Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of The Website Company's services and website. By using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms constitute a legally binding agreement between you ("you", "your", or "Client") and The Website Company ("we", "us", "our", or "Company").

2. Services

The Website Company provides:

• Custom website design and development
• Website hosting and maintenance
• Content updates and modifications
• SSL certificates and security
• Technical support
• Optional SEO and content services

The specific services provided to you will be outlined in your chosen subscription plan (Starter, Growth, or Pro).

3. Subscription and Payment

3.1 Subscription Plans

Our services are offered on a monthly subscription basis. Your subscription automatically renews each month until cancelled.

3.2 Payment Terms

• No setup fees are charged
• First payment is due when your website goes live
• Monthly payments are automatically billed on the same day each month
• All prices are in Australian Dollars (AUD) and include GST
• Payment is due in advance

3.3 Late Payment

If payment fails, we will attempt to process it again. If payment remains unsuccessful after 7 days, we reserve the right to suspend services until payment is received.

4. Cancellation and Refunds

4.1 Cancellation Policy

You may cancel your subscription at any time by providing 30 days' written notice. Your cancellation will take effect at the end of the current billing cycle. No refunds will be provided for partial months.

4.2 Money-Back Guarantee

We offer a 30-day money-back guarantee for new clients. If you're not satisfied with our service within the first 30 days, we will provide a full refund of payments made.

4.3 Termination by Us

We reserve the right to suspend or terminate services immediately if:

• Payment is not received
• You breach these Terms
• Your website contains illegal or prohibited content
• Your actions harm our systems or other clients

5. Intellectual Property

5.1 Your Content

You retain ownership of all content you provide (text, images, logos, etc.). You grant us a licence to use this content solely to provide our services to you.

5.2 Our Work

The website design, code, and infrastructure remain our property during your subscription. Upon cancellation, we can provide your content in a portable format, but the underlying code and design remain our intellectual property.

5.3 Third-Party Resources

Some website elements may include third-party resources (fonts, icons, stock images). You must ensure you have appropriate licences for any third-party content you request.

6. Client Responsibilities

You agree to:

• Provide accurate information and content in a timely manner
• Ensure all content is legal and does not infringe on third-party rights
• Maintain the confidentiality of your account credentials
• Notify us immediately of any unauthorised use of your account
• Not use our services for illegal purposes or to transmit harmful code
• Comply with all applicable laws and regulations

7. Service Level and Uptime

We strive to maintain 99.9% uptime for hosted websites. However, we do not guarantee uninterrupted access and are not liable for:

• Scheduled maintenance (notified in advance when possible)
• Third-party service failures beyond our control
• Force majeure events
• DDoS attacks or other malicious activities

8. Updates and Modifications

The number of updates included depends on your subscription plan. Additional updates beyond your plan limits may incur extra charges. We will notify you before performing work that falls outside your plan.

Update turnaround times are typically 3-5 business days, though urgent requests may be accommodated where possible.

9. Limitation of Liability

To the maximum extent permitted by law, The Website Company shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Third-party actions or content

Our total liability for any claim shall not exceed the total amount paid by you in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless The Website Company from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your breach of these Terms
• Content you provide that infringes third-party rights
• Your illegal or unauthorised use of our services
• Your violation of any applicable laws or regulations

11. Privacy and Data Protection

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We comply with the Australian Privacy Principles under the Privacy Act 1988 (Cth).

12. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through our website. Continued use of our services after changes constitutes acceptance of the new Terms.

14. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

15. Contact Information

For questions about these Terms, please contact us: