover, the remaining 20% will be invoiced regardless.
• Project Scope: The project scope may be in the form of email, on a mutual project management space, annotated designs, or other mutually agreed-upon methods. Only items listed in the Project Estimate will be executed. Out-of-scope items may be estimated separately.
• Project Delivery: We aim to fulfil project requirements but may adjust due to unforeseen issues. Additional changes may incur charges.
• Client Delays and Pauses: If content, feedback or access is more than 5 business days overdue, the project is paused and work completed so far may be invoiced. A restart may need a new timeline and a restart fee.
• Launch and Final Files: We launch the website and release final files once the handover invoice is paid. With a Staged Final Payment, this is the 30% handover payment. Otherwise, it's the final balance.
• Project Abandonment: If no notice or communication is received within four weeks, we will consider the project as abandoned, with no further obligations. Any associated services, subscriptions and/or products may be disconnected, and a setup fee may apply for restoration. Any outstanding payment becomes due upon abandonment.

7. Ongoing Support (Care Plans and Technical Lead)

• Month to Month: Ongoing Support is billed monthly, in advance. There is no minimum term.
• Cancellation: The Client may cancel at any time before their next billing month starts. Months already started are not refunded, and the service continues until the end of that month.
• Health Check: Ongoing Support usually starts with a Health Check, charged as a fixed fee and paid upfront. Any urgent work found that is larger than a quick fix is estimated separately before it starts.
• Business Hours: We work Monday to Friday, 9am to 5pm Brisbane time (AEST), excluding Queensland public holidays and our end-of-year break.
• Response Times: We aim to look at urgent issues (for example, a website that is down or a checkout that is not taking payments) on the same business day, and to reply to all other requests within 5 business days. These are targets we work hard to meet, not guarantees. We may not always be able to start on an issue the same day.
• Fair Use: Small fixes and changes are included under fair use. Larger pieces of work, such as new features, redesigns, migrations or integrations, are estimated separately and only start once the estimate is approved. If the work needed each month consistently exceeds the Client's level, we will recommend a change of level from the next billing month.
• Part-Time Arrangement: Technical Lead is a part-time, advisory arrangement. We are not an employee or a full-time member of the Client's team, our time is shared with other clients, and fair use applies.
• Waiting on the Client: Ongoing Support fees remain payable while work is waiting on the Client.
• Third-Party Issues: We are not responsible for outages or faults caused by hosting providers, plugin or theme vendors, payment gateways or other third parties, but we will help resolve them within the scope of the service.

8. Rules of Engagement for Agencies

• Service Provider Role: We will operate as a contractor and service provider, executing tasks strictly within the agreed scope of work.
• Fair request policy: We will support minor changes to the scope of work. However any significant changes will need to be estimated separately.
• Migration backups: The Client is responsible for backups of existing and old websites. While we offer support and advice, further changes may incur additional costs.
• Knowledge Transfer: We'll provide handover materials where appropriate. A detailed technical handover may be subject to an additional fee. Documentation for the Agency's client is the Agency's responsibility.
• Design Requirement: All projects require completed designs before commencement, allowing both parties to understand accurate effort estimation and scope definition.
• Milestone Participation: We seek to be involved in critical milestones and technical decision-making processes.
• Billing for Additional Work: Ad-hoc tasks are billed on an hourly basis.
• Use of Outsourcing: We may bring on trusted outsourcing team members when needed to get the job done. It will be our responsibility to ensure the integrity and delivery of our work.
• Working with Other Agencies: We work with a number of agencies and keep each one's work and clients confidential. We don't offer exclusivity by default. Exclusive or priority arrangements are available by separate written agreement and may carry a minimum monthly commitment.
• Project Management: We operate under our own accounts, coordinating directly with our designated Agency project manager. We will not engage with the Agency's client, and will report directly with the project manager or team, unless facilitated by the project manager.
• Proof of Concept: For projects that require proof of concept work, we can't guarantee the integrity of the solutions. We will try our best and seek out the best implementation of the work.
• Project Hand Off Procedure: After completing our tasks, we will formally hand off the project to the Agency and assist with resolving any bugs or issues related to our work. We understand that feedback from the Agency and/or their client may be delayed; while we offer some flexibility, we are committed to delivering our portion of the project within the agreed timeline to the Agency, not their client's. It is the Agency's responsibility to manage this feedback and adhere to our agreement. Tasks or requirements that extend beyond the agreed timeline, or exceed a fair request policy, may be subject to additional charges. Our Project Abandonment clause may apply.
• Independence in Operation: We don't need to be micromanaged. Once we have the scope of work and an agreed deadline, leave it to us. We enjoy providing a reveal to you of the work we were able to achieve.
• Client Success Alignment: Your Client's success reflects on us. Prompt responses and collaborative efforts are appreciated to achieve this goal.
• Content Population: We may help to build importing tools/scripts and/or migrate existing content from other platforms where available, but it is ultimately the Agency and/or Agency client's responsibility to enter content and ensure its accuracy.

9. Payment and Invoicing

• Payment Due Date: Invoices must be paid by the due date shown on the invoice.
• Disputed Invoices: Invoices must be disputed in writing within 7 days. The undisputed amount is still due by the due date.
• Invoice Reminders: Automated invoice reminders will be sent from our accounting software to ensure Clients are informed about payment deadlines.
• Failure to Pay: If payment is not received after the reminder emails, services may be suspended with 7 days' notice until payment is made in full. Continued failure to pay may result in termination or dispute resolution. Suspension does not remove the Client's obligation to pay, and we may recover reasonable collection costs.
• Recurring Invoices: Recurring invoices are issued one month in advance.
• Currency: All prices are in Australian dollars (AUD) and exclude GST.
• Published Prices: Prices on our website are a guide only. We provide a Project Estimate after we've assessed what's needed, usually after a Health Check.
• Price Changes: We may review our pricing from time to time and will let Clients know of any changes by email. For Ongoing Support, price changes apply from the next billing month.
• Hourly Rate: Hourly work is billed in 15-minute blocks. Work under 7 minutes isn't charged.
• Invoice Processing: Invoices are issued and reconciled most Mondays.
• Card Payments: Card payments are available upon request. We don't add a surcharge.

10. Liability and Legal

• Australian Consumer Law: Nothing in these terms limits the Client's rights under the Australian Consumer Law.
• Limitation of Liability: Our total liability is limited to the fees paid in the 6 months before the claim.
• Indirect Loss: We are not liable for indirect loss, such as lost profits, revenue or data.
• Force Majeure: Neither party is responsible for delays caused by events outside its control.
• Severability: If any part of these terms can't be enforced, the rest still applies.
• Governing Law: These terms are governed by Queensland law.

11. Sharing our Success

• Promotional materials: By engaging with us and/or using our services, Clients agree to allow us to feature work produced for marketing and promotional purposes, and place credits (i.e. footer links) back to our website, unless otherwise stated in writing. White-label work for Agencies is only featured with the Agency's permission. We love to acknowledge and promote our partnership.
• Feedback: As part of our feedback loop, we'd appreciate any reviews or testimonials from our work. We'll send this periodically throughout our engagement to make sure we're on track.
• Mailing List: We may send Clients occasional updates and promotions by email. We do not share your information, and you can unsubscribe at any time.

12. Contact Us

If you have any questions about our Terms and Conditions, You can contact us:

• By email: [email protected]