Terms And Conditions - webbotica.com.au

Agreement & scope

These Terms & Conditions apply when Webbotica provides services to you. Your accepted quote, proposal, order, statement of work or other written scope forms part of the agreement and sets out the specific services, deliverables, fees, timing and any special conditions for your project.

If a project-specific document conflicts with these general terms, the project-specific document will apply to that issue unless doing so would be unlawful. We may agree to changes in writing, including by email.

Quotes, proposals & changes

A quote or proposal is based on the information available when it is prepared. It covers the work described in that document, not every task that may later become useful or desirable.

Included work — the deliverables, inclusions and revision allowance stated in the accepted scope.
Additional work — new pages, functionality, integrations, campaigns, content, revisions or other work outside the agreed scope may be quoted separately or added with your approval.
Assumptions — if important project information changes after acceptance, we may need to revise timing, scope or fees before continuing.

We will not intentionally add chargeable out-of-scope work without discussing it with you first.

What we need from you

Good work depends on timely and accurate input from both sides. You agree to:

provide information, approvals, access and materials reasonably required for the agreed work;
make sure information you give us is accurate and that you have the right to use supplied logos, images, video, copy, trademarks, customer data and other materials;
review deliverables and provide feedback within a reasonable time;
keep account credentials and access methods reasonably secure; and
tell us about legal, regulatory, industry or platform requirements that are specific to your business and relevant to the work.

If delays in receiving information, access or approval affect delivery, project dates may move accordingly.

Website projects

Website projects are built around the agreed scope, customer journey and functionality. The exact platform, number of pages, integrations, content responsibilities, revision allowance and launch process are set out in the accepted proposal or quote.

Revisions — included revisions are intended to refine agreed work. A material change in direction or new functionality may be treated as additional scope.
Content — where you supply content or assets, you remain responsible for their accuracy, legality and permissions. Where Webbotica prepares content, you should review factual and business-specific claims before publication.
Launch — we may require final approval, required access and payment of amounts then due before a website is launched or transferred.
After launch — ongoing hosting, maintenance, content changes, SEO, advertising or other support are included only where your plan or scope says they are.

Fees, billing & payment

Fees are in Australian dollars unless stated otherwise. GST will be added or shown where applicable. The payment schedule, deposit, recurring billing cycle and any minimum service period are the amounts and dates stated in the accepted quote, proposal or order.

Project work — a deposit or progress payment may be required before work starts or before a project moves to the next stage.
Recurring services — monthly or annual services are billed according to the agreed billing cycle and continue for the agreed term unless cancelled in accordance with these terms and the applicable proposal.
Third-party costs — advertising spend, premium software, licences, domains, external platforms or other pass-through costs are separate unless expressly included.
Overdue invoices — if an amount remains materially overdue after reasonable notice, we may pause affected work or managed services until the account is brought up to date, where lawful and reasonably practicable.

We may use a third-party payment or invoicing provider. Any payment-card information provided directly to that provider is handled under that provider’s terms and privacy practices.

Domains, hosting & Website Essentials

Our preferred arrangement is to keep the client in control of their domain while Webbotica manages the technical services that have been agreed. Where Webbotica manages hosting, DNS, a domain account or related infrastructure, you authorise us to hold the access reasonably required to provide that service.

Domain ownership — where practicable, the domain should be registered to or for the benefit of the client. You remain responsible for providing accurate registrant information and paying any registrar fees not included in our scope.
Managed hosting — hosting, backups, updates, security monitoring, uptime checks or technical care are provided only to the extent included in the applicable plan.
Your own hosting — you may request transfer to hosting or infrastructure you control. We can provide reasonable transfer assistance, which may be chargeable if it falls outside the agreed scope.
After transfer — once a website or domain is transferred away from Webbotica-managed infrastructure, Webbotica is not responsible for future hosting, backups, updates, security, DNS, email configuration or technical issues unless separately agreed.

Ownership & intellectual property

Unless the proposal states otherwise, after all amounts due for the relevant project have been paid, you receive the rights needed to use the final website, designs, copy or other deliverables created specifically for your business.

Webbotica retains ownership of pre-existing materials, reusable components, development methods, frameworks, internal tools, know-how, templates and systems that were not created exclusively for you. Third-party software, fonts, plugins, stock assets, APIs and similar items remain subject to their own licences and terms.

Unless you ask us not to, we may identify your business as a Webbotica client and show publicly available final work in our portfolio or case studies. We will not knowingly publish confidential commercial information without permission.

SEO, advertising & growth services

Search engines, advertising platforms, competitors, customer behaviour and market conditions are outside Webbotica’s control. We therefore do not guarantee a particular Google ranking, traffic level, number of enquiries, advertising cost, return on ad spend, platform approval or business result.

