LEGAL TERMS AND CONDITIONS - LAUNCH ONLINE SA INITIATIVE

Last Updated: January 20, 2025

1. DEFINITIONS

• "Initiative" refers to Launch Online SA, a non-commercial web development initiative.

• "Service Provider" refers to David Bello, the founder and developer of the Initiative.

• "Business Owner" refers to the South Australian small business receiving services.

• "Deliverables" refers to the web application and associated source code.

• "Support Period" refers to the one-month period following project delivery.

• "Third-Party Services" refers to hosting, domain registration, and any external services required.

2. ELIGIBILITY AND SCOPE

2.1. Business Eligibility

• The Initiative is exclusively available to small businesses registered in South Australia.
• The Service Provider reserves the right to request verification of business registration.
• The Initiative may decline participation without providing justification.

2.2. Project Scope

• Services are limited to web application development using Next.js.
• The scope shall be clearly defined in writing before project commencement.
• Any modifications to scope must be agreed upon in writing.
• The Service Provider reserves the right to limit project complexity.

3. SERVICE DELIVERY AND ACCEPTANCE

3.1. Development Process

• The Business Owner must provide all required content and materials.
• Development timeline estimates are non-binding.
• The Service Provider maintains full discretion over technical decisions.

3.2. Project Delivery

• Delivery occurs when the web application is deployed to the Business Owner's hosting service.
• The Business Owner has 7 days to report initial issues.
• Acceptance is assumed if no issues are reported within 7 days.

4. INTELLECTUAL PROPERTY AND OWNERSHIP

4.1. Pre-Existing Materials

• Each party retains rights to their pre-existing intellectual property.
• Open-source components remain subject to their respective licenses.

4.2. Ownership Transfer

• Upon project acceptance, all rights transfer to the Business Owner.
• Transfer includes source code and associated documentation.
• The Service Provider retains no rights or access to the delivered application.

5. LIMITATIONS OF LIABILITY AND WARRANTIES

5.1. Service Warranty Disclaimer

• Services are provided "AS IS" without any warranty.
• No guarantee of uninterrupted or error-free operation.
• No guarantee of business success or outcomes.
• No liability for consequential damages or lost profits.

5.2. Specific Exclusions

The Service Provider is not liable for:

• Server downtime or hosting issues
• Domain registration problems
• Third-party service interruptions
• Data loss or security breaches
• Content accuracy or legality
• Business performance
• Compliance with industry regulations
• Search engine rankings
• Browser compatibility issues
• Mobile device compatibility
• User experience outcomes
• Integration with third-party services
• Future technology changes affecting functionality

6. SUPPORT AND MAINTENANCE

6.1. Support Period Limitations

• Support limited to 7 calendar days post-delivery
• Support covers only technical bugs present at delivery
• Support excludes:

  • New feature requests
  • Content updates
  • Design changes
  • Server configuration
  • Third-party service issues
  • Training or documentation
  • Performance optimization
  • Security updates
  • Browser updates impact

6.2. Response Time

• No guaranteed response time for support requests
• Support provided on a best-effort basis
• Support limited to email communication

7. BUSINESS OWNER RESPONSIBILITIES

7.1. Technical Responsibilities

• Securing and maintaining hosting services
• Domain registration and renewal
• SSL certificate management
• Regular data backups
• Security monitoring
• Software updates post-support period

7.2. Content Responsibilities

• Content accuracy and legality
• Copyright compliance
• Privacy policy compliance
• Terms of service compliance
• Industry-specific regulatory compliance

8. TERMINATION

8.1. Termination Rights

• The Service Provider may terminate at any time if:

  • Business Owner provides false information
  • Project scope becomes technically unfeasible
  • Business Owner fails to provide necessary materials
  • Business Owner breaches these terms
  • Communication is lost for over 7 days
• No compensation or delivery obligations upon termination

9. INDEMNIFICATION

• The Business Owner shall indemnify the Service Provider against:

  • Third-party claims
  • Regulatory violations
  • Content-related disputes
  • Data privacy violations
  • Intellectual property claims
  • Business losses
  • Legal defense costs

10. FORCE MAJEURE

• No liability for delays or failures due to:

  • Natural disasters
  • Internet infrastructure failures
  • Cyber attacks
  • Government actions
  • Personal emergency or illness
  • Other unforeseen circumstances

11. SEVERABILITY

• If any provision is found invalid, remaining terms remain in effect

12. ENTIRE AGREEMENT

• These terms constitute the entire agreement
• No oral modifications are valid
• Written modifications must be signed by both parties

13. ACKNOWLEDGMENT AND ACCEPTANCE

By participating in the Initiative, the Business Owner acknowledges:

• Having read and understood these terms
• Accepting all limitations and responsibilities
• Having the authority to bind their business
• Understanding the non-commercial nature of the Initiative
• Accepting all risks associated with project implementation

Contact Information:

Launch Online SA

David Bello

Email: david.bello2996@gmail.com

Last Updated: January 20, 2025