Terms of Service

These Terms of Service ("Terms") govern services provided by TradieWebsitePro.

Please read these Terms before accepting a proposal, approving a project, making a payment or using our ongoing services.

By accepting a proposal or quotation, signing an agreement, making a payment, approving us to commence work, or subscribing to an ongoing service, you agree to these Terms.

1. About These Terms

These Terms form an agreement between:

you — the individual, business or organisation purchasing our services ("Client", "you" or "your"); and

Priyadarshan Deshmukh trading as TradieWebsitePro, ABN 93 403 620 645 ("TradieWebsitePro", "we", "us" or "our").

Our principal place of business is in Melbourne, Victoria, Australia.

These Terms apply to services including:

• website strategy;
• website design;
• website development;
• copywriting and content preparation;
• conversion rate optimisation;
• website hosting and maintenance;
• search engine optimisation;
• local SEO;
• Google Business Profile services;
• reputation and review systems;
• CRM configuration;
• lead management systems;
• AI and business automations;
• email and SMS automations;
• technical integrations; and
• any other services identified in a proposal, quote, invoice or written agreement.

Your applicable proposal, quotation, invoice, order form or written scope forms part of the agreement.

If a specific written proposal or agreement conflicts with these Terms, the specific written agreement will take precedence to the extent of the inconsistency.

2. Our Services

We will provide the services specified in your agreed proposal, quotation or scope of work.

The exact features, pages, integrations, deliverables, support, hosting, SEO activities, automation services and ongoing services included in your project are determined by that scope.

Anything not specifically included should not be assumed to be included.

We will provide our services with reasonable care and skill.

3. Website Previews, Concepts and Free Audits

TradieWebsitePro may provide prospective clients with a free preview of their homepage, or a free concept, audit, mock-up or demonstration, before any payment is made.

Our free homepage preview works like this: we build the preview at no charge, you review it, and the project only proceeds if you are completely satisfied with it and choose to go ahead by paying the deposit set out in your proposal or quotation. No deposit or other payment is required to receive a free preview. If you are not satisfied and choose not to proceed, you owe us nothing for the preview.

Unless we expressly state otherwise in writing:

• a preview is a demonstration only;
• it may contain draft or placeholder content;
• it is not a completed website;
• it is not intended for publication or commercial use;
• we may modify or withdraw it;
• no intellectual property ownership is transferred through viewing the preview; and
• you do not receive ownership or usage rights to the preview unless you proceed with the project and pay the applicable deposit and project fees.

The design, code, copy, structure and other work contained within an unpaid preview remain our property unless otherwise agreed in writing.

Our satisfaction promise applies to the preview stage only. It is not a guarantee of any business result (see section 18), and once you have paid the deposit and approved us to proceed, it does not by itself entitle you to a refund of amounts paid for work already carried out, except where the Australian Consumer Law or other applicable law requires otherwise (see section 30).

4. Your Responsibilities

To perform our services effectively, we rely on you providing accurate and timely information.

Depending on the project, you may need to provide:

• business information;
• service information;
• pricing;
• photographs and videos;
• logos and branding;
• testimonials;
• licences and qualifications;
• contact information;
• written content;
• domain information;
• access to relevant accounts;
• Google Business Profile access;
• hosting or DNS access;
• CRM access;
• legal or regulatory information; and
• approvals and feedback.

You are responsible for ensuring information you provide is accurate, current and lawful.

You also warrant that you have the necessary rights and permissions to use all photographs, videos, logos, trademarks, written content and other material you provide to us.

We are not responsible for delays caused by late, incomplete or inaccurate information supplied by you.

5. Project Scope and Additional Work

Your proposal or quotation defines the agreed project scope.

Work outside that scope may incur additional charges.

Examples include:

• additional pages;
• new service or suburb pages;
• substantial redesigns;
• changes in design direction after approval;
• additional functionality;
• additional revision rounds;
• custom integrations;
• migration work not originally included;
• substantial additional copywriting;
• additional automation workflows;
• changes caused by inaccurate information originally provided by you; and
• work requested after completion or handover.

Where practicable, we will tell you about material additional charges before carrying out the work.

Additional work and pricing may be approved by email, message, proposal or another written form of communication.

