Terms & Conditions

These Terms and Conditions (“Agreement”) govern all services provided by Website Guy (NSW) Pty Ltd ABN 83 626 746 629 (“Website Guy”, “we”, “us”, “our”) to you (“the Client”). By engaging our services, signing an Engagement Form, or making payment to Website Guy, you agree to be bound by this Agreement in full.

This Agreement is governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction over any dispute arising under this Agreement. These terms do not exclude any rights you may have under the Australian Consumer Law (“ACL”) which cannot lawfully be excluded.

1. Engagement & Scope of Work

1.1 Engagement Form

All projects commence upon the Client signing a Website Guy Engagement Form and paying the required deposit. The Engagement Form defines the agreed scope of work, package, pricing, and any specific inclusions agreed between the parties.

1.2 Scope Changes

Any changes, additions, or new requirements requested by the Client after the Engagement Form is signed are considered out-of-scope and will be quoted separately. Out-of-scope work will not commence until a written quote has been accepted and payment received in advance. If the Client moves the goalposts, the additional cost is not the responsibility of Website Guy.

1.3 Written Instructions Required

All content submissions, change requests, build instructions, and project correspondence must be submitted in writing via email to any Website Guy email address. For day-to-day minor edits and small content tweaks, a plain text email is sufficient. For new website builds and major updates, content may also be shared via a cloud-based storage folder such as Google Drive or Dropbox. Website Guy will advise the appropriate method at project commencement.

Acceptable digital formats include plain text email, Word documents, PDFs, Google Docs, and any other digital document format from which text can be directly copied and pasted. Images, logos, and other media must always be sent as separate attached files. Images embedded in documents or screenshots of images are not accepted as final supplied assets.

The following are not accepted under any circumstances:

• Verbal instructions (phone or in-person) without written follow-up
• Handwritten notes in any form
• Photographs or screenshots of handwritten text
• Screenshots of typed text that cannot be copied and pasted

Website Guy will not be held responsible for work not carried out as a result of instructions provided in an unacceptable format. Verbal discussions are welcome but must be followed up in writing to be considered binding.

1.4 Termination Requests & Account Transfers

All requests for account termination, domain name transfers, cPanel access, backup files, or domain name passwords must be submitted in writing via email to any Website Guy email address. Requests made via phone, SMS, or other channels will not be actioned until confirmed in writing.

2. Project Delivery & Timelines

2.1 Content Provision

Timely delivery of all required content by the Client, including but not limited to text, images, logos, business details, product information, and brand assets, is essential to keeping the project on schedule. Website Guy’s quoted turnaround time of approximately 5 to 6 weeks applies from the date all required content is received in full, not from the date of engagement.

2.2 Project Delays Due to Client

If the Client fails to provide required content, feedback, or approvals within a reasonable timeframe, the project will be placed on hold. When a project is placed on hold:

• Website Guy will continue to service other active projects in the queue
• The project will recommence when the Client provides the outstanding items and re-initiates contact
• Website Guy does not guarantee the same timeline upon recommencement. A new estimated delivery date will be provided at that time
• The minimum 24-month hosting and management contract continues to apply regardless of any project delay caused by the Client

2.3 Project Abandonment

If the Client fails to respond to multiple contact attempts across email, phone, and SMS over a period of 90 days or more, the project will be considered on hold indefinitely. The deposit paid is non-refundable. Website Guy reserves the right to formally close an abandoned project. The Client may recommence the project by contacting Website Guy, at which point a new timeline and any applicable recommencement costs will be agreed in writing.

2.4 Revisions

Website Guy does not impose a fixed limit on the number of revision rounds during a build, provided that revisions relate to the originally agreed scope of work. Revisions that constitute new requirements or scope changes will be treated as out-of-scope work under clause 1.2.

3. Fees, Payments & Billing

3.1 Pricing & GST

All prices quoted by Website Guy are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST at the current applicable rate will be added to all invoices. All amounts are in Australian Dollars (AUD).

