Terms of Service.
On This Page
Version 2026.11.1, effective 6 November 2026
This version replaces version 2026.11 of 4 November 2026, which stays published, as do version 2026.10.6, version 2026.10.5, version 2026.10.4, version 2026.10.3, version 2026.10.2, version 2026.10.1 and version 2026.10. What changed: a new Part E for websites we build on a platform and hosting you own, called Build and hand over (clauses 1.1, 1.2, 23.8 and Part E). Nothing changes for websites we host.
These terms apply to every bdog website and marketing service. They’re in plain English on purpose. “We”, “us” and “bdog” mean Fide Digital Pty Ltd (ACN 633 134 700) as trustee for the Fide Business Group Trust (ABN 76 609 518 071), trading as bdog. “You” means the business named as the Client in your Order Form.
Questions about these terms: hello@bdog.com.au or 0452 424 845.
Part A: How this agreement works
1. The documents
1.1 Your agreement with us is made up of your signed Order Form, these Terms including Schedule 1, and any written tracking instructions you give us. Marketing services are agreed in a separate marketing order, and Part C covers them. If your Order Form says Build and hand over, Part E applies too.
1.2 If they conflict, the special conditions in your Order Form apply first, then Part E if it applies to you, then Schedule 1, then these Terms.
1.3 The version of these Terms that applies to you is the one named in your Order Form. Every version stays published at its own address. A later version only applies to you under clause 21.
2. Words with a set meaning
| Word | Meaning |
|---|---|
| Build Fee | The price of building your site, shown in your Order Form |
| Build Instalment | One twelfth of the Build Fee |
| Care Fee | The monthly fee for hosting, security, backups, edits, support and your dashboard |
| Monthly Fee | The Build Instalment plus the Care Fee, paid during the Initial Term |
| Initial Term | The 12 months starting on the day of your first charge |
| Launch Date | The day your site goes live on your domain |
| Sign-off | The point described in clause 4.4 |
| Business Day | A weekday that isn’t a public holiday in Sydney |
| Your Content | Text, images, logos, videos, trade marks, practitioner details and other material you supply or approve |
| Platform | Our software, code, templates, components, design system, hosting setup and tools, including improvements to them |
| Personal Information, Health Information | As defined in the Privacy Act 1988 (Cth) |
| Standard Privacy Configuration | The default setup described in Schedule 1 |
Part B: Your website
3. What we build
3.1 We build the website described in your Order Form: the plan, the pages listed, and a connection to your booking system.
3.2 We work from your existing site, your Google Business Profile, Your Content, and your free mockup if you had one.
3.3 Anything not in your Order Form is extra, including extra pages, new features, other integrations, photography, or copywriting beyond the agreed pages. We quote extras in writing first and only do them if you agree.
3.4 We connect your site to your booking system using the booking links or embed tools that system provides. You keep your own account with that provider and pay its fees.
3.5 Our website plans are Single Page, Full Site, and Full Site + Treatment Pages, which is called Full Site + Service Pages for businesses outside health. It is the same plan under either name. Your Order Form names your plan, its pages and its fees.
4. Getting to launch
4.1 After you sign, we agree the page list with you, you give us Your Content and the access in clause 7.2, and we build.
4.2 Before anything goes live, we send you the site on a private preview link.
4.3 Two rounds of changes to the preview are included. After launch, further changes are edits under clause 6.2, or are quoted as extras.
4.4 Sign-off happens when all of these are done: you’ve signed the Order Form, you’ve approved the design direction and we’ve agreed the page list in writing, you’ve given us Your Content for those pages, and you’ve given us the access in clause 7.2. We confirm the Sign-off date by email.
4.5 We won’t publish your site until you approve it for launch.
4.6 If you don’t respond to our request to approve launch within 20 Business Days, after at least one reminder, we can end this agreement by email. We refund everything you’ve paid except one Build Instalment, which we keep for the work done, along with the unlaunched build. Nothing more is payable.
5. The 14-day launch promise and 30-day switch-back
5.1 Your site will be live within 14 days of Sign-off.
5.2 If it isn’t, we refund your first Monthly Fee in full, without you having to ask. Your rights under the Australian Consumer Law are not affected.