6. Revisions and Approvals

Your applicable proposal will specify any revision allowance included with the project.

Revisions must remain reasonably consistent with the original brief and agreed design direction.

A request that materially changes the original design, structure, functionality or business requirements may be treated as additional work rather than a revision.

Before publication or final approval, you are responsible for reviewing matters including:

• spelling and grammar;
• names and contact information;
• pricing;
• services;
• claims and representations;
• licences and qualifications;
• images;
• links;
• legal information;
• business information; and
• overall functionality.

Once you approve the website or other deliverable for publication, substantial subsequent changes may be charged separately.

7. Project Timelines

Any project completion date provided by us is an estimate unless we expressly guarantee a deadline in writing.

Project timelines may be affected by:

• delays in receiving content;
• delayed feedback or approvals;
• changes to project scope;
• third-party services;
• technical issues;
• domain or DNS issues;
• platform outages;
• integration problems;
• illness;
• public holidays; or
• circumstances outside our reasonable control.

Where a delay is caused by you or a third party, the estimated completion date may be extended accordingly.

8. Fees and Payment

Fees and payment schedules are stated in the applicable quotation, proposal, invoice or subscription agreement.

Unless otherwise stated:

• amounts are quoted in Australian dollars;
• GST will be applied where legally required;
• invoices must be paid by the stated due date; and
• approved additional work is charged separately.

Once you accept a proposal after reviewing your free preview, we will require a deposit before we begin work beyond the preview. The deposit amount, and when any balance falls due, are stated in your proposal or quotation. No deposit is required to receive a free preview.

Where a project balance remains outstanding, we may delay:

• publication;
• handover;
• transfer;
• migration;
• launch; or
• provision of final project files

until outstanding project amounts have been paid.

If payment for an ongoing service becomes overdue, we may suspend that service after providing any notice required under the applicable agreement or law.

Nothing in these Terms excludes rights or remedies that cannot legally be excluded.

9. Recurring Services

Some services may be provided on a recurring basis, including:

• website hosting;
• website maintenance;
• SEO;
• Google Business Profile management;
• CRM services;
• automation systems;
• reputation management;
• SMS or email systems; and
• ongoing technical support.

The applicable fee and billing period will be stated in your proposal, invoice or subscription agreement.

Unless otherwise agreed, recurring services continue until cancelled in accordance with the applicable agreement.

You remain responsible for charges incurred up to the effective cancellation date.

Third-party subscriptions purchased directly by you must be cancelled separately with the applicable provider.

10. Cancellation of Ongoing Services

Unless a different cancellation arrangement is specified in your proposal or subscription:

After an initial onboarding period, ongoing services run month-to-month with no long-term lock-in contract. You may cancel an ongoing month-to-month service by giving us written notice before the next billing period.

Cancellation stops future service periods but does not retrospectively cancel services already supplied.

Amounts already paid for services supplied or a billing period that has commenced are not automatically refundable, subject always to your rights under the Australian Consumer Law and any other applicable law.

We may cancel an ongoing service on reasonable notice or immediately where reasonably necessary because of:

• serious misuse of the service;
• unlawful conduct;
• material breach of these Terms;
• persistent non-payment;
• security risks; or
• conduct that exposes us or a third-party provider to legal or technical risk.

11. Hosting and Infrastructure

Where hosting or managed website infrastructure forms part of your service, we will use commercially appropriate hosting and infrastructure providers.

Hosting may rely on third-party:

• cloud providers;
• content delivery networks;
• DNS providers;
• domain registrars;
• database providers;
• software platforms; and
• related infrastructure.

Unless expressly stated otherwise, TradieWebsitePro does not own the underlying global infrastructure used by these providers.

We cannot guarantee uninterrupted or error-free operation of internet infrastructure.

Temporary interruption may occur because of:

• scheduled maintenance;
• emergency maintenance;
• internet failures;
• DNS issues;
• third-party outages;
• cyber incidents;
• software updates;
• platform changes; or
• circumstances outside our reasonable control.

Where reasonably practicable, we will assist in investigating issues affecting services we manage.