3.2 Payment Terms

Standard payment terms for new website builds are as follows:

• Deposit to commence: 50% of the website build cost plus the first month’s management fee, due prior to work commencing
• Balance: the remaining 50% of the build cost, due upon go-live or at the 3-month mark from the commencement date, whichever occurs first

Payment plans are available on request and are interest-free. Payment plan schedules will be agreed in writing prior to commencement.

3.3 Hosting & Management Fees

Monthly hosting and management fees are charged in advance on a recurring basis. These fees are payable at all times for as long as the Client’s website remains hosted on Website Guy’s servers, regardless of the status of any website build project.

3.4 Failed Payments & Suspension

In the event of a failed payment, the following process applies:

• The Client will receive an automated notification after each failed payment attempt
• The Client may resolve outstanding invoices at any time via the billing portal or using the payment link provided in the notification
• After four (4) consecutive failed payment attempts, Website Guy reserves the right to suspend the Client’s hosting account
• A suspended account will remain on Website Guy’s servers for up to 30 days, during which time the Client may contact Website Guy to resolve the outstanding balance and have the account reinstated
• If the outstanding balance is not resolved within 30 days of suspension, Website Guy reserves the right to terminate the account and remove the website from its servers

3.5 Overdue Accounts & Debt Recovery

If an account remains overdue and the Client is either uncontactable or non-compliant after multiple contact attempts via email, phone, and SMS, Website Guy reserves the right to refer the outstanding debt to a third-party debt collection agency. All debt recovery costs, collection agency fees, and any associated legal costs will be added to the Client’s outstanding balance and become the sole liability of the Client.

3.6 Price Changes

Website Guy reserves the right to adjust hosting and management fees. Existing Clients will be provided with a minimum of 60 days written notice prior to any price increase taking effect.

3.7 Additional Works Approval

Website Guy will not carry out any work that incurs an additional cost without first obtaining the Client’s written approval. A quote will be provided and must be accepted in writing before work commences.

4. Hosting, Servers & Infrastructure

4.1 Hosting Contract Term

All hosting and management agreements have a minimum term of 24 months from the commencement date, including Migration packages. By signing the Engagement Form, the Client acknowledges and accepts this minimum term.

4.2 Early Termination

Should the Client wish to cease hosting with Website Guy prior to the expiry of the minimum 24-month term, the following applies:

• The full outstanding balance of the remaining contract term must be paid in full before Website Guy will provide a website backup, cPanel access, domain name credentials, or any combination thereof
• Any outstanding invoices must also be paid in full prior to the handover of any website files, access credentials, or domain name details
• The Client owns their website at all times. Website Guy does not claim ownership of the Client’s website or its content
• Domain names are registered in the Client’s name and remain the property of the Client at all times

4.3 Server Infrastructure

Website Guy’s hosting services are delivered via dedicated servers managed by a third-party infrastructure provider, physically located in Australia. Website Guy performs regular server maintenance, updates, and reboots, typically scheduled during overnight hours to minimise disruption to Client websites.

4.4 Resource Usage

Hosting is provided for normal website operation only. Website Guy sets resource quotas for each hosting account and will notify the Client if their account approaches or exceeds its allocated limits. Website Guy reserves the right to charge additional fees for resource usage that materially exceeds the standard allocation, but will obtain the Client’s written approval before doing so.

4.5 Backups

Website Guy performs incremental daily and weekly backups of all hosted websites, with a retention period of up to 3 months. Backups are stored through Acronis, providing an additional layer of offsite protection. Whilst Website Guy makes every reasonable effort to maintain reliable backups, data loss may occur in exceptional circumstances. Website Guy’s liability in the event of data loss is limited to restoration from the most recent available backup. Clients are encouraged to maintain their own copies of website content and data.