5.3 The 14 days pause for any time we’re waiting on you, such as for approval, content, access or an answer we need to keep going. They also pause during events under clause 20.
5.4 Your old site stays where it is, on its existing host, for 30 days after your Launch Date. Keep your old hosting active for those 30 days. We’re not responsible if your old host removes it.
5.5 If you’d rather have your old site back, for any reason, tell us by email within 30 days of your Launch Date. On the same Business Day we point your domain back at your old site. We then refund everything you’ve paid for your website under this agreement, and the agreement ends. Nothing more is payable, including unpaid Build Instalments.
5.6 When you switch back, the design licence in clause 13.4 doesn’t apply and we don’t hand over design files or the export. We still return Your Content under clause 12.2.
5.7 The switch-back covers website fees only. Marketing services already provided under Part C aren’t refunded. End those under clause 14.2.
6. Looking after your site
6.1 From the Launch Date, the Care Fee covers: hosting; software and security updates; daily backups kept for 30 days; uptime monitoring; edits under clause 6.2; your performance dashboard; and email support, answered within one Business Day.
6.2 An edit is a change to existing text, images, hours, fees, practitioner details or links on an existing page that takes us no more than 30 minutes. Edits are included on a fair-use basis: email them to us and they’re usually done within two Business Days, or by the next Business Day on Full Site + Treatment Pages (Full Site + Service Pages). If your requests go well beyond what a practice of your size normally needs, we tell you before anything is charged. New pages, features and redesigns are quoted first.
6.3 We use reasonable efforts to keep your site online, but no one can promise zero downtime. If your site is unavailable for more than 7 days in a row because of us or our hosting provider, we credit that month’s Care Fee for the days it was down.
6.4 Your dashboard shows visits, taps on your phone number, and bookings where your booking system allows it. We count taps on your phone number as calls. We don’t see who called, and we never record calls.
6.5 We improve the Platform over time. We won’t make changes that materially reduce what your plan gives you, and we won’t replace or substantially redesign your site without your agreement.
6.6 After the Initial Term, if you ask, we’ll review your site’s design once a year and suggest improvements. Anything beyond an edit under clause 6.2 is quoted first.
7. What we need from you
7.1 Give us Your Content and the information we reasonably need on time. Tell us promptly if anything on your site becomes inaccurate, such as hours, fees, practitioners or services.
7.2 Give us access to your domain’s DNS settings, your booking system, and any other account we agree. Where a platform allows it, add us as a user rather than sharing your password.
7.3 Your domain, booking system, Google Business Profile, analytics and advertising accounts belong to you and are held in your business’s name. If we set one up for you, it’s still in your name and yours to keep.
7.4 You confirm you have the right to let us use Your Content. That includes photos from photographers and stock libraries, and any images of patients, which need their written consent.
7.5 You review and approve all content before it’s published (clause 15).
7.6 Don’t ask us to publish anything unlawful or misleading, or anything that infringes someone else’s rights.
7.7 You’re responsible for your privacy policy and the privacy notices on your site. We publish the versions you give us, and we can give you a starting template for you to review.
8. Fees and payment
8.1 During the Initial Term you pay the Monthly Fee, which is the Build Instalment plus the Care Fee. After that you pay the Care Fee only.
8.2 Your first Monthly Fee is charged when you sign the Order Form, after you’ve approved your design, then monthly on the same date.
8.3 If you chose to pay the Build Fee up front, we charge it with your first Care Fee when you sign, then the Care Fee monthly. The total is the same.
8.4 The Build Fee is the price of the build, which we complete before launch. Paying it in instalments is for your convenience. No interest or fee applies to paying that way.
8.5 When you sign, you give us card or account details and authorise the charges in your Order Form. The first charge is taken that day.
8.6 Every price we give, on our website, in a quote or in an Order Form, is plus GST. We add GST and send a tax invoice for every charge.
8.7 We don’t charge card surcharges or payment processing fees.
8.8 If you think a charge is wrong, tell us. We’ll look into it within 5 Business Days and refund anything charged in error.