12. Domains, Email and Third-Party Subscriptions

Unless specifically included in your package, fees associated with services such as:

• domain registration;
• domain renewal;
• business email;
• premium software;
• advertising;
• telephone numbers;
• SMS usage;
• email usage;
• paid APIs;
• stock imagery;
• plugins; or
• third-party subscriptions

are separate from our professional fees.

Where an account or subscription belongs directly to you, you are responsible for keeping it active and paid.

We are not responsible for disruption caused by your failure to renew or pay for a third-party service.

13. Search Engine Optimisation

Where SEO is included, we may perform activities including:

• keyword research;
• page optimisation;
• titles and meta descriptions;
• website structure improvements;
• internal linking;
• content optimisation;
• technical SEO;
• local landing pages;
• schema markup;
• image optimisation;
• Google Search Console configuration;
• local SEO;
• citation work;
• content production; and
• other agreed SEO activities.

Search engines operate independently from TradieWebsitePro.

Accordingly, we do not guarantee:

• a number-one Google ranking;
• any specific search position;
• ranking for a particular keyword;
• a specific amount of organic traffic;
• a specific number of enquiries;
• continued ranking after achieving a position;
• inclusion in any particular search feature;
• Google Maps placement;
• AI search visibility; or
• a particular commercial return from SEO.

Search engine algorithms, competitors, user behaviour and search results can change without notice.

SEO should therefore be understood as an ongoing marketing activity rather than a guaranteed ranking product.

14. Google Business Profile Services

Where we optimise or manage a Google Business Profile, you authorise us to make agreed changes on your behalf.

These may include:

• business categories;
• services;
• business information;
• photographs;
• posts;
• descriptions;
• links;
• Q&A;
• review strategy; and
• other optimisation activities.

Google controls Google Business Profile.

We cannot guarantee:

• approval or verification;
• continued verification;
• ranking in Google Maps;
• placement in the Local Pack;
• continued profile availability;
• acceptance of edits; or
• protection from suspension.

Google may suspend, modify or restrict a profile under its own rules.

Where reasonably within our service scope, we may assist with resolving or appealing a problem, but we cannot guarantee that Google will restore a profile or do so within a particular timeframe.

15. Reviews and Reputation Management

We may provide systems or strategies designed to encourage legitimate customer reviews.

We do not guarantee:

• any specific number of reviews;
• a particular star rating;
• removal of negative reviews; or
• publication of reviews submitted to third-party platforms.

Clients must not use our systems to create false, misleading or fabricated reviews.

The ultimate decision to publish, remove or moderate a review belongs to the applicable third-party platform.

16. CRM, Automations, SMS and Email

Some services may include CRM systems or automated communications such as:

• missed-call text-back;
• lead follow-up;
• appointment reminders;
• review requests;
• newsletters;
• promotional campaigns;
• booking workflows; and
• lead nurturing.

You are responsible for ensuring that contacts entered into or contacted through these systems have been collected lawfully.

Where required by law, you are responsible for obtaining the necessary consent before sending marketing SMS or email communications.

You must not use systems we provide to send spam, unlawful communications, misleading communications, harassment or prohibited content.

Marketing communications must include legally required sender identification and unsubscribe or opt-out functionality.

You remain responsible for the substance of messages sent to your customers or prospects unless we have specifically agreed to produce and approve that content on your behalf.

17. Artificial Intelligence and Automated Systems

Some services may use artificial intelligence or automated software.

AI-generated or automatically processed content can occasionally contain errors or unexpected outputs.

Where AI-generated material is used in a client-facing context, you remain responsible for reviewing information relating specifically to your:

• business;
• pricing;
• services;
• licences;
• qualifications;
• guarantees;
• legal obligations; and
• professional claims.

We may implement reasonable safeguards but do not warrant that every automated output will be error-free.

18. Leads and Business Results

Our websites and marketing systems are designed to improve your ability to attract and convert prospective customers.

However, many factors affecting business performance are outside our control.

We therefore do not guarantee:

• a particular number of enquiries;
• a particular number of calls;
• booked jobs;
• customers;
• revenue;
• sales;
• conversion rates;
• return on investment; or
• business growth.

Results may depend on matters including your location, reputation, pricing, service quality, competition, advertising spend, market demand, responsiveness to enquiries and sales process.

