LEGAL FILE ONLINE

CDD://LEGAL/TERMS_OF_SALE

LEGAL FILE / TERMS OF SALE

Terms of Sale

Terms covering website development, project payments, WooCommerce plugins, digital products, approvals and handover.


CDD://LEGAL/TERMS_OF_SALE

TERMS OF SALE

Cooper Delivered Digital

Effective: 20 August 2026

Last updated: 20 August 2026

1. About These Terms

These Terms of Sale govern purchases of products and services supplied by Cooper Delivered Digital, including website design and development, custom digital development, WordPress and WooCommerce plugins, digital products and downloads, printable products, books and physical products and other products or services offered for sale by Cooper Delivered Digital.

By purchasing a product, accepting a quotation, paying an invoice or deposit, approving a proposal or otherwise instructing Cooper Delivered Digital to commence paid work, you agree to the applicable terms governing that transaction.

Additional project-specific terms contained in a written quote, proposal, scope of work or agreement may also apply.

If there is an inconsistency between these general Terms and expressly agreed project-specific terms, the project-specific terms will apply to that project to the extent of the inconsistency.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

2. Pricing

Unless stated otherwise, all prices are displayed and charged in Australian dollars (AUD).

The price applicable to a purchase is the price communicated or displayed at the time the transaction is made, subject to correction of genuine errors where permitted by law.

Custom development projects may be individually quoted based on their scope, complexity, functionality and requirements.

Work outside an agreed scope may incur additional charges.

A quote for one thing is not approval to build ten more things.

Where a customer requests additional functionality, pages, revisions, integrations or other work beyond the agreed scope, Cooper Delivered Digital may provide an additional quote before undertaking that work.

3. Website Development Payment Structure

Unless otherwise agreed in writing, custom website development projects will operate using the following payment structure.

Stage One: 50% Project Commencement Payment

A payment of 50% of the agreed project price is required before development commences.

The commencement payment confirms the customer’s intention to proceed, reserves development time, authorises Cooper Delivered Digital to begin work and permits planning, design and development resources to be allocated to the project.

Work is not required to commence until this payment has cleared.

Stage Two: 25% Review & Revision Payment

Once a substantial version of the website has been prepared, the customer will be given an opportunity to review the work.

At this stage, the next 25% of the agreed project price becomes payable before the agreed revision stage commences.

This means the customer can see the direction and substantial build before making this payment.

Once payment is received, Cooper Delivered Digital will undertake revisions falling within the agreed project scope and revision allowance.

Requests that substantially alter the approved direction or original project scope may be treated as additional work and separately quoted.

Stage Three: 25% Final Handover Payment

The remaining 25% becomes payable once the agreed development and revision work has been completed and before final handover.

Final handover may include transfer of the completed website, migration to the customer’s environment, provision or transfer of administrative access, release of final files, final deployment, transfer of agreed project assets or another handover method specified in the project agreement.

The final project will not be handed over until all amounts properly due under the project have been paid in full.

4. What Counts as a Revision?

A revision is a reasonable adjustment to work already produced within the agreed scope.

For example, “Can we make this heading larger?” or “Can we change this image?” may be a revision.

“We’ve decided we actually want an online marketplace” may be a scope change.

A revision does not automatically include substantial redesign, additional pages, new systems, new functionality, new integrations or a material change in the project’s original direction.

If requested work falls outside the agreed scope, we will tell you before undertaking chargeable additional work.

5. Customer Approvals

Website development is collaborative.

Customers may be asked to approve layouts, design direction, copy, imagery, functionality, pages, features, integrations, revisions and final deliverables.

Once an element has been expressly approved, Cooper Delivered Digital is entitled to proceed on the basis of that approval.

If the customer subsequently changes their mind, we may agree to change previously approved work, but that work may constitute an additional revision or scope change and may attract an additional fee.

Approval does not remove any rights that cannot lawfully be excluded.

6. Customer Responsibilities

Customers are responsible for providing information reasonably required to complete their project, including business information, branding, copy, images, product information, login credentials, hosting information, domain information, feedback, approvals and third-party account access where applicable.

The customer warrants that they have the necessary rights or permissions to provide and use material supplied to Cooper Delivered Digital.

The customer remains responsible for the accuracy and legality of their own business information, claims, pricing, products, services and supplied content.

7. Delays Caused by the Customer

Project timelines depend upon cooperation from both parties.

Where a customer delays providing content, feedback, approvals, access credentials or other required information, project completion dates may also be delayed.

Cooper Delivered Digital is not responsible for a delay to the extent that it is caused by the customer’s failure to provide something reasonably required to continue the project.

Where a project becomes inactive for an extended period, we may need to reschedule the remaining work according to current availability.