8.9 Domain registration and renewal fees are yours. You pay them directly, or we pass them on at cost with no mark-up.
9. If a payment fails
9.1 We tell you by email the same day, and our payment provider retries automatically over the next 14 days.
9.2 If it’s still unpaid after 14 days, we give you written notice that your site will be paused in 7 days unless it’s paid.
9.3 If it’s still unpaid after that, we may pause your site, which means taking it offline and showing a holding page. We don’t pause your site over an amount you’ve disputed in good faith under clause 8.8 while we look into it.
9.4 While your site is paused, we don’t delete it, Your Content or your data. Once the payment goes through, we restore your site within one Business Day.
9.5 Build Instalments stay payable while your site is paused. We don’t charge the Care Fee for any full month your site is paused.
9.6 We don’t charge late fees or interest.
9.7 If your site has been paused for 30 days and the amount is still unpaid, we may end this agreement under clause 11.6.
10. Changes to the Care Fee
10.1 Your Monthly Fee and Care Fee are fixed for the Initial Term.
10.2 After the Initial Term, we may increase the Care Fee no more than once in any 12 months and by no more than 5% each time, by giving you at least 30 days’ written notice.
10.3 If you don’t accept an increase, cancel before it takes effect. No fee or charge applies.
10.4 We never change the Build Fee.
11. How long this agreement runs, and ending it
11.1 This agreement starts when both of us have signed. The Initial Term is the 12 months from your first charge.
11.2 At least 30 days before the Initial Term ends, we’ll email you what happens next, the Care Fee you’ll pay, and how to cancel.
11.3 After the Initial Term, this agreement continues month to month on the Care Fee until either of us ends it.
11.4 You can end this agreement at any time, by emailing hello@bdog.com.au with at least 14 days’ notice.
- If you end it before your Launch Date, we refund everything you’ve paid. Within 30 days after your Launch Date, clause 5.5 applies. If you end it later in the Initial Term, nothing is payable after the end date: no Build Instalments you haven’t paid yet, no Care Fees and no exit fee. If you also want the design files, the static export and the licence in clause 13.4, you can choose to pay the Build Instalments you haven’t paid, and we hand them over under clause 12.3. If you leave without paying the rest of the build, your site goes offline on the end date. Your domain and content are still yours, and we export your content for you under clause 12.2.
- If you end it after the Initial Term, nothing is payable beyond the fees up to the end date.
- For example, on the Full Site plan, if you leave after 6 payments you owe nothing more. To take the site with you, 6 Build Instalments of $240 remain, so you pay $1,440 plus GST. After 9 payments, it is $720 plus GST.
11.5 If we breach this agreement in a material way and don’t fix it within 14 days of your written notice describing the problem, you can end this agreement immediately. No unpaid Build Instalments are payable.
11.6 If you breach this agreement in a material way and don’t fix it within 14 days of our written notice, we can end it. For unpaid fees, we can only end it after following clause 9. Fees already due on the end date stay payable. Build Instalments that aren’t yet due are not payable.
11.7 Either of us can end this agreement if the other becomes insolvent, to the extent the law allows.
11.8 We can end this agreement for any reason by giving you 60 days’ written notice. If we do, no unpaid Build Instalments are payable, and we hand over everything in clause 12, including your design files, even if the Build Fee isn’t fully paid.
11.9 We may take specific content offline, or pause your site, if keeping it online would break the law, breach a regulator’s direction or court order, or create an immediate security risk. We’ll tell you straight away and restore it once the problem is fixed. Doing this doesn’t end the agreement.
11.10 If you’ve paid a Care Fee for any period after the end date, we refund the unused part.
12. When it ends: handing over
12.1 Your domain is always yours. Within 2 Business Days of you asking, we give you what you need to move it, whatever the reason the agreement ended and whether or not anything is owed.
12.2 Within 5 Business Days of the end date, or of you asking, we export Your Content in a standard format, whether or not anything is owed.
12.3 We give you a static export of your finished site, your design files, and the licence in clause 13.4, once the Build Fee has been paid in full (at the end of the Initial Term, up front, or when you choose to pay the rest of it on leaving under clause 11.4), or straight away if we ended the agreement under clause 11.8 or you ended it under clause 11.5.