4.6 SSL Certificates

Website Guy provisions and maintains SSL certificates for all hosted websites. In the event of an SSL certificate issue, Website Guy will rectify the matter as promptly as practicable.

4.7 Third-Party Infrastructure

Website Guy’s hosting services rely on third-party server infrastructure and data centre facilities. In the event of an outage, disruption, or failure caused by a third-party provider, Website Guy will communicate transparently with affected Clients and work to restore services as quickly as possible. Website Guy is not liable for loss or damage resulting from events outside its reasonable control, including data centre outages, cyber attacks on infrastructure providers, natural disasters, or other force majeure events.

5. Domain Names & DNS

5.1 Domain Ownership

All domain names are registered in the Client’s name and remain the property of the Client at all times. Website Guy manages domain registrations and DNS configuration on behalf of the Client as part of its hosting service.

5.2 Domain Transfers

Requests to transfer a domain name away from Website Guy must be submitted in writing via email. Domain transfer credentials will be provided once all outstanding invoices have been paid and, where applicable, the minimum contract term has been satisfied or paid out.

5.3 DNS Configuration

Website Guy manages DNS records for hosted websites and email. Any DNS changes requested by the Client must be submitted in writing. Website Guy will not be held liable for service disruptions resulting from DNS changes made by the Client or a third party without Website Guy’s knowledge.

6. Professional Plugins & Licences

Website Guy utilises premium plugins and software licences assigned to its agency accounts to deliver and maintain Client websites. These licences are provided as part of the hosting and management service.

Should the Client choose to move their website away from Website Guy’s hosting, all premium plugin licences assigned to Website Guy’s agency accounts will be revoked. This may result in certain website functionality being reduced or ceasing to operate. It will be the responsibility of the Client or their new host to source and activate replacement licences for any affected plugins. Website Guy will provide a list of affected plugins upon request.

7. Email Hosting & Configuration

Email hosting and configuration services are provided on a monthly or annual subscription basis. Email services are subject to the same payment and suspension terms outlined in Section 3. Website Guy provides correct mail server settings to Clients and their IT contacts upon request. Website Guy is not responsible for configuration issues arising from the Client’s mail client, device settings, or third-party IT providers.

8. Intellectual Property

8.1 Client Content

The Client warrants that all content, images, logos, text, and other materials provided to Website Guy for inclusion in the website are either owned by the Client or that the Client has obtained all necessary permissions and licences to use them. Website Guy accepts no responsibility for any intellectual property infringement arising from Client-supplied materials.

8.2 Website Ownership

The Client owns their website and all content within it from the commencement of the project. Website Guy does not claim ownership of any website it builds or manages on behalf of a Client.

Upon completion of the minimum 24-month term, or upon payment of all remaining months in the event of early termination in accordance with clause 4.2, full access to the website, including website files, cPanel access, and domain name credentials, will be provided to the Client. Website Guy reserves the right to withhold the handover of any website files or access credentials until all outstanding invoices have been paid in full.

8.3 Website Guy’s Portfolio Rights

Website Guy reserves the right to display completed and inherited Client websites in its portfolio, on its website, and across its social media channels for the purpose of showcasing its work. Website Guy will accurately represent its role. Websites built by Website Guy will be presented as such, and websites inherited or migrated (but not originally built by Website Guy) will be presented accordingly. If the Client wishes to opt out of portfolio use, they may notify Website Guy in writing and their website will be removed from portfolio materials within a reasonable timeframe.

8.4 Photography & Media

Where Website Guy provides photography or media production services as part of a package, the copyright in all photographs and media produced remains with Website Guy (NSW) Pty Ltd. The Client is granted a perpetual, royalty-free licence to use the final edited photographs and media for their own business purposes, including their website, social media, and printed marketing materials. The Client may not sell, sublicense, or transfer the photographs to third parties. Raw or unedited files are not provided. Website Guy retains the right to use photographs and media produced for Clients in its own portfolio and marketing materials.

