Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client”, “you”, “your”) and Wooden Amethyst (“we”, “us”, “our”), a web design and hosting business based in Melbourne, Victoria, Australia.

By submitting an order through our website, signing a proposal, or otherwise engaging our services, you agree to be bound by these Terms, our Privacy Policy, and any service-specific terms communicated in writing. If you do not agree, you must not use our services.

2. Services

Wooden Amethyst provides website design, development, hosting, maintenance, and related digital services as described on our website and in any written proposal or order confirmation. The specific scope, features, and deliverables for your project are determined by the plan and build package you select, together with any add-ons.

We reserve the right to determine the technical methods, tools, platforms, and workflows used to deliver the services. The Client acknowledges that our websites are built using templates and standardised processes, and are not bespoke custom-coded projects unless explicitly agreed in writing under a Custom Build engagement.

3. Orders and Acceptance

Submitting an order through our website or questionnaire constitutes an offer to purchase our services. We are not obligated to accept any order. A binding agreement is formed only when we send you a written order confirmation or begin work on your project, whichever occurs first.

We reserve the right to decline any order at our discretion, including where a project falls outside our service scope, where the Client's requirements are incompatible with our processes, or where we have reasonable concerns about the nature of the business or content.

4. Pricing and Payment

All prices are quoted in Australian Dollars (AUD) and are inclusive of GST unless otherwise stated.

• Setup fees (website build) are due in full before work commences, unless alternative arrangements are agreed in writing.
• Monthly hosting and maintenance fees are billed in advance on the same date each month. Payment is due within 7 days of the invoice date.
• Annual plans are billed in full upfront for the year. Annual fees are non-refundable once the billing period has commenced, except as required by Australian Consumer Law.
• Add-on fees (one-time or recurring) are billed as described at the time of purchase.
• Additional work outside the agreed scope (including new pages, new features, redesigns, and integrations) will be quoted separately and must be approved by the Client before work begins.

We reserve the right to adjust pricing with at least 30 days' written notice. Continued use of the services after a price change takes effect constitutes acceptance of the new pricing. If you do not agree to a price increase, you may cancel your plan in accordance with Section 12.

5. Late Payment

If any payment is overdue by more than 14 days, we reserve the right to:

• Suspend access to your website and all related services without further notice.
• Withhold delivery of any pending work or updates.
• Charge a late payment fee of A$25 or 2% of the outstanding amount per month (whichever is greater), compounding monthly.
• Engage a debt collection agency, with all reasonable collection costs added to the outstanding balance.

Services will be reinstated within 2 business days of receipt of all outstanding payments and any applicable late fees.

6. Website Build Process

The website build process involves the following stages: order confirmation, content collection, design and development, client review, and launch. Timelines provided are estimates only and are not guaranteed.

• The Client must provide all requested content, images, logos, and information within 14 days of our request unless otherwise agreed. We are not responsible for project delays caused by late or incomplete content from the Client.
• If the Client fails to provide required content within 30 days of our request, we reserve the right to build the site using placeholder content and deem the project complete, or to cancel the project with no refund of the setup fee.
• The website build includes up to two (2) rounds of revisions based on the original brief. Each revision round should be submitted as a single consolidated list of changes.
• Revisions beyond the included rounds, or revisions that significantly alter the original brief, layout, or scope, will be quoted as additional work.
• The website is considered complete and accepted when the Client provides written approval, or if the Client does not respond within 7 days of a review request.

7. Content Updates

Content updates are small batches of changes submitted as a single request. What constitutes an “update” is at our reasonable discretion.

Included in an update:

• Text changes and edits across existing pages.
• Image swaps and replacements (images must be provided by the Client in a web-ready format).
• Minor layout adjustments within the existing structure.
• Contact information or business hours changes.
• Service or product description updates.

Not included (quoted separately):

• Adding new pages (A$59 per page).
• New features, functionality, or third-party integrations.
• Major layout changes or redesigns.
• Content writing or copywriting beyond minor edits.
• Custom coding or development work.

Update allowances are per billing period and do not roll over. Unused updates cannot be accumulated, banked, or transferred. Requests that exceed the scope of a standard update will be treated as additional work and quoted accordingly.

8. Support

Support is provided via email only. Response times are as follows:

• Basic plan: email support with up to 3 business day response time.
• Standard plan: email support with up to 2 business day response time.
• Pro plan: priority email support with next business day response time.

Support covers questions about your website, requests for included updates, and reporting of technical issues. Support does not include general business advice, marketing strategy, training, phone support, or on-demand availability. We reserve the right to set reasonable limits on support volume to prevent abuse.

9. Hosting and Uptime

We provide managed hosting for all active client websites. While we strive for maximum uptime and use reliable infrastructure, we do not guarantee 100% uptime. Occasional downtime may occur due to maintenance, updates, hosting provider issues, or circumstances beyond our reasonable control.

We are not liable for any loss, damage, or costs arising from website downtime, including but not limited to lost revenue, lost customers, or business interruption.

10. Intellectual Property

Client content: You retain ownership of all original content, images, logos, and materials you provide to us. By providing this content, you grant us a non-exclusive licence to use it for the purpose of delivering your website and services.

Our work: We retain ownership of all underlying code, templates, frameworks, design systems, processes, and methodologies used to build your website. Upon full payment of all fees, we grant you a non-exclusive, non-transferable licence to use the website design and layout for the duration of your active plan.

Termination of licence: If your plan is cancelled or terminated for any reason, the licence to use the website design ceases. You are not entitled to copies of the source code, templates, or development files. We may, at our discretion, offer an export of your website content (text and images) upon request.

Portfolio use: We reserve the right to display your completed website in our portfolio, case studies, and marketing materials unless you notify us in writing that you do not wish your site to be featured.