8. Third-Party Services

Websites and digital projects may rely upon third-party products and services, including WordPress, WooCommerce, hosting providers, domain registrars, payment gateways, APIs, themes, plugins, email services, analytics platforms and other external technologies.

Unless expressly included in our scope, Cooper Delivered Digital does not control those third-party services.

Third-party pricing, functionality, terms, availability and compatibility may change independently of Cooper Delivered Digital.

We cannot guarantee that an independently operated third-party service will remain permanently unchanged or available.

Nothing in this section limits liability that cannot lawfully be excluded.

9. Plugins

WooCommerce and WordPress plugins sold through Cooper Delivered Digital are generally purchased in full before access or download is provided.

Payment must successfully clear before access is granted.

Customers are responsible for reviewing the plugin description, stated functionality, system requirements, compatibility information and any licence conditions before purchasing.

The plugin will provide the functionality substantially described for the applicable version, subject to the customer’s technical environment and any disclosed requirements.

Separate Software Licence Terms may govern installation, copying, modification, redistribution, white-labelling and other use of Cooper Delivered Digital software.

10. Future Subscriptions

Cooper Delivered Digital may introduce subscription-based products or services in the future.

Unless and until a product is expressly advertised and purchased as a subscription, a customer should not assume that an existing purchase creates a recurring subscription obligation.

Any future subscription product will clearly identify applicable pricing, billing frequency, renewal and cancellation arrangements before purchase.

11. Digital Downloads

Digital products must generally be paid for in full before download or access is provided.

Digital products may include printable pages, planners, templates, digital books, worksheets, business resources and other downloadable materials.

Purchase does not automatically transfer ownership of the underlying intellectual property.

Unless expressly stated otherwise, customers receive only the rights granted under the applicable product or licence terms.

12. Intellectual Property: Custom Websites

Unless otherwise agreed in writing, Cooper Delivered Digital retains ownership of its pre-existing intellectual property, development methods, reusable systems, underlying tools, frameworks, know-how, reusable code components, processes and other intellectual property existing independently of the customer’s commissioned project.

Rights in customer-specific final deliverables will be determined by the applicable proposal, scope or project agreement.

No intellectual property that has been expressly agreed to transfer to the customer is required to be transferred until all amounts properly owing for that work have been paid in full.

Customer-owned branding, logos, photographs, copy and other materials supplied by the customer remain the customer’s property or that of their respective rights holders.

13. Intellectual Property: Software and Plugins

Purchasing software does not mean purchasing Cooper Delivered Digital itself, its source code, underlying intellectual property or the unrestricted right to reproduce or resell the software.

Unless expressly agreed otherwise, a plugin purchase provides a licence to use the software subject to the applicable Software Licence Terms.

Licensing, white-label arrangements, source-code acquisition, commercial redistribution and outright intellectual-property acquisition require separate written agreement where offered.

14. Cancellation of Website Projects

A customer may request cancellation of a website project.

Cancellation does not automatically entitle the customer to repayment of amounts attributable to work already properly performed, resources already committed or deliverables already supplied.

Any amount refundable or payable following cancellation will be assessed according to the work completed, project stage, expenses incurred, amounts already paid, amounts properly owing, the applicable project agreement and rights available under applicable law.

Our separate Refunds, Returns & Cancellations Policy also applies.

15. Refunds

Change-of-mind refunds are not ordinarily provided.

Refunds, remedies and cancellations are governed by our Refunds, Returns & Cancellations Policy and applicable Australian law.

Nothing in these Terms limits a remedy available under the Australian Consumer Law that cannot lawfully be excluded.

The ACL imposes consumer guarantees on qualifying services, including requirements concerning due care and skill, fitness for specified purposes and reasonable timing where no time is agreed.

16. Support Does Not Mean Unlimited Development

Where support is included with a product or project, support relates to the scope expressly stated for that product or service.

Support does not automatically include unlimited development, unlimited revisions, redesigns, new features, new pages, unrelated troubleshooting, repairing modifications made by another developer, repairing third-party systems, business consulting or permanent ongoing maintenance.

Additional work may be separately quoted.

17. Professional Conduct

We believe business relationships should involve mutual respect.

Cooper Delivered Digital reserves the right to refuse to commence work, or where legally and contractually permitted, suspend or terminate a working relationship where a customer engages in serious or repeated abusive communication, threats, harassment, discriminatory abuse, intimidation, unlawful conduct, deliberate deception, exploitation of staff or contractors or conduct creating an unsafe working environment.

Where reasonably appropriate, we may first notify the customer of the conduct and provide an opportunity for it to stop.

Any termination will be handled consistently with applicable contractual obligations and Australian law.