8.5 Branding Package

Where the Client has engaged Website Guy for a Full Branding Package, the following specific terms apply in addition to the general intellectual property provisions above.

The Branding Package includes the design of a logo, brand style guide, business card, letterhead, QR code directed to the Client website, and social media design assets. All elements are designed specifically for the Client.

Logo design process:

• Website Guy presents three (3) initial logo concepts for the Client to choose from
• The Client is entitled to up to three (3) rounds of revisions on their chosen concept
• Once the logo is approved by both parties in writing, the design is finalised and signed off
• Further revisions or redesigns after sign-off are out-of-scope and will be quoted separately

Upon full payment, the Client receives final files in the following formats: Adobe Illustrator (.ai), Encapsulated PostScript (.eps), PDF, and PNG. These files are provided for the Client unlimited business use.

Website Guy branding designs are produced using industry-standard Adobe tools. Where template structures are used as a starting point, all final creative work is customised for the Client. Prospective clients are shown examples of Website Guy work prior to engagement.

Website Guy does not arrange printing of any branding materials. Print-ready files are provided upon project completion. Website Guy recommends Office Works or Vista Print for printing and all files comply with their print guidelines. The Client is responsible for sourcing their own printing.

If the Client cancels the Branding Package after work has commenced, the deposit is non-refundable. Work completed to the point of cancellation may be invoiced at Website Guy standard rate.

Website Guy reserves the right to display completed branding work including logos and brand assets in its portfolio, on its website, and across social media to showcase its work. The Client may opt out by notifying Website Guy in writing.

8.6 Website Guy Branding

Website Guy reserves the right to include a discreet “Website by Website Guy” or equivalent credit in the footer of websites it builds or manages. The wording will accurately reflect Website Guy’s role in relation to the website.

9. Client Responsibilities

9.1 Credential Security

The Client is responsible for maintaining the security and confidentiality of all login credentials provided by Website Guy, including website admin access, cPanel details, and email passwords. Any damage to the website or data arising from the Client sharing credentials with unauthorised parties will be the Client’s responsibility and will be rectified at the Client’s cost.

9.2 CMS Usage & Self-Inflicted Damage

Where Website Guy provides CMS training or admin access to the Client, the Client accepts responsibility for any changes they make to the website after that point. Website Guy will rectify damage caused by Client-made changes at its standard hourly rate. The extent of the cost will depend on the time required to restore affected functionality. Clients will be advised of the estimated cost before work is carried out.

9.3 Legal Compliance

The Client is solely responsible for ensuring that the content published on their website complies with all applicable Australian laws and regulations, including but not limited to the Spam Act 2003, the Privacy Act 1988, the Australian Consumer Law, and any industry-specific regulations. Website Guy is not liable for any legal consequences arising from non-compliant content published by the Client.

9.4 Third-Party Services

Where Website Guy assists the Client with third-party services such as Google Ads, Google My Business, or Google Analytics, the Client acknowledges that these services are operated by third parties whose terms, pricing, and policies are outside Website Guy’s control. Website Guy is not liable for changes to third-party platform policies, pricing, or availability.

10. Refund Policy

10.1 Website Builds

Once work has commenced on a website build (including planning, design, content structuring, or development) the deposit paid is non-refundable. If a project is cancelled by the Client after commencement, the deposit is forfeited and any work completed up to the point of cancellation may be invoiced at Website Guy’s standard rate, up to the total project value.

10.2 Hosting & Management

Monthly and annual hosting fees are non-refundable once a billing period has commenced. If a Client cancels their hosting mid-period, no pro-rata refund will be issued for the remaining period.

10.3 Australian Consumer Law

Nothing in this refund policy excludes or limits any rights the Client may have under the Australian Consumer Law that cannot lawfully be excluded. Where a service fails to meet a consumer guarantee under the ACL, the Client may be entitled to a remedy under that legislation.

11. Warranties & Limitations of Liability

11.1 Service Quality

Website Guy warrants that its services will be provided with due care and skill, and that the websites it delivers will be reasonably fit for the purpose agreed in the Engagement Form.

11.2 No Guarantee of Results

Except where explicitly stated in a signed agreement, Website Guy makes no guarantee of specific business outcomes, sales, enquiries, or rankings resulting from a website build or digital marketing service.

11.3 Google Page One Promotion

Where Website Guy has offered a promotion guaranteeing the Client’s business can be found on page one of Google within 3 months of website launch, this applies exclusively to websites built from the ground up by Website Guy on its own dedicated servers using its standard platform and tools. The guarantee may be satisfied through the website itself, Google Business Listing, or other directory listings. This promotion applies to new builds only and does not apply to inherited, migrated, or third-party hosted websites.

11.4 Limitation of Liability

To the maximum extent permitted by law, Website Guy’s total liability to the Client for any claim arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, is limited to the total fees paid by the Client to Website Guy in the 3 months preceding the event giving rise to the claim. Website Guy is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of revenue, loss of profits, or loss of data.

12. Termination

12.1 Termination by Client

The Client may terminate this Agreement by providing written notice to admin@websiteguy.com.au. Termination does not relieve the Client of any outstanding financial obligations, including the remaining balance of the minimum 24-month contract term. All outstanding invoices must be settled before Website Guy will release domain credentials, provide backups, or transfer cPanel access.

12.2 Termination by Website Guy

Website Guy reserves the right to terminate this Agreement and the Client’s hosting account in any of the following circumstances:

• The Client has failed to pay outstanding invoices and is uncontactable or non-compliant after multiple contact attempts
• The Client has published illegal, defamatory, or harmful content on their website
• The Client has engaged in abusive, threatening, or unreasonable conduct toward Website Guy staff
• The Client has materially breached any term of this Agreement or the Engagement Form

In the event of termination by Website Guy under this clause, any remaining balance of the contract term may be recovered as a debt.

12.3 Effect of Termination

Upon termination, the Client’s website will be removed from Website Guy’s servers. Where termination is due to non-payment or breach, Website Guy is not obligated to provide backups or access credentials until all outstanding amounts are settled.

13. Dispute Resolution

In the event of a dispute arising from this Agreement, the parties agree to the following process:

• The Client must submit the dispute in writing to admin@websiteguy.com.au, clearly describing the nature of the issue
• Website Guy will respond in writing within 7 business days
• Both parties agree to attempt to resolve the dispute in good faith within 21 days of the initial written notice
• If the dispute cannot be resolved directly, both parties agree to attempt mediation through a mutually agreed mediator before commencing any legal proceedings
• Legal proceedings may only be commenced in the courts of New South Wales, Australia

Website Guy’s goal is always to resolve issues and get projects back on track. It is in everyone’s best interest to reach a mutually agreeable outcome.

14. Privacy

Website Guy collects and holds Client personal and business information for the purpose of providing its services. This information is handled in accordance with Website Guy’s Privacy Policy, available at https://websiteguy.com.au/privacy-policy. Website Guy will not disclose Client information to third parties except where required to deliver services (e.g. domain registration, hosting infrastructure) or where required by law.

15. General

15.1 Entire Agreement

This Agreement, together with the signed Engagement Form, constitutes the entire agreement between the parties and supersedes all prior discussions, representations, and agreements.

15.2 Amendments

Website Guy reserves the right to update these Terms and Conditions from time to time. Updated terms will be published at websiteguy.com.au/terms-conditions. Continued use of Website Guy’s services following publication of updated terms constitutes acceptance of those terms.

15.3 Severability

If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision will be severed from the Agreement. The remaining provisions will continue in full force and effect.

15.4 Governing Law

This Agreement is governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales.

Contact
Website Guy (NSW) Pty Ltd
(02) 4329 2814  |  0433 877 148
admin@websiteguy.com.au
https://websiteguy.com.au