SEO — we work on the activities included in your scope, which may include technical, on-page, local or content optimisation. Results can take time and may change as search engines and competitors change.
Advertising — management fees do not include media/ad spend unless expressly stated. Platform charges may be paid directly by you or handled as described in your proposal.
Tracking — accurate measurement can depend on cookies, consent settings, browser restrictions, platform attribution and third-party systems. Reported results may therefore differ between platforms.
Platform rules — campaigns and accounts remain subject to Google, Meta and other platform policies, review processes and account decisions.

We will perform the agreed work with reasonable care and skill, but a marketing service is not a promise of a particular commercial outcome.

Content, CRM & automation

Where content creation, CRM, enquiry capture, follow-up, review requests or automation are included, the exact workflow and output are defined by the agreed scope.

Content — you should review business-specific facts, offers, pricing, claims and regulated information before publication.
Customer data — both parties must handle personal information in accordance with applicable law and the agreed purpose. You must not instruct us to upload, use or message customer data unlawfully.
Automated messages — where we configure follow-ups, review requests, email or messaging workflows, consent, identification, unsubscribe and other legal requirements must be respected where applicable.
Automation — automated workflows depend on connected systems and may occasionally fail, delay or behave differently after a third-party platform change. We will take reasonable steps to configure and maintain systems within the agreed scope.

Third-party services

Webbotica services may rely on third-party providers such as WordPress, hosting providers, domain registrars, email services, Google, Meta, payment providers, plugins, APIs, cloud tools or other software. Those services have their own terms, availability, pricing and policies.

We are not responsible for a third party changing its product, pricing, API, policy, algorithm, account status or availability. If a third-party change materially affects your service, we will take reasonable steps to explain the impact and, where practical, recommend an alternative or revised approach.

We may use standard software, automation and AI-assisted tools as part of our workflow to improve efficiency. Webbotica remains responsible for reviewing and delivering the work we provide to you, subject to these terms and the agreed scope.

Pausing, cancellation & ending services

The minimum term, cancellation notice and renewal arrangement for a recurring service are the ones stated in the accepted proposal or order. If no minimum term is stated for a recurring monthly service, it continues month-to-month until cancelled before the next billing period.

Monthly services — cancellation normally takes effect at the end of the current paid billing period unless otherwise agreed or required by law.
Annual services — an annual service continues for the paid annual period. Any automatic renewal arrangement will be disclosed as part of the purchase or proposal.
Project cancellation — if you cancel a project after work has started, amounts already paid may be applied to work performed and non-refundable third-party costs already committed. Any further amount due will be based on the agreed scope and work reasonably completed up to cancellation.
Our right to pause or end work — we may pause or end a service after reasonable notice where there is serious non-payment, unlawful use, abusive conduct, a material security risk, or a material breach that is not remedied within a reasonable opportunity where appropriate.

Where a managed website or domain needs to be transferred at the end of the relationship, we will provide reasonable cooperation once amounts properly due are paid and any required third-party transfer process is satisfied.

Consumer guarantees & refunds

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

Where the Australian Consumer Law applies, services may come with guarantees including that they will be provided with due care and skill, be reasonably fit for a purpose you made known where applicable, and be supplied within a reasonable time where no time has been agreed.

Remedies for a problem with a service depend on the circumstances and applicable law. A change-of-mind cancellation is different from a remedy for a service that fails to meet a legal guarantee. Any refund, re-performance, cancellation or compensation right that cannot lawfully be excluded continues to apply regardless of anything else in these terms.

Responsibility & liability

Each party is responsible for the things reasonably within its control. Webbotica is responsible for performing the agreed services with reasonable care and skill. You are responsible for your business decisions, information and materials you provide, and how you use the delivered services.

To the extent permitted by law, Webbotica is not responsible for loss caused by inaccurate client-supplied information, unauthorised changes made by you or another provider, misuse of a service, third-party platform outages or account actions, or events outside our reasonable control.

Nothing in this section limits liability where doing so would be unlawful, including rights or remedies that cannot be excluded under the Australian Consumer Law.

Confidentiality

If either party receives non-public business, technical or commercial information from the other in connection with a project, it should be treated as confidential and used only as reasonably required to perform or receive the agreed services.

This does not prevent information being used or disclosed where it is already public through no breach of confidence, independently known, required by law, or shared with a service provider or adviser who reasonably needs it and is subject to appropriate confidentiality obligations.

Changes to these terms

We may update these public terms from time to time as Webbotica’s services, technology or legal obligations change. The latest version will be published on this page with an updated date.

A material change to terms governing an existing fixed project or committed service period will not simply replace an agreed project-specific term without notice or agreement where that would be unfair or unlawful. New or renewed work may be subject to the version in effect when it is accepted.

Contact & governing law

If you have a question about these terms or an active agreement, contact Webbotica before proceeding so we can clarify the scope or issue.

Email hello@webbotica.com.au

Unless another law must apply, these terms and the services supplied under them are governed by the laws of New South Wales, Australia, and the parties submit to the courts and tribunals with jurisdiction there.

Clear terms for working together.