11. Client Responsibilities

The Client agrees to:

• Provide accurate, complete, and lawful content and information in a timely manner.
• Ensure that all materials provided to us (including images, text, and logos) do not infringe the intellectual property rights of any third party.
• Respond to review requests and communications within a reasonable timeframe.
• Maintain valid payment details and pay all invoices by their due date.
• Not attempt to access, copy, reverse-engineer, or modify the underlying code, hosting environment, or infrastructure of their website without our written consent.
• Not use the website for any unlawful purpose, to distribute malware, to host prohibited content, or in any way that may damage our reputation or the security of our infrastructure.

You indemnify us against any claim, loss, damage, or expense arising from your breach of this section, including any claim by a third party that your content infringes their rights.

12. Cancellation and Termination

By the Client:

• Monthly plans may be cancelled with 30 days' written notice. Your website will remain active until the end of the current paid billing period.
• Annual plans are non-refundable once the billing period has commenced. You may cancel at the end of the annual term by providing 30 days' written notice before the renewal date.
• During the build process: If you cancel after work has commenced but before the website is launched, the setup fee is non-refundable. Any work completed to that point remains our property.

By Wooden Amethyst:

• We may suspend or terminate your services immediately if you breach these Terms, fail to pay outstanding invoices within 30 days, or use the services in a way that is unlawful, harmful, or damaging to our infrastructure or reputation.
• We may terminate your services for convenience with 30 days' written notice. In this case, we will provide a pro-rata refund for any unused portion of prepaid fees.

Upon termination, your website will be taken offline. We have no obligation to maintain, store, or provide copies of your website files after termination. We may retain copies of your data for our records and legal obligations.

13. Refund Policy

• Setup fees: Non-refundable once work has commenced.
• Monthly fees: Non-refundable for the current billing period. No partial-month refunds will be issued.
• Annual fees: Non-refundable once the billing period has commenced, except where required by Australian Consumer Law.
• Add-on fees: One-time setup fees for add-ons are non-refundable once work has commenced. Recurring add-on fees follow the same cancellation terms as your hosting plan.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that applies under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) and which cannot lawfully be excluded.

14. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising out of or in connection with these Terms or our services is limited to the total fees you have paid to us in the three (3) months immediately preceding the event giving rise to the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business, loss of data, business interruption, or loss of goodwill, even if we have been advised of the possibility of such damages.
• We are not liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, third-party hosting failures, government actions, or pandemic events.
• We are not liable for any loss arising from the Client's failure to maintain backups of content provided to us, or from the Client's own acts or omissions.

These limitations apply to the fullest extent permitted by law and survive the termination of these Terms.

15. Warranties and Disclaimers

We will perform our services with reasonable care and skill. However, except as required by Australian Consumer Law:

• Our services are provided on an “as is” and “as available” basis.
• We do not warrant that our services will be uninterrupted, error-free, or completely secure.
• We do not warrant any particular level of search engine ranking, website traffic, lead generation, or business results from the use of our services, including any SEO or analytics services.
• We do not warrant compatibility with all browsers, devices, or third-party platforms.
• All other warranties, whether express or implied, are excluded to the fullest extent permitted by law.

16. Indemnification

You agree to indemnify, defend, and hold harmless Wooden Amethyst, its owners, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms.
• Your use of our services.
• Any content, materials, or information you provide to us.
• Any claim that your content infringes the intellectual property or other rights of a third party.
• Your violation of any applicable law or regulation.

17. Domain Names

Where we assist with domain registration or transfer, the domain name is registered in your name and remains your property. We are not responsible for domain availability, disputes, or renewal unless we have been explicitly engaged to manage renewals on your behalf.

It is your responsibility to ensure timely domain renewals. We are not liable for any loss arising from domain expiry or failure to renew.

18. Third-Party Services

Our services may integrate with or rely on third-party platforms and services (including but not limited to hosting providers, analytics platforms, email services, booking tools, and payment processors). We are not responsible for the availability, performance, terms, or policies of any third-party service. Changes to third-party services that affect your website may require additional work, which will be quoted separately.

19. Acceptable Use

You must not use our services to host, publish, or distribute content that:

• Is unlawful, defamatory, obscene, threatening, or harmful.
• Infringes the intellectual property, privacy, or other rights of any person.
• Contains malware, viruses, or any code designed to harm or exploit.
• Promotes illegal activities or is used for fraudulent purposes.
• Violates any applicable Australian or international law or regulation.

We reserve the right to remove or disable any content or website that violates this section, without notice and without liability.

20. Confidentiality

Each party agrees to keep confidential any proprietary or sensitive information received from the other party in connection with these services. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

21. Dispute Resolution

If a dispute arises in connection with these Terms, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation administered by a mutually agreed mediator in Melbourne, Victoria. The costs of mediation shall be shared equally.

Nothing in this section prevents either party from seeking urgent injunctive or interlocutory relief from a court of competent jurisdiction.

22. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Both parties submit to the exclusive jurisdiction of the courts of Victoria and any courts of appeal therefrom.

23. Severability

If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

24. Entire Agreement

These Terms, together with our Privacy Policy and any written order confirmation or proposal, constitute the entire agreement between the parties regarding the subject matter herein. They supersede all prior discussions, representations, and agreements (whether written or oral). No amendment to these Terms is effective unless made in writing by Wooden Amethyst.

25. Changes to These Terms

We may update these Terms from time to time. The updated version will be posted on this page with a revised “last updated” date. We will make reasonable efforts to notify active clients of material changes via email. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

26. Contact Us

If you have questions about these Terms or need to provide any notices under them, please contact us: