Terms of Service

1. About these terms

These Terms of Service (“Terms”) govern your use of the Websites That Convert website and the services we provide. In these Terms, “we”, “us” and “our” mean Adelaide Web Design Agency Pty Ltd (ABN 39 689 192 167), trading as Websites That Convert, and “you” means the person or business using our website or engaging our services.

By using our website or engaging our services, you agree to these Terms. If you do not agree, please do not use our website or services.

2. Use of our website

You may use our website for lawful purposes only. You agree not to use it in any way that is unlawful, harmful, or that could damage or interfere with the website or another person’s use of it.

All content on our website — including text, graphics, logos, designs and layouts — is owned by us or our licensors and is protected by intellectual property laws. You may not copy, reproduce or reuse it without our written permission.

3. Our services

We provide website design, development and related digital marketing services. Our website builds are offered as fixed-price packages (currently Launch, Growth and Pro), as described on our website. The specific scope, deliverables and price for your project will be set out in your quote or proposal, which forms part of your agreement with us together with these Terms.

4. Quotes and agreement

When we provide a quote or proposal and you accept it (including by signing our agreement and/or making your first payment), a binding agreement is formed between us on these Terms and the terms of that quote or proposal.

5. Fees and payment

• Our package prices are shown on our website in Australian dollars, exclusive of GST (GST is added on your invoice).
• Payment is made in two instalments: a 50% deposit before we begin, and the remaining 50% before your website goes live.
• Work begins once we receive your deposit.
• Your website will not be made live, handed over, or transferred to you until the balance is paid in full.
• If a payment is overdue, we may pause work on your project until it is received.

6. Project timeframes

We aim to complete most websites within two to four weeks of receiving everything we need from you. Timeframes are estimates only and depend on you providing content, materials and feedback promptly. Delays in providing these may extend your project timeframe.

If we do not receive the content, materials, feedback or approvals we need to progress your project within 60 days, we may pause or close your project. Reactivating a paused or closed project may incur a fee, and any payments already made remain non-refundable.

7. Your responsibilities

To deliver your project, we need your cooperation. You agree to:

• Provide the content, images, materials and information we request, in a timely manner
• Provide timely feedback and approvals at each stage
• Ensure you own or have permission to use any content, images, logos or materials you supply to us, and that they do not infringe anyone’s rights

You are responsible for the accuracy and legality of any materials you provide. You indemnify us against any claim, loss or liability arising from materials, content or instructions you supply to us, including any claim that they infringe another person’s rights or breach any law.

8. Design mockup and approval

Before development begins, we design a full mockup of your website and revise it until you approve it. Your approval of the mockup locks the design and scope: the approved mockup is exactly what we build. Any change after you have approved the mockup, such as a new design direction, additional pages or new features, is a change of scope, which we quote separately at $145/hour + GST and which you approve before we proceed.

9. Handover and post-launch

Once your balance is paid, we hand over and make your website live.

Because your website is built to the mockup you approved, any changes or additional work after launch, such as new pages, features, redesigns, custom coding or other amendments, are billable at $145/hour + GST, or may be covered by a Website Care Plan (clause 11) where applicable.

We will always correct any genuine fault in the work we delivered, as required by the Australian Consumer Law.

10. No guarantee of results

We build your website to a high standard and apply search engine optimisation (SEO) best practice. However, we do not guarantee specific search rankings, traffic, leads, sales or revenue, as these depend on many factors outside our control.

11. Ongoing services and no lock-in

Website builds are one-off projects. Once your website is built, paid for and handed over, it is yours — there is no ongoing contract and nothing to lock into.

We also offer optional monthly services:

• Web Hosting — $29.99/month + GST: website hosting, SSL certificate, uptime monitoring and regular backups.
• Website Care Plan — $129.99/month + GST: everything in Web Hosting, plus software, plugin and theme updates, security updates, and a reasonable volume of minor content updates (text and images) each month, under fair use. The Care Plan does not cover new pages, new features, redesigns or custom development, which are billable at $145/hour + GST.

Premium or third-party plugin and theme licences are paid by you and are not covered by the Care Plan. If a required licence lapses, we are unable to update that plugin or theme.

Our monthly services are provided month-to-month with no lock-in: there is no minimum term and you may cancel at any time. Cancellation takes effect at the end of your current billing month, and fees already paid for the current month are non-refundable.

Because we host your website, if you cancel your hosting or Care Plan, your website will go offline unless you move it to another provider. You are responsible for migrating your website, and any assistance we provide with migration is billable at $145/hour + GST.

12. Intellectual property and ownership

On full payment of all fees for your project, you own the final website we deliver to you. We retain ownership of any underlying templates, frameworks, code libraries and pre-existing materials we use to build it, and of any concepts or designs not selected in the final website.

Premium or third-party plugins, themes, fonts, images and services remain the property of their respective owners and are licensed to you under their own terms. You are responsible for those licences and their renewals.

You own your domain name. If we register or manage it on your behalf, it remains yours.

We may feature your completed website and our work for you in our portfolio and marketing, unless you ask us in writing not to.

13. Domain and third-party costs

You are responsible for your domain name registration and renewal, and for any third-party licences, subscriptions or costs required for your website — for example premium plugins or themes, stock images, fonts, and external services such as email or booking tools — unless they are expressly included in your quote.

14. Third-party services

Your website and our services rely on third-party tools, platforms and hosting (for example, our CRM, hosting infrastructure, payment processors and analytics). We are not responsible for the availability, performance or acts of those third parties, though we take reasonable steps to work with reputable providers.

15. Cancellation and refunds

All payments, including your deposit, are non-refundable. We do not offer refunds for a change of mind — our commitment is to revise the mockup until you approve it before we build.

If you cancel your project after work has begun, you remain liable for work completed, and any payments made are non-refundable. You can cancel any monthly service as set out in clause 11.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Australian Consumer Law or any other law where to do so would be unlawful. Our services come with guarantees that cannot be excluded under the Australian Consumer Law.

17. Limitation of liability

To the extent permitted by law, and except for rights under the Australian Consumer Law that cannot be excluded:

• Our total liability to you for any claim arising out of or in connection with our services is limited to the amount you have paid us for the relevant project.
• We are not liable for any indirect, incidental or consequential loss, including loss of profits, revenue or data.

18. Privacy

We handle your personal information in accordance with our Privacy Policy, available on our website.

19. Changes to these terms

We may update these Terms from time to time. The current version will always be available on this page, with the “last updated” date shown above. Your continued use of our website or services after changes are published means you accept the updated Terms.

20. Governing law

These Terms are governed by the laws of South Australia, Australia, and you agree to the non-exclusive jurisdiction of the courts of that state.

21. Contact us

Adelaide Web Design Agency Pty Ltd (ABN 39 689 192 167), trading as Websites That Convert

Email: hello@websitesthatconvert.com.au

Adelaide, South Australia