12.4 We return or delete enquiry and form data as set out in Schedule 1.
12.5 We keep your site files and content for 90 days after the end date so you can ask for them, then delete them, except anything the law requires us to keep.
12.6 On the end date we stop hosting your site. If the Build Fee hasn’t been paid in full, your site goes offline then, and clauses 12.1 and 12.2 still give you your domain and Your Content. If the Build Fee has been paid, you have the static export under clause 12.3 to put your site up anywhere you like.
13. Who owns what
13.1 You own Your Content, your domain, your trade marks and your logo.
13.2 You give us a licence to use Your Content to build, host and look after your site and provide the services, for as long as this agreement lasts and during the handover.
13.3 We own the Platform, and the design and code we create for your site, subject to clause 13.4. While this agreement lasts, you have a licence to use your site.
13.4 From the point in clause 12.3, you have a permanent, non-exclusive, royalty-free licence to use and adapt your site’s visual design, the design files and the static export we hand over, for your own practice. That includes hosting the export elsewhere or having another developer rebuild from it. The export is your finished pages as HTML, CSS, scripts and images. The licence doesn’t cover the Platform, our build tools, or our reusable components and templates in their source form.
13.5 We may show your site in our portfolio and marketing, with your practice name, logo and a link to your site. We never include patient information, and we only share your results, such as enquiry or booking numbers, with your written permission. If you’d rather we didn’t show your site, tell us at any time and we’ll remove it within 10 Business Days.
13.6 Everyone who works on your site for us, including subcontractors, has assigned their rights to us, so the licences in this clause are ours to give.
Part C: Marketing services
14. Marketing services
This Part only applies if you’ve ordered marketing services. They’re quoted for your business and agreed in a marketing order: a separate order form, or a written quote you accept, that names the services, the monthly fee and the start date. They can include local search (your Google Business Profile), search optimisation for your website, Google Ads, Meta ads, and blogs and content.
14.1 Marketing services run month to month, at the monthly fee in your marketing order, plus GST. There’s no minimum term and no exit fee.
14.2 Either of us can end them with 30 days’ written notice. Ending them doesn’t end your website agreement.
14.3 Advertising spend is paid by you directly to Google, Meta or the relevant platform, from your own account. Our fee doesn’t include it.
14.4 Your Google Business Profile, Google Ads account, Meta business portfolio and ad account (for Facebook and Instagram ads), and analytics accounts stay in your business’s name. We’re added as a partner or manager. You can remove our access at any time. When the services end, we remove ourselves and hand over anything we’ve been managing.
14.5 You approve ad copy, landing pages and Business Profile posts before they’re published. We never publish anything you haven’t approved. Clause 15 applies to all of it.
14.6 We can help you ask for and respond to reviews in a way that fits the rules for your profession. You decide who’s asked and you approve responses. We set up any exclusions you ask for, such as never asking after euthanasia or end-of-life appointments.
14.7 We only set up retargeting or advertising audiences if you’ve ticked them in your Order Form or asked us in writing, and only with visitor consent in place (clause 16).
14.8 We send you a report each month.
14.9 We do the work with care, but rankings, traffic, calls and bookings depend on Google, your competitors and local demand, which we don’t control. We don’t promise particular results.
14.10 We may change our marketing fee by giving you 30 days’ written notice. You can end the services before the change takes effect, at no cost.
14.11 While your marketing services run, we give you a marketing dashboard at no charge. It brings the tracking you give us access to into one place, such as Google Analytics, Search Console, Google Ads, Meta, your Google Business Profile and counted calls. It shows what those platforms report, so its figures are only as complete as theirs. When the services end, the dashboard stops, and your accounts stay yours under clause 14.4.
Part D: Rules that apply to everything
15. Health advertising
15.1 You’re the advertiser of your health services. If you’re a registered health practitioner, the Health Practitioner Regulation National Law and the Ahpra and National Board advertising guidelines apply to your website and your ads. Other professions have their own rules, and the Australian Consumer Law applies to everyone.
15.2 You approve all content before we publish it, and you’re responsible for making sure it complies with the rules for your profession.
