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Terms of Service

Last Updated: 15 January 2026

These Terms of Service ("Terms") govern your use of Small Business Web Designs' website and services. By engaging our services or using our website, you agree to be bound by these Terms.

Please read these terms carefully before proceeding with our services. If you do not agree with any part of these terms, please do not use our services.

Agreement to Terms

By completing our question list, paying a deposit, or otherwise engaging our web design services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, along with our Privacy Policy and Money-Back Guarantee conditions.

We reserve the right to modify these terms at any time. Any changes will be posted on this page with an updated "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

Scope of Service

What's Included in Our Web Design Service

When you engage our web design services, the following are included in your package pricing:

Content and Design:

  • Professional content writing for all pages in your package
  • Customized content based on your completed question list
  • Relevant stock image sourcing and placement
  • Design formatting to match your existing logo branding
  • Custom design suggestions if no logo exists
  • Responsive design for mobile and tablet devices
  • Professional layout optimized for your industry

SEO and Optimization:

  • On-page SEO including basic keyword analysis for your business and region
  • Meta data optimization
  • SEO guidance to help you understand ongoing optimization
  • Strategic calls-to-action throughout your site

Features and Functionality:

  • Contact form setup
  • Google Map integration
  • Inter-page navigation links
  • Mobile-responsive design
  • Professional typography and spacing

Project Management:

  • Dedicated project manager assigned to your website
  • Regular check-ins to keep your project moving
  • Clear communication at every stage
  • Question list guidance
  • Two structured revision rounds (see package details for exact number)

Delivery and Support:

  • Draft website delivery within 15 business days of receiving complete information
  • Self-management access after publication
  • Free email support during build and after publication
  • WordPress and Breakdance training resources

Guarantees:

  • 100% money-back guarantee (conditions apply - see guarantee section below)
  • No contractual obligations for hosting
  • Cancel anytime with 7 days written notice

Additional Services (Extra Charges Apply)

The following services are outside our standard package pricing and will incur additional charges with your approval:

Content and Media:

  • Additional pages beyond your package maximum
  • Specialized sales copywriting (e.g., for selling products or eBooks)
  • High-volume content upload (pages exceeding 800 words may incur formatting charges)
  • Specialized content writing on topics outside your core business
  • Photo editing, resizing, or photoshopping
  • Uploading more than 50 high-resolution images
  • Photo extraction from PDF, Word, or marketing documents
  • Custom banner graphic design or image overlays

Technical Services:

  • Integration with external applications (EventBrite, MailChimp, etc.)
  • Phone consultations for revisions or question list interviews
  • Custom development work
  • Additional revision rounds beyond those included in your package ($150 per round)

Other Services:

  • Domain registration
  • SSL certificate
  • Custom logo design
  • Google Business Profile setup
  • Google Analytics configuration

Refer to our Optional Website Add-ons price list. We will always notify you of any additional charges before proceeding with work. You must approve all extra costs in writing before we begin.

Exclusions: What We Don't Provide

To set clear expectations, the following services are outside our scope:

Marketing and SEO Services:

  • Off-page SEO (backlinks, directory listings, social media management)
  • Guaranteed Google page rankings for keywords
  • Google Ads campaign management or consultation
  • Ongoing content updates or blog posting
  • Social media management

Ecommerce and Complex Development:

  • Ecommerce websites with more than 10 products
  • Payment system configuration for retail platforms
  • Custom web applications or software
  • Member registration or user login systems
  • Customer Relationship Management (CRM) systems
  • External database integration

Design and Development Limitations:

  • Building websites from pre-designed graphic mockups (we use templates)
  • Extensive customization beyond our template capabilities
  • Flash and animation services
  • Unique custom mobile designs (our responsive design is standard)
  • Multiple internal menu categorizations for hidden sub-pages

Other Exclusions:

  • Third-party hosting advice or migration assistance
  • Coordination with third-party marketing or SEO consultants
  • Phone consultations during website build (email communication only)
  • Mockups without paid commitment
  • Foreign language websites (English only)
  • Google Analytics data analysis

If You Need These Services:

We're honest about our limitations. If you need services outside our scope, we'll tell you upfront and refer you to specialists where possible. For SEO rankings and traffic generation, we recommend you seek out a reliable and trusted SEO provider.

Fair Use Policy

Our service is designed to support small businesses seeking a hassle-free web design experience. To ensure fair treatment of all clients, we maintain the following fair use guidelines:

Revision Rounds: Your package includes a specified number of revision rounds (check your package details). Each revision round should follow our edits guidance. Additional revisions beyond your package allocation are charged at $150 per round.

A revision round is considered complete when you provide a comprehensive list of changes at once. Multiple small revision requests sent separately may be consolidated into a single revision round or charged separately at our discretion.

Communication and Response Time: We respond to all emails within 24-48 hours during business days. Excessive messaging (more than 3-4 emails per day) may delay your project as we balance all client needs.

Content Changes: Significant content changes or complete rewrites after your initial approval may be considered outside fair use and subject to additional charges.

Design Changes: Major design direction changes after we've completed work based on your specifications may incur additional charges. We encourage you to provide clear design preferences upfront.

Technical Requests: Requests for features or functionality beyond standard small business website needs may be considered outside fair use.

Project Timeline: If you are unresponsive for more than 30 days after we've requested information, we may consider the project abandoned. We'll make reasonable efforts to contact you before taking this action.

Excessive Changes: If we believe a client is using our services excessively beyond what's reasonable for the package purchased, we reserve the right to:

  • Apply additional scope charges
  • Limit services to what was originally agreed
  • Pause work to discuss project scope and costs

We will always communicate with you before applying any fair use limitations or additional charges.

Your Responsibilities as a Client

To ensure a smooth website creation process, you are responsible for:

Providing Information:

  • Complete our question list thoroughly and accurately
  • Provide all necessary business information, content, and materials
  • Respond to clarification questions within a reasonable timeframe
  • Supply your logo, photos, or approve stock images we select

Communication:

  • Respond to project manager emails within 5-7 business days
  • Provide clear, specific feedback during revision rounds
  • Follow our edits guidance when submitting changes
  • Communicate any concerns or questions promptly

Content Accuracy:

  • Ensure all information you provide is accurate and up-to-date
  • Verify all content on your draft website for accuracy
  • Review all pages thoroughly before final approval
  • Take responsibility for content accuracy after approval

Design Direction:

  • Provide clear design preferences in your question list
  • Give specific feedback, not vague requests
  • Understand that we work within template constraints
  • Be open to professional recommendations

Timely Decisions:

  • Review draft websites within a reasonable timeframe
  • Make decisions about changes in a timely manner
  • Approve final website to proceed to publication
  • Pay invoices within payment terms (7 days)

Domain and Hosting:

  • If you own your domain, ensure it doesn't expire
  • Respond to renewal payment invoices promptly
  • Update us on any contact information changes
  • Keep a backup of your website if desired

Professional Conduct:

  • Treat our team with respect and courtesy
  • Communicate clearly and professionally
  • Understand that complex issues may require time to resolve
  • Be patient during busy periods

Payment Terms

Deposit: A 50% deposit is required before we begin work on your website. We will send an invoice via email with payment instructions. Work begins once we receive your deposit payment.

Final Payment: The remaining 50% balance is due upon your approval of the final draft website, before publication. Payment is due within 7 days of the invoice date.

Payment Methods: We accept payment via Stripe or bank transfer. Payment details will be provided on your invoice.

Late Payments: If final payment is not received within 7 days, we reserve the right to:

  • Delay publication of your website
  • Apply late payment fees
  • Cancel the project (deposits non-refundable for non-payment)

Ongoing Hosting Costs: Website hosting is billed monthly at $29.95 + GST per month, or annually at a discounted rate. Domain renewal costs will be billed annually.

Failure to pay hosting invoices or domain renewal may result in your website being suspended.

100% Money-Back Guarantee

We're confident in our service and offer a 100% money-back guarantee if you're unsatisfied, subject to the following conditions:

To Be Eligible for a Refund:

  1. You Must Have Provided Guidance: You provided clear design preferences and information in your question list, and we did not follow your guidance.
  2. Request During Review Phase: Your refund request must be made during the draft review phase, before final approval and publication.
  3. Clear Reasons Provided: You must provide clear, specific reasons for your dissatisfaction in writing via email.
  4. Redesign Opportunity: You must give us an opportunity to redesign your website at no charge first, with specific direction on what you want changed.
  5. Good Faith Request: Your request must be made in good faith and not be an attempt to receive free work or take advantage of our service.
  6. No Prior Approval: You cannot request a refund if you've already approved the draft website or indicated satisfaction.