Any examples, case studies, projections or previous client results are illustrative and do not guarantee identical results.

19. Intellectual Property — Client Materials

You retain ownership of intellectual property you provide to us, including your:

• logo;
• business name;
• trademarks;
• original photographs;
• original videos;
• written material; and
• other pre-existing business assets.

You give us permission to use those materials as reasonably necessary to provide the agreed services.

20. Intellectual Property — Work Created for You

Unless your proposal states otherwise, once all applicable project fees for a custom website have been paid, you receive the right to use the final website and client-specific creative materials produced for the project.

This does not automatically transfer ownership of:

• third-party software;
• open-source software;
• fonts;
• stock photography;
• licensed assets;
• APIs;
• external platforms;
• proprietary automation systems;
• reusable code libraries;
• frameworks; or
• material licensed rather than owned by us.

Such materials remain governed by their respective licence terms.

21. Our Pre-Existing Systems and Reusable Materials

TradieWebsitePro retains ownership of our pre-existing intellectual property and reusable business assets.

These may include:

• development systems;
• reusable components;
• code libraries;
• templates;
• frameworks;
• internal tools;
• automation architectures;
• processes;
• prompts;
• methods;
• know-how; and
• proprietary systems.

Nothing prevents us from using our general skills, techniques, processes and reusable components when providing services to other clients.

22. Client-Supplied Material

You warrant that you have permission to use material you supply to us.

This includes:

• photographs;
• videos;
• logos;
• written content;
• trademarks;
• testimonials; and
• other intellectual property.

To the extent permitted by law, you are responsible for claims arising from material you supplied where you did not have the necessary rights or permissions to use that material.

23. Portfolio and Marketing

Unless you ask us not to, we may display:

• your completed website;
• screenshots;
• publicly available design elements;
• your business name; and
• general project results

in our portfolio, website, case studies, proposals or social media to demonstrate our work.

We will not knowingly publish confidential information supplied by you.

If a project must remain confidential, tell us in writing.

24. Website Content and Legal Compliance

You remain responsible for ensuring that your business and final website comply with laws and regulations applying to your industry.

This may include laws relating to:

• advertising;
• consumer protection;
• privacy;
• cookies;
• accessibility;
• professional licensing;
• industry-specific regulation;
• pricing;
• promotional offers;
• product or service claims;
• intellectual property; and
• disclaimers.

Unless expressly retained to provide a particular professional service, TradieWebsitePro does not provide legal, accounting or regulatory advice.

25. Security

We will use reasonable care when developing or managing systems for you.

However, no website or internet-connected system can be guaranteed to be completely secure.

You are responsible for:

• protecting passwords;
• controlling staff access;
• maintaining secure devices;
• promptly removing former employees or contractors from accounts; and
• informing us of suspected compromise affecting services we manage.

We are not responsible for security incidents caused by matters outside our reasonable control, including compromised client credentials or unauthorised client-side access.

26. Changes Made by Other Parties

After handover or while we are managing a service, you may choose to permit another person to modify the website or systems.

We cannot guarantee the operation or performance of services following changes made by:

• you;
• your employees;
• another developer;
• another agency;
• plugins or applications;
• third-party integrations; or
• other external parties.

Work required to investigate or correct problems caused by such changes may be charged separately.

27. Third-Party Services

Our services may depend on products and platforms provided by other companies.

Examples may include:

• hosting providers;
• Google;
• domain registrars;
• CRM platforms;
• telecommunications providers;
• payment processors;
• email providers;
• analytics platforms;
• APIs;
• social media platforms; and
• software-as-a-service providers.

We do not control the continued availability, policies, prices, algorithms, functionality or decisions of those providers.

A third-party provider may modify or discontinue a feature without our control.

Where this occurs, we will make reasonable efforts within the agreed service scope to find an appropriate solution.

28. Support After Completion

Any support included after completion will be specified in your proposal or package.

Support intended to correct genuine defects in the work we delivered does not normally include:

• new pages;
• new functionality;
• new content;
• redesigns;
• additional integrations;
• changes requested after approval;
• third-party failures; or
• problems caused by another person modifying the website.

Ongoing support beyond what is included may be charged separately.