15.3 We draft with care and tell you about issues we notice, such as testimonials, before-and-after images, outcome claims, restricted titles and time-limited offers. We’re not lawyers or regulators, and we don’t guarantee compliance.
15.4 We won’t publish content you haven’t approved. We won’t add features that publish patient reviews describing someone’s treatment unless the rules for your profession allow it.
15.5 If you or a regulator tell us content is non-compliant, we change or remove it within one Business Day. That isn’t treated as an edit.
16. Privacy, tracking and your patients’ information
16.1 Your site may collect personal information about your patients and prospective patients, including health information, through enquiry forms, bookings and analytics. You decide what’s collected and why. You’re responsible for your obligations under the Privacy Act 1988 (Cth) and any health records laws that apply to you.
16.2 We handle that information only to provide the services, as set out in Schedule 1.
16.3 We install the Standard Privacy Configuration in Schedule 1, which has no advertising pixels or tags, plus any advertising tools you tick in your Order Form or ask for in writing.
16.4 If you ask for advertising tools, such as the Meta Pixel or Google Ads tracking, your Order Form tells you the main privacy risk and we set them up as described in Schedule 1, with due care. We only depart from that setup on your written instruction, after telling you the risk. The decision, the wording of your consent prompt and your privacy policy are your responsibility.
16.5 We never sell your patients’ information or use it for our own purposes.
17. Our responsibility for our work
17.1 We provide the services with due care and skill. If something we built doesn’t work as agreed, tell us and we fix it at no charge.
17.2 Nothing in these Terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law that can’t lawfully be excluded.
17.3 To the extent the law allows, if we fail to meet a consumer guarantee, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
17.4 We don’t promise any particular number of enquiries, bookings or search rankings.
18. Limits on liability
This clause applies to both of us equally.
18.1 Each of us is liable to the other, in total, for no more than the fees you paid or owed under this agreement in the 12 months before the event that caused the claim, or $5,000, whichever is greater.
18.2 Neither of us is liable to the other for loss of profits, revenue, business opportunity or goodwill, or for loss of data beyond what the backups in clause 6.1 can restore.
18.3 Clauses 18.1 and 18.2 don’t apply to fraud, wilful misconduct, death or personal injury, your obligation to pay fees for services provided, or any liability the law doesn’t allow to be limited.
18.4 Each of us is liable only to the extent we caused the loss. Liability is reduced to the extent the other party, or its people, caused or contributed to it.
19. Indemnities
19.1 You indemnify us against loss and reasonable costs, including reasonable legal costs, from a third party’s claim or a regulator’s investigation or action, to the extent it’s caused by:
- Your Content, including content that infringes someone’s rights;
- content you approved that breaches the advertising rules for your profession;
- tracking, analytics or data collection we implemented following your instructions in your Order Form or in writing, or your privacy policy, notices or consents; or
- your breach of this agreement or the law.
19.2 We indemnify you against loss and reasonable costs, including reasonable legal costs, from a third party’s claim, to the extent it’s caused by:
- the Platform, or anything we created apart from Your Content, infringing someone’s intellectual property; or
- our breach of Schedule 1.
19.3 Each indemnity is reduced to the extent the party relying on it caused or contributed to the loss. For example, your indemnity in clause 19.1 is reduced to the extent we failed to implement your instructions with due care.
19.4 A party relying on an indemnity must tell the other promptly, let it take reasonable control of the response, not settle without its consent (which can’t be unreasonably withheld), and cooperate.
19.5 Both indemnities count towards the limits in clause 18.
20. Events outside anyone’s control
20.1 Neither of us is liable for delay or failure caused by events outside our reasonable control. These include outages at hosting, internet or payment providers; changes made by Google, Meta or your booking system provider; cyber attacks we took reasonable steps to prevent; natural disasters; pandemics; and government action. This doesn’t excuse paying for services already provided.
20.2 The affected party tells the other promptly and takes reasonable steps to limit the impact.
20.3 When a third-party service your site relies on changes or fails, we use reasonable efforts to restore or work around it. You don’t pay extra for us to fix our side of the connection.
20.4 If an event stops us providing the services for more than 30 days, either of us can end this agreement by email. No unpaid Build Instalments are payable.