How the Refund Process Works:

  1. Email us during the review phase with specific concerns
  2. We'll offer to redesign at no charge based on your feedback
  3. If you're still unsatisfied after the redesign, we'll process a full refund
  4. Website will be taken offline within 2 business days of refund confirmation
  5. Refunds processed within 2-5 business days to your nominated bank account

Exceptions - No Refund Available:

You are NOT eligible for a refund in the following circumstances:

  • After Approval: You've already approved your draft website or final website
  • Change of Mind: You designed the site to your specifications and changed your mind about your own design choices
  • Incomplete Project: You decided not to complete your website to publication stage
  • Business Changes: You changed your mind about your business idea or ceased business operations during development
  • Incomplete Information: You provided incomplete information and didn't clarify during the review process
  • Vague Feedback: You didn't provide clear, specific guidance on what you wanted
  • Design Limitations: We explained technical limitations upfront and you proceeded anyway
  • Post-Publication: Any time after final payment and publication
  • Fair Use Violations: You exceeded our fair use policy
  • Non-Refundable Add-Ons: Domain registration, SSL certificates, logo design, and other add-ons are non-refundable (their cost will be deducted from any refund)
  • Abusive Conduct: You treated our staff in an abusive or threatening manner

Content Dissatisfaction:

If you don't like the content written for your draft site:

  • Provide specific guidance on what you want changed
  • Take our suggestions as a starting point and modify them
  • Remember, you know your business best
  • We need clear direction, not vague feedback like "I don't like it"
  • We will not rewrite content without specific guidance

Important Notes:

  • If you're ineligible for a refund but haven't violated our terms, we won't charge you for hosting
  • If you provided design preferences and participated in revisions, you're required to pay the final invoice as we've completed the work you requested
  • Refunds exclude non-refundable add-ons (domain, SSL, logo, Google services)
  • We do not keep refunded work live or provide copies to the client or any third party

Website Hosting Terms

Hosting Fee: Website hosting is charged at $29.95 + GST per month, billed monthly or annually at a discounted rate.

What's Included:

  • Website file storage on Australian servers (Sydney)
  • Daily, weekly, and monthly backups
  • Daily security monitoring and malware scanning
  • Managed WordPress core and plugin updates
  • Email support for hosting-related issues
  • 24/7 self-management access

Optional Editing Package: $45/month or $500/year includes hosting plus up to 2 edit rounds per month processed by our team within 1-3 business days.

No Contracts: There are no long-term contracts for hosting. You may cancel at any time by simply emailing us at [email protected]. No prepaid balances are refundable.

Cancellation: To cancel hosting, provide 15 days written notice via email. We'll provide a final backup of your website. No refunds for prepaid periods.

Suspension for Non-Payment: Failure to pay hosting or domain invoices may result in website suspension. Your website and associated emails may go offline if payment is not received.

Domain Name Management: If we manage your domain or it's registered by you, it's your responsibility to ensure renewal payments are made on time. Domain expiration may cause your website to go offline.

Self-Management and Support

Self-Management Access: After publication, you'll receive WordPress login credentials and access to self-management resources. You can edit content, images, and photo galleries yourself using the Breakdance builder.

What You Can Manage:

  • Text content updates
  • Image uploads and replacements
  • Photo gallery updates
  • Contact information changes
  • Basic page edits

What Requires Our Assistance:

  • New page creation
  • Major design or layout changes
  • Feature additions
  • Technical troubleshooting
  • Plugin or theme updates

Support Included:

  • Email support at [email protected]
  • Response time: 24-48 hours on business days
  • Self-management tutorials and guidance
  • Help with basic editing questions

Support Exclusions:

  • We do not provide phone support (email only)
  • We are not responsible for changes you make yourself
  • We won't undo changes you make unless under our editing service
  • We don't provide training on general WordPress use beyond our tutorials

Charged Support:

  • New pages
  • Major design changes: Quoted based on scope
  • Additional features: Quoted based on complexity
  • Substantial edits: May be charged based on time required

All charged work requires your written approval before we proceed. See our Edits Price List.

