Terms & Conditions

1. Service Agreement

1.1 Acceptance

By purchasing any service from The Web Solution Team ABN 63 682 316 525 ("TWST", "we", "us"), you ("Client", "you") agree to these Terms & Conditions.

1.2 Service Delivery

• Website Packages: Turnaround times are estimates (Starter: 5-7 business days, Business: 10-14 business days, Premium: 2-3 weeks) from receipt of all required content and assets.
• Recurring Services: Begin within 5 business days of payment and setup completion.
• Setup Fees: Are one-time, non-refundable charges for initial configuration.

2. Payment Terms

2.1 Pricing

• All prices are in Australian Dollars (AUD) and include GST where applicable.
• Prices are subject to change with 30 days' notice for recurring services.

2.2 Payment Methods

• Payment is processed securely via Stripe.
• We accept major credit and debit cards.

2.3 Recurring Billing

• Monthly subscriptions are billed on the same date each month.
• Failed payments will be retried. Services may be suspended after 7 days of non-payment.

3. Refund Policy

3.1 Website Packages (One-Time)

• Before Work Begins: Full refund minus 10% administration fee.
• After Work Begins: Refunds calculated on a pro-rata basis for work not yet completed.
• After Delivery: No refunds once the website files are delivered and approved.

3.2 Recurring Services (CRM, Automation, Add-Ons)

• Cancel anytime with no penalty.
• No refunds for partial months.
• Services remain active until the end of the billing period.

3.3 Setup Fees

Setup fees are non-refundable once work has commenced.

4. Website Ownership & Portability

4.1 Website Files

• Websites are built as standalone code files.
• You own your website. Upon full payment, you receive complete ownership of all website files, code, and content created specifically for you.
• Website files can be exported and hosted on any compatible hosting provider of your choice.

4.2 What You Receive

• Complete website source code files
• All images, graphics, and content created for your project
• Documentation for self-hosting (upon request)

4.3 Free Portability

• If you choose to leave, we will provide your website files at no additional charge.
• Basic handover documentation is included.
• Migration assistance to your new hosting provider is available for $150/hour if required.

5. Platform-Dependent Features

5.1 The Web Solution Team Platform

The following features are powered by The Web Solution Team platform and require an active subscription to function:

• E-commerce / Online Store
• Booking & Appointment System
• CRM & Lead Management
• Automated Workflows
• Invoicing & Payments
• Social Media Automation
• Missed Call Text Back
• AI Receptionist (Maya)
• Review Management
• Platform-integrated Contact Forms

5.2 What Happens If You Cancel Your Platform Subscription

• Your website files: Remain yours. You can host them anywhere.
• Platform features: Will cease to function (e-commerce, bookings, CRM, automations).
• Data export: We will provide your contact and lead data in CSV format upon request.
• Store products and orders: Historical data can be exported; live store functionality will stop.

5.3 Alternative Solutions

If you cancel your platform subscription but wish to retain certain features:

• We can recommend third-party alternatives (e.g., Shopify for e-commerce, Calendly for bookings)
• Integration of alternatives into your exported website is quoted separately

6. Client Responsibilities

6.1 Content & Assets

• You are responsible for providing all content, images, logos, and information required for your project.
• Delays in providing materials may extend delivery timelines.

6.2 Accuracy

• You warrant that all information provided is accurate and does not infringe on third-party rights.
• You are responsible for ensuring your business complies with Australian Consumer Law and relevant industry regulations.

6.3 Approvals

• You must provide feedback and approvals within 7 business days.
• Projects are deemed approved if no response is received within 14 days of delivery.

7. Revisions & Scope

7.1 Included Revisions

• Starter Website (3 pages): 2 rounds of revisions
• Business Website (6 pages): 3 rounds of revisions
• Premium Website (10 pages): 5 rounds of revisions

7.2 What Counts as a Revision

• A revision round includes all feedback submitted within a single request.
• Multiple items in one email counts as one revision round.

7.3 Additional Revisions

Extra revisions beyond the included rounds are charged at $75 per hour.

7.4 Scope Changes

• Requests outside the original scope (additional pages, new features) will be quoted separately.
• Scope changes may affect delivery timelines.

8. Intellectual Property

8.1 Your Ownership

Upon full payment, you own:

• All website content and copy written for you
• Custom designs and graphics created for your project
• Your website source code files

8.2 Our Retention

We retain ownership of:

• Proprietary tools, frameworks, and templates used in development
• Third-party licensed assets (stock photos, fonts, plugins) – subject to their respective licences
• The Web Solution Team platform and its underlying technology

8.3 Portfolio Rights

• We reserve the right to showcase your project in our portfolio and marketing materials.
• You may opt out by notifying us in writing within 14 days of project completion.

9. Third-Party Services & Uptime

9.1 Third-Party Dependencies

Your website and services may rely on third-party providers including:

• Hosting providers
• Payment processors (Stripe)
• Domain registrars
• Email services

9.2 Uptime

• We aim for 99.9% platform uptime but do not guarantee uninterrupted service.
• We are not liable for outages caused by third-party services, internet connectivity, or circumstances beyond our control.

9.3 Maintenance

• Scheduled maintenance will be communicated in advance where possible.
• Emergency maintenance may occur without notice.

10. Limitation of Liability

10.1 No Guaranteed Results

• We do not guarantee specific SEO rankings, lead volumes, sales figures, or business outcomes.
• Results depend on various factors including market conditions, competition, and your participation.

10.2 Maximum Liability

• Our maximum liability is limited to the total amount paid for the specific service in question over the preceding 12 months.
• We are not liable for indirect, incidental, special, or consequential damages including lost profits, data loss, or business interruption.

10.3 Your Responsibility

• You are responsible for backing up your own data and content.
• You are responsible for compliance with applicable laws regarding your website content and business practices.

11. Cancellation & Termination

11.1 How to Cancel

• Email: [email protected]
• Phone: +61 7 3132 1313
• Provide at least 7 days' notice before your next billing date.

11.2 Effect of Cancellation

• Recurring services cease at the end of the current billing period.
• Platform-dependent features will stop functioning.
• Your website files remain yours and can be exported.
• We will provide data export assistance within 30 days of cancellation.

11.3 Our Right to Terminate

We may terminate services if:

• Payment is overdue by more than 14 days
• You breach these Terms & Conditions
• Your use of services is unlawful or harmful to others

12. Dispute Resolution

12.1 Good Faith

Both parties agree to attempt to resolve any disputes in good faith through direct communication before pursuing formal action.

12.2 Mediation

If direct resolution fails, disputes will be submitted to mediation before any court proceedings.

12.3 Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes will be resolved in the courts of Queensland.

13. Privacy

Please refer to our Privacy Policy for information on how we collect, use, and protect your personal information.

14. Changes to Terms

• We may update these Terms from time to time.
• Material changes will be communicated via email at least 30 days in advance.
• Continued use of services after changes constitutes acceptance.

15. Contact

Quick Reference: What's Portable vs Platform-Dependent