21. Changes to these Terms
21.1 We may publish new versions of these Terms for new customers. A new version doesn’t apply to you unless clause 21.2 applies or you agree.
21.2 We may change the Terms that apply to you only to comply with a law, a regulator’s direction or a third-party platform’s requirements, to make them clearer, or in ways that don’t disadvantage you. We give you 30 days’ written notice.
21.3 If a change materially disadvantages you, you can end this agreement before it takes effect. No unpaid Build Instalments are payable.
21.4 Fees only change under clauses 10 and 14.10.
22. Disputes
22.1 If there’s a dispute, tell the other party in writing. We’ll both try in good faith to resolve it within 10 Business Days.
22.2 If it isn’t resolved, either of us can refer it to mediation through the NSW Small Business Commissioner. If you’re outside NSW, the Australian Small Business and Family Enterprise Ombudsman or your state’s small business commissioner can be used instead. Each of us pays our own costs and we share the mediator’s fees equally.
22.3 This clause doesn’t stop either of us seeking urgent court orders or recovering amounts that aren’t disputed.
22.4 The law of New South Wales governs this agreement. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales.
23. General
23.1 Notices are sent by email to the addresses in the Order Form. An email is received when sent unless the sender gets a delivery failure. If it’s sent after 5pm or not on a Business Day, it’s received the next Business Day.
23.2 Subcontractors. We may use subcontractors. We remain responsible for their work, and they’re bound by confidentiality and by Schedule 1.
23.3 Transfer. You may transfer this agreement with our consent, which we won’t unreasonably refuse, for example if you sell your practice. We may transfer this agreement to a buyer of the bdog business by notice to you, as long as the buyer takes it on under the same terms. We remain responsible for anything that happened before the transfer.
23.4 Confidentiality. Each of us keeps the other’s confidential information confidential, except as needed to perform this agreement, as required by law, or when shared with professional advisers.
23.5 Trustee. Fide Digital Pty Ltd enters this agreement as trustee of the Fide Business Group Trust.
23.6 Business purpose. You’re acquiring the services for your business.
23.7 The whole agreement. This agreement is the whole agreement between us about the services. If any part is unenforceable, it’s read down or severed, and the rest continues. Not enforcing a right isn’t giving it up. We’re independent contractors. This agreement can be signed electronically and in counterparts.
23.8 What survives. Clauses 12, 13, 16, 18, 19 and 22 continue after this agreement ends. Under Part E, clauses 25, 26, 28, 31 and 36 continue until everything owed is paid.
Part E: Build and hand over
This Part only applies if your Order Form says Build and hand over. It’s for businesses that keep their website on a platform and hosting they own, such as WordPress, Shopify, Framer, Squarespace or Wix. We build your site there and hand it over. We don’t host these sites, so the price works differently from our hosted plans: it’s a fixed price for the build, and you owe all of it once you accept, even if you pay it monthly. Please read clauses 25, 28 and 36 before you sign.
24. How this Part works
24.1 In this Part, these words have a set meaning:
| Word | Meaning |
|---|---|
| Build Price | The fixed price of your build, shown in your Order Form, plus GST |
| Instalments | The monthly payments of the Build Price shown in your Order Form, if you pay that way |
| Your Platform | The website platform, hosting, theme, plugins and apps your site runs on, all in your name |
| Ready Notice | Our email telling you your build is ready to check (clause 27.3) |
| Acceptance Date | The day your build is accepted under clause 27.6 |
| Site Design | The visual design, layout and code we create for your site, apart from Your Content and the things in clause 31.6 |
| Care Plan | Ongoing work on your site, if your Order Form includes it (clause 32) |
| Guarantor | The director who accepts your Order Form for a company (clause 36) |
24.2 If this Part and the rest of these Terms conflict, this Part applies. Only the special conditions in your Order Form come before it.
24.3 These clauses rely on us hosting your site, so they don’t apply to a Build and hand over website, and this Part replaces them: 4.6; 5.4 to 5.7 (the 30-day switch-back); 6 (unless your Care Plan says otherwise); 8.1 to 8.5; 9; 10; 11.3, 11.4, 11.6 and 11.8; 12.3 and 12.6; 13.3 and 13.4; and 17.1.