This provision is about maintaining a safe professional relationship, not avoiding legitimate criticism, complaints or the exercise of consumer rights.

18. Organisations We Will Not Work With

Cooper Delivered Digital reserves the right to decline prospective work before accepting a project.

We may decline work that, in our reasonable opinion, would require us to create, promote or materially facilitate unlawful activity, fraud or deception, exploitation, hate or unlawful discrimination, harassment, intentionally harmful conduct, intellectual-property infringement or activity materially inconsistent with our ethical standards.

We do not need to accept every project offered to us.

Once a contract has already been formed, however, termination will be governed by that contract and applicable law.

19. No Guarantee of Commercial Results

We can build the website. We can build the plugin. We can build the digital system. We cannot guarantee what the market will do with it.

Unless expressly agreed otherwise, Cooper Delivered Digital does not guarantee sales, revenue, profitability, search-engine rankings, website traffic, conversion rates, social-media reach, business growth, funding, investment, media coverage or any particular commercial outcome.

The customer remains responsible for their business decisions and how the completed product or service is operated.

20. Search Engine Optimisation

Where SEO work is included in a project, Cooper Delivered Digital may undertake agreed technical, structural, content or on-page SEO work.

Search engines are independently operated third-party systems.

Accordingly, unless expressly stated otherwise, SEO services do not guarantee a particular ranking, traffic level or indexing outcome.

21. Website Security and Maintenance

A website is an ongoing digital system.

Unless ongoing maintenance, hosting, security monitoring, backups or updates are expressly included in the purchased service, responsibility for ongoing operation following handover rests with the customer.

Websites may require future WordPress updates, plugin updates, WooCommerce updates, PHP/server updates, security maintenance, backups, compatibility work and other technical maintenance.

We can separately provide or quote work where available.

22. Project Handover

Once the agreed project work has been completed, agreed revisions have been completed, all properly issued invoices due for the project have been paid and any necessary final customer approvals have been obtained, Cooper Delivered Digital will complete the agreed handover process.

After handover, subsequent changes requested by the customer may constitute additional work unless expressly included in the original scope.

23. Payment Processing

Payments may be processed through third-party payment providers.

Cooper Delivered Digital does not require customers to provide complete payment-card credentials directly to us where payment is processed securely through the applicable payment provider.

Customers may also be subject to the terms and privacy practices of the relevant payment provider.

24. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or remedy that cannot legally be excluded, restricted or modified.

Under the Australian Consumer Law, qualifying services carry guarantees including that they will be supplied with due care and skill and be reasonably fit for an applicable specified purpose. Remedies can apply where applicable consumer guarantees are not met.

These Terms should be read subject to those rights.

25. Liability

To the maximum extent permitted by law, Cooper Delivered Digital will not be liable for loss arising solely from decisions made independently by the customer, customer-supplied incorrect information, customer modifications following handover, unauthorised third-party modifications, failures of independently operated third-party services, use of a product contrary to supplied instructions or circumstances outside our reasonable control, except to the extent that the loss was caused or contributed to by Cooper Delivered Digital or liability cannot lawfully be excluded.

Nothing in these Terms limits liability where doing so would be unlawful.

26. Changes to an Order or Project

A customer who wants to change an agreed project should contact Cooper Delivered Digital as soon as possible.

We may accept the requested change, explain its effect on the existing scope, adjust the timeframe, provide an additional quotation or decline a requested change where it is technically impractical, unlawful or outside the service we provide.

No additional paid work will be undertaken merely because an idea was discussed. Any material additional charge should be agreed before that additional work proceeds.

27. Disputes

If a problem arises, both parties should first make reasonable efforts to resolve it directly.

Customers should provide enough information for Cooper Delivered Digital to understand and investigate the issue.

Nothing in this clause prevents either party from exercising rights available under applicable law or approaching an appropriate regulator, tribunal or court.

28. Governing Law

These Terms are governed by the laws applicable in Western Australia, Australia, together with applicable Commonwealth legislation including the Australian Consumer Law.

Subject to any rights concerning jurisdiction that cannot lawfully be excluded, disputes will be dealt with by courts or tribunals having appropriate jurisdiction in Western Australia.

29. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be severed or read down to the extent necessary.

The remaining provisions will continue to operate to the extent permitted by law.

30. Entire Transaction

These Terms should be read together with the applicable Privacy Policy, Terms of Use, Refunds, Returns & Cancellations Policy, Software Licence Terms and project quote, proposal or scope of work, where applicable.

Together, those documents establish the applicable terms of the transaction.

31. Contact

Questions about a purchase, invoice or project should be submitted through Cooper Delivered Digital’s Contact page.

Please include the relevant order, invoice or project information so we can identify the transaction.