Website Agreement

How you accept

You accept this Agreement, as a business and for that business's own use, by ticking the box on our secure Stripe payment page that says you agree to the Website Agreement for your business, and paying the first half. By doing that you confirm that:

• the business name and ABN you enter are correct, and the ABN is active;
• you're buying this for that business, not for personal, domestic or household use;
• you're allowed to accept for that business.

We keep a record of your acceptance and payment, and we email you a copy of this Agreement and your invoice. If you choose domain registration, choosing "Yes, register [domain]" on the payment page also gives us your authority to register that exact domain (clause 16).

How it works

1. Accept and pay the first half.
2. Send us your materials within 7 days: your photos, logo and details. If they're late, we finish with what we have, or pause the job until they arrive.
3. We finish your site within 7 days of getting your materials, building on the draft you've seen, and send you the link.
4. Two rounds of changes, then approve. Send each combined list through your private change page. We deliver the updated draft within 7 days of each list. Additional rounds are $100 each, agreed before work starts. Check the facts on your site, confirm they are accurate, and approve the version shown by typing your name and pressing "Approve my website". The final payment that follows completes sign-off.
5. Pay the second half and the first month's hosting, and your site goes live.

Price and payment

The website's price is $499 (AUD). Hosting is $50 a month from go-live (clause 17). We're not registered for GST, so no GST is charged.

• First half, $249.50, when you accept.
• Second half, $249.50, plus the first month's hosting ($50), when you approve the site. It goes live once this is paid. After that, hosting is charged to your card automatically each month.
• If you choose domain registration (clause 16), the domain fee in Schedule 2 is added to the first half and paid with it.

Everything is paid by card on our secure payment page. There are no late fees and no extra charges beyond those in this Agreement.

If you change your mind

• The first payment: it isn't refundable once it's paid. You see your draft before you pay.
• You can stop at any time by email or text. We stop work and you owe nothing more. We keep the first half.
• If we stop: we can end this Agreement in writing. Unless you've broken it, we refund everything you've paid.

If you go quiet

If we haven't heard from you for 30 days (after we send you the finished site, while the job is paused for your materials, or while the second half is unpaid), the job closes. We'll remind you at least once before that happens. When a job closes, you owe nothing more, we keep the first half for the work done, and the site doesn't go live. If you come back within 90 days, we'll pick it up again for the second half.

Your part

• Your materials. You confirm you're allowed to use the photos, logo and wording you give us, and that what you tell us about your business (like licences and prices) is true. If someone claims otherwise, you'll cover our reasonable costs of dealing with it, except any part we caused.
• Check before you approve. You approve what the site says about your business.
• Your domain and email. Your domain is in your name and is yours to keep paid and active. That includes a domain we register for you, from the day we hand it over (clause 16). Your email is yours too. Those services have their own terms, which are between you and them. We host your website (clause 17).

Who owns what

• Once you've paid in full, the site is yours: its design, pages and the words we wrote. We confirm this in writing in our go-live email. Until then, the draft and the site stay ours.
• We keep our own tools, templates and know-how. You get a free, permanent licence to use them as part of your site, even if you move it or have someone else work on it.
• Fonts and other parts made by others stay under their own licences, which allow business use.
• You can change or replace anything on your site, without crediting us.
• We'll only show your site in our portfolio if you say yes.

What we don't promise

We build with care and skill, but we don't promise a particular number of leads, sales or Google rankings. Those depend on your market and other things outside a website's control.

If something goes wrong

• Free fixes for 14 days after go-live. If anything we delivered doesn't work as described in Schedule 1, tell us within 14 days of go-live by email (max@maximiseperformance.com), text (0424 879 901) or post (our address above), and we fix it free. Claiming costs you nothing. This is on top of your other rights under the law.
• Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
• Because this is a business service, where the law allows it, if we fail a guarantee our responsibility is limited to doing the work again, or paying the cost of having it done again.
• For anything else, the most we're responsible for is the total you've paid us.
• Neither of us is responsible to the other for lost profits, lost jobs or other indirect losses.
• We're not responsible for services we don't control, such as Cloudflare, your domain provider or Google, or for changes you or others make to the site after go-live.
• None of these limits applies to fraud, or to anything the law says can't be limited.

After go-live

After go-live, we host your site (clause 17). Hosting includes up to 30 minutes of small changes a month. Bigger jobs are quoted in writing before we start, and you only pay if you approve the quote. Fixing faults in what we delivered is free for 14 days after go-live (clause 9), and for as long as we host it (clause 17).

Ending the agreement

Either of us can end this Agreement in writing if the other seriously breaks it and doesn't fix it within 14 days of being told. If you end it because we broke it, we refund everything you've paid. If we end it because you broke it, we keep the first half and you owe nothing more.