Intellectual Property and Ownership

Your Content: You retain ownership of all content, text, images, logos, and materials you provide to us. By providing these materials, you grant us a license to use them in creating your website.

Your Website: Upon final payment, you own your website and have full rights to it. You may take backups and move it to another host if desired (though we're happy to keep hosting it for you).

Your Domain: If we register a domain for you, it's registered in your name. You own the domain. We simply manage renewals on your behalf.

Our Work Product: The design, layout, code, and technical implementation we create for your website belong to you after final payment is completed.

Stock Images: Stock images we source are licensed for use on your website. Licensing terms from stock photo providers apply.

Our Branding: We may request to include a small "Website by Small Business Web Designs" credit link in your footer. This is optional and removable if you prefer.

Portfolio Use: We reserve the right to showcase your website in our portfolio and marketing materials unless you specifically request otherwise.

Template Use: We use WordPress and Breakdance templates as the foundation for your website. These are licensed for use but not exclusive to your site.

Content Accuracy and Legal Compliance

Your Responsibility: You are solely responsible for ensuring that all content, images, and materials you provide:

  • Are accurate and up-to-date
  • Do not infringe on third-party copyrights, trademarks, or other intellectual property rights
  • Do not contain defamatory, obscene, or illegal content
  • Comply with all applicable Australian laws and regulations
  • Are appropriate for public display on a business website

Our Role: We create website layouts and write content based on information you provide. We do not:

  • Verify the accuracy of information you supply
  • Conduct legal reviews of your content
  • Verify that you have rights to images or materials you provide
  • Ensure your business practices comply with industry regulations

Indemnification: You agree to indemnify and hold Small Business Web Designs harmless from any claims, damages, or expenses arising from content or materials you provided that infringe on third-party rights or violate applicable laws.

Content We Won't Publish: We reserve the right to refuse service or remove content that we believe:

  • Violates Australian law
  • Infringes on third-party rights
  • Contains hate speech or discriminatory content
  • Promotes illegal activities
  • Is defamatory or harmful
  • Violates our ethical standards

Limitation of Liability

To the maximum extent permitted by law, Small Business Web Designs, its employees, contractors, directors, agents, and service providers shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive damages arising from or related to:

  • The delivery of our services
  • Website creation, design, or publication
  • Logo or graphic design services
  • Domain registration or email services
  • Website hosting or maintenance
  • Any errors or omissions in website content
  • Website downtime or technical issues
  • Loss of business, revenue, or anticipated profits
  • Loss of data or sales
  • Cost of substitute services

This limitation applies even if Small Business Web Designs has been advised of the possibility of such damages.

Maximum Liability: Our total liability to you for any claims arising from our services shall not exceed the amount you paid us for the specific service giving rise to the claim.

Australian Consumer Law: Nothing in these terms excludes, restricts, or modifies any consumer guarantees, rights, or remedies that cannot be excluded under the Australian Consumer Law or other applicable legislation.

Service Availability and Performance

No Uptime Guarantee: While we strive for maximum uptime, we do not guarantee that:

  • Our website or your website will be available 100% of the time
  • Services will be uninterrupted or error-free
  • All defects will be corrected immediately
  • The server will be free from viruses or harmful components

Maintenance and Downtime: We may perform scheduled maintenance that temporarily affects website availability. We'll provide notice when possible, though emergency maintenance may occur without advance notice.

Third-Party Services: We rely on third-party services (hosting providers, domain registrars, etc.). We are not responsible for failures or downtime caused by these third parties.

Best Efforts: We commit to using commercially reasonable efforts to:

  • Maintain website uptime and performance
  • Respond to technical issues promptly
  • Implement security measures and updates
  • Provide reliable hosting infrastructure

Communication and Contact

Email Communication: All official communication, including project updates, invoices, and support requests, should be sent via email:

Response Time: We aim to respond to all emails within 24-48 hours during business days (Monday-Friday, 9am-5pm AEST, excluding public holidays).