29. Suspension and Termination of Projects

Either party may terminate a project where the other party materially breaches the agreement and does not remedy the breach within a reasonable period after receiving notice.

If you cancel a project after work has commenced, you remain responsible for fees relating to work already completed and approved third-party expenses incurred, subject to applicable law.

Any deposit or payment already made may be applied against work already performed.

Any rights or obligations accrued before termination continue to apply.

30. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including applicable rights under the Australian Consumer Law.

Where Australian Consumer Law gives you rights that cannot legally be limited by these Terms, those rights prevail.

31. Limitation of Liability

To the maximum extent permitted by law and subject to any rights that cannot legally be excluded or limited, we are not liable for indirect, special or consequential loss arising from our services.

This may include loss of:

• profits;
• revenue;
• opportunities;
• anticipated savings;
• goodwill;
• search rankings; or
• business arising indirectly from an interruption or failure.

We are not responsible for loss to the extent it results from matters outside our reasonable control, including failures of third-party platforms or infrastructure.

Where the law permits our liability to be limited, our aggregate liability arising from a particular service will not exceed the amount paid to us for the service giving rise to the relevant claim during the applicable service or project period.

This limitation does not apply where it would be unlawful to apply it.

32. Indemnity

To the extent permitted by law, you agree to indemnify us against reasonable third-party claims, losses or expenses arising directly from:

• content supplied by you that infringes another person's rights;
• unlawful information supplied by you;
• unlawful use of messaging or automation systems by you;
• your material breach of these Terms; or
• your failure to comply with laws applying specifically to your business.

This indemnity does not apply to the extent a claim results from our negligence, unlawful conduct or breach of this agreement.

33. Confidentiality

We will take reasonable steps to protect confidential business information you provide to us.

We may disclose confidential information where:

• you authorise us;
• it is reasonably necessary to provide the services;
• a contractor or service provider requires it to perform work for us;
• disclosure is required by law; or
• the information is already legitimately public.

This section does not prevent us from using general skills, experience, knowledge and techniques developed in the ordinary course of our work.

34. Force Majeure

Neither party is responsible for a delay or failure caused by circumstances reasonably outside that party's control.

These may include:

• natural disasters;
• severe weather;
• fire;
• flood;
• government action;
• war;
• industrial disputes;
• major internet outages;
• telecommunications failures;
• cyber incidents;
• widespread technology failures; and
• major third-party platform outages.

The affected party should take reasonable steps to minimise disruption.

35. Dispute Resolution

If a dispute arises, we encourage both parties to first attempt to resolve the matter directly and in good faith.

Either party may give written notice explaining:

• the nature of the dispute; and
• the outcome they are seeking.

Where appropriate, the parties may agree to mediation or another dispute resolution process before commencing court proceedings.

Nothing in this section prevents either party from seeking urgent legal relief where necessary.

36. Changes to These Terms

We may update these standard Terms for future projects or future service periods.

Changes will not retrospectively remove rights or obligations that have already accrued.

Where a material change affects an existing ongoing service, we will provide reasonable notice where required.

37. Severability

If any part of these Terms is found invalid or unenforceable, that provision will be read down or removed to the minimum extent necessary.

The remainder of the Terms will continue to apply.

38. Entire Agreement

These Terms, together with your:

• proposal;
• quotation;
• invoice;
• agreed project scope; and
• written variations

form the agreement relating to the applicable services.

They replace previous discussions concerning those same services except where those discussions are expressly incorporated into the agreement.

39. Governing Law

These Terms are governed by the laws of Victoria, Australia.

Subject to any applicable laws that provide otherwise, the parties submit to the jurisdiction of the courts and tribunals of Victoria.

40. Notices and Contact Details

Notices relating to these Terms may be sent by email.

Priyadarshan DeshmukhTrading as TradieWebsiteProABN: 93 403 620 645Melbourne, Victoria, AustraliaEmail: shan@tradiewebsitepro.com.auWebsite: https://www.tradiewebsitepro.com.au

41. Acceptance

By accepting a proposal or quotation, signing an agreement, making a payment, subscribing to an ongoing service, or otherwise instructing us to commence paid work, you confirm that you accept these Terms.