A business agreement

This is a business service, bought by a business with an ABN, for that business. That's why the cooling-off rules for phone and door-to-door sales to consumers don't apply to it. If the law says they do, you get those rights in full. Nothing in this Agreement takes them away.

Your information

We use your details to do this job, invoice you and contact you about it. We share them only with the services we use to do that (such as our payment and hosting providers and, if you choose domain registration, the domain registrar and auDA), and we never sell them. More in our Privacy Policy at maximiseperformance.com/privacy.

If we disagree

Tell us, and we'll both try to sort it out within 14 days. If we can't, either of us can ask the Victorian Small Business Commission for low-cost help. Nothing here stops either of us going to a court or tribunal.

General

• This Agreement and its Schedules are the whole agreement. Any change needs both of us to agree in writing (email is fine). Notices can be sent by email or text.
• Neither of us is responsible for delays caused by things outside our reasonable control, such as an outage or illness. We'll tell you and catch up as soon as we can.
• We may get help from people we trust, but we stay responsible for their work. Neither of us will transfer this Agreement without the other's agreement.
• If one part can't be enforced, the rest still applies. The laws of Victoria, Australia apply.

Domain registration (if you choose it)

If your business doesn't have a domain (a web address, like yourbusiness.com.au) yet, we can register one for you. It's optional.

• What it costs. The domain fee in Schedule 2 covers registering the domain and its first year. It's added to the first half and paid with it.
• The exact name, before you pay. The payment page shows the exact domain we'll register. You give us your authority by choosing "Yes, register [domain]" on the payment page. That authorises us to register that exact domain in your business's name and ABN, as your agent, and to accept the registrar's and auDA's terms on your behalf. We register only that domain.
• When. Only after you've accepted this Agreement and paid the first half.
• In your name, never ours. We register it as your agent, in your business's name and ABN, with VentraIP, a registrar accredited by auDA (the body that runs Australia's .au domains). As you've authorised, we accept the registrar's and auDA's terms for you. Those terms are between you and them.
• Your details must be right. You confirm that the business name, ABN and other details you give us for the domain are true, and that your business is eligible to hold it. The registration relies on them.
• If the name isn't available. We tell you and suggest alternatives. We register only a name you confirm in writing (email or text is fine). If we can't agree on one, we don't register anything and we refund the domain fee.
• Your account, your password. We create a domain account with VentraIP in your name and email, and register the domain inside it in your business's name and ABN. You set your own password at handover, the same day. We don't keep any password, and we don't go back into your account after handover.
• Handover. In your domain account, we point the domain at your website, which we host (clause 17), and change nothing else, such as your email. At handover we email you a notice: the domain, who it's registered to, the ABN, the date, its renewal date, and that it's yours from that day.
• We never hold it back. We hand the domain over straight away, and whenever you ask, even if an invoice from us is unpaid.
• After handover, it's yours to look after. At handover you add your own card and turn automatic renewal on, and we take our payment card off the domain account. Renewing it, paying for it, managing it and letting it expire are up to you. We have no further responsibility for it.
• What we can't promise. We're not responsible for whether a name is available, or for any later dispute about your right to it. This doesn't limit your guarantees under clause 9: we still register it with due care and skill.

Hosting

From go-live, we host your website on our own Cloudflare account, for $50 a month. Hosting is included when your site goes live, and you can leave any time. You start it by ticking the box on the go-live payment page that confirms hosting at $50 a month, and paying.

• Price. $50 a month from go-live, no GST. The first month is paid with the second half (clause 3). After that it's charged to your card automatically each month.
• What's included. Hosting your website, free fixes to anything we built, and up to 30 minutes of small changes a month, such as wording, photos, prices or opening hours. Unused time doesn't carry over. Schedule 3 sets it out.
• Bigger jobs. Anything more is quoted in writing before we start, and you only pay if you approve the quote.
• Not included. Email, and your domain and its renewal. They stay in your own accounts.
• No uptime guarantee. We host on Cloudflare. We take care to keep your site running, but we can't promise it will never be down, and we're not responsible for outages at Cloudflare. This doesn't limit your guarantees under clause 9.
• Cancel any time. Tell us by email or text. Hosting ends at the end of the month you've already paid for, and nothing more is charged. Within 7 days we send you your site's files, so you can host it elsewhere and point your domain there. There's no minimum term and no exit fee.
• If we end it. We can end hosting by giving you at least 30 days' written notice. We send you your site's files within 7 days of it ending.
• If a payment fails. We remind you. If it's still unpaid, we give you 14 days' notice by email or text, and then your site goes offline and your hosting is cancelled. You can restart hosting by paying again. Your site's files stay available to you.
• Your site stays yours. Hosting doesn't change who owns your site (clause 7).