Phone Contact: Phone consultations are available for pre-sales enquiries and at our discretion. We do not provide phone support for website builds or technical issues - these must be submitted via email for tracking and clarity.

Notice Requirements: Any formal notices (cancellations, disputes, complaints) must be submitted in writing via email and will be considered received when we acknowledge receipt.

Contact Information Updates: You must notify us immediately of any changes to your contact details. We are not responsible if you don't receive important communications due to outdated contact information.

Professional Conduct and Mutual Respect

Treat Us Kindly: We're real people who genuinely want to help your business succeed. We ask that you:

  • Communicate respectfully and professionally
  • Be patient when we're working through complex issues
  • Understand that some technical issues are outside our immediate control
  • Provide clear, constructive feedback rather than vague complaints
  • Remember that rudeness and aggression don't help anyone

We Reserve the Right: We reserve the right to refuse or discontinue service to clients who:

  • Treat our staff in a rude, abusive, or threatening manner
  • Make unreasonable demands outside our service scope
  • Violate these terms repeatedly
  • Are better suited to a different service provider
  • Cannot be satisfied despite our good-faith efforts

Zero Tolerance: We have zero tolerance for abusive or threatening communication. If any staff member receives communication that is abusive or threatening, we will immediately:

  • Cease work on your project
  • Refuse continued service
  • Provide no refund
  • Reserve the right to take legal action if necessary

Positive Personalities: We respond better to positive, professional communication and will gladly go the extra mile for clients who treat us with courtesy and respect.

Termination of Services

Your Right to Cancel: You may cancel our services at any time by providing written notice via email. Cancellation terms:

  • Before work begins: Full deposit refund minus any work already completed or costs incurred
  • During development: No refund of deposit, but you retain work completed to date
  • Hosting cancellation: 15 days written notice required, no refund of prepaid periods

Our Right to Terminate: We reserve the right to terminate services immediately without refund if you:

  • Violate these Terms of Service
  • Fail to pay invoices within specified terms
  • Provide false or misleading information
  • Engage in abusive or threatening behavior
  • Exceed fair use policy repeatedly
  • Request services outside our scope after being advised of limitations
  • Are unresponsive for 30+ days after reasonable attempts to contact you

Effect of Termination: Upon termination:

  • All work ceases immediately
  • You receive a final backup of work completed (if paid for)
  • No further support or services will be provided
  • All outstanding invoices become immediately due
  • Your website may be taken offline if hosting is terminated

Dispute Resolution

Good Faith Effort: If you have a concern or complaint, we ask that you:

  1. Contact us via email with clear details of the issue
  2. Give us a reasonable opportunity to address the concern
  3. Work with us cooperatively to find a resolution

Escalation: If we cannot resolve your concern through email:

  1. Clearly outline what you believe would constitute a fair resolution
  2. Allow us reasonable time to investigate and respond

Governing Law and Jurisdiction

These Terms of Service are governed by the laws of New South Wales, Australia. Any disputes arising from these terms or our services shall be subject to the exclusive jurisdiction of the courts of New South Wales.

Nothing in these terms affects your rights under the Australian Consumer Law or other legislation that cannot be excluded.

Entire Agreement and Severability

Entire Agreement: These Terms of Service, together with our Privacy Policy and Money-Back Guarantee terms, constitute the entire agreement between you and Small Business Web Designs regarding our services.

Severability: If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these terms will not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these terms or your rights and obligations under them without our prior written consent. We may assign these terms without your consent.

Changes to These Terms

We reserve the right to modify these Terms of Service at any time. Changes will be posted on this page with an updated "Last Updated" date.

Notification of Changes: For material changes, we will:

  • Email active clients with a summary of changes
  • Provide 30 days notice before changes take effect
  • Allow you to cancel services if you don't agree with changes

Acceptance of Changes: Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

Review Regularly: We encourage you to review these terms periodically to stay informed of any updates.

Questions About These Terms

If you have questions about these Terms of Service, please contact us:

Email: [email protected]

Response Time: We aim to respond to all enquiries within 24-48 hours on business days.

Thank you for choosing Small Business Web Designs. We look forward to creating your website!

No Commitment. Cancel Anytime.
100% Money Back Guarantee.

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