24.4 The Client is the legal entity named in your Order Form, with its ABN. Whoever accepts the Order Form for it confirms they’re allowed to. If the Client is the trustee of a trust, it’s bound as trustee and in its own right. If the Client is a sole trader or a partnership, the people named are personally liable. If the Client is more than one person, each of them is liable for the whole amount.
25. The Build Price is a debt
25.1 The Build Price is fixed. It’s set out in your Order Form, and we never change it.
25.2 You owe the whole Build Price from the day you accept your Order Form, whichever way you pay it. The only exception is clause 25.7.
25.3 You can pay it in one payment when you accept, or in the Instalments shown in your Order Form. Instalments are only there to make the Build Price easier to pay. They aren’t a subscription, you can’t cancel them, and they don’t reduce what you owe. Paying this way costs nothing extra as long as each Instalment is paid on time.
25.4 You can pay off the rest of the Build Price whenever you like, with no fee.
25.5 What you owe stays the same if you stop using the site, change it or take it down, move it to another developer, host or platform, sell, change or close your business, end the Care Plan, or if your platform or hosting account is closed or suspended.
25.6 None of this takes away the 14-day launch promise (clause 5.2), your rights if we breach this agreement (clauses 11.5 and 35.2), or your rights under the Australian Consumer Law.
25.7 Changing your mind in the first 14 days. If you change your mind within 14 days of accepting your Order Form, tell us in writing. We stop work and keep your first payment for the work done: your first Instalment, or one twelfth of the Build Price if you paid it in one payment, in which case we refund the rest. We don’t charge the rest of the Build Price, and nothing more is payable. You don’t keep the Site Design, so anything we’ve built on Your Platform is removed, by you or by us. After those 14 days, you owe the whole Build Price.
26. Paying
26.1 When you accept your Order Form, you give us card or bank account details and authorise us to charge each Instalment on its due date, any amount that becomes due under clause 28, and the Care Fee if you have a Care Plan. The first payment is charged when you accept, unless your Order Form gives a later date, then monthly on the same date.
26.2 Keep a working payment method with us until the Build Price is paid in full. If your card is cancelled or expires, give us a new one within 7 days. Cancelling a card or a direct debit doesn’t cancel what you owe.
26.3 Clauses 8.6 to 8.9 still apply: every price is plus GST, there are no card surcharges, and you can query a charge.
26.4 If you’re going to have trouble paying, tell us before the payment is due. We’ll talk it through in good faith, and any new schedule we agree is put in writing. A new schedule changes when you pay, not how much.
27. Building, checking and acceptance
27.1 Clauses 3, 4.1 to 4.5 and 5.1 to 5.3 apply. For the 14-day launch promise, your site is ready when we send the Ready Notice, and the refund in clause 5.2 is your first Instalment, or one twelfth of the Build Price if you paid it in one payment.
27.2 We build your site on Your Platform, using a user account you create for us. Please don’t give us your own password. You can remove our account once your build is accepted. If you remove it before then, we can’t finish: within the first 14 days, clause 25.7 applies as if you’d changed your mind, and after that it doesn’t change what you owe.
27.3 When your build matches your Order Form, we email you a Ready Notice with a link to check it and a list of what we built.
27.4 You then have 5 Business Days to tell us in writing about anything that doesn’t match your Order Form or doesn’t work. New ideas and changes beyond your Order Form are extra work under clause 33, and they don’t hold up acceptance.
27.5 We fix what you’ve listed that’s within your Order Form and tell you when it’s done. You then have 5 Business Days to check those fixes.
27.6 Your build is accepted on whichever of these comes first: a 5 Business Day check period ends without you asking for fixes; you tell us it’s accepted or ask us to publish it; or your site goes live to your customers on your domain. The check period runs whether or not you reply. We still make any fixes you asked for in time.
28. If a payment is missed
28.1 If a payment fails, we email you that day, and our payment provider tries again over the next few days.
28.2 If any amount is still unpaid 14 days after its due date, we send you a written notice. It says what’s owed, and that if it isn’t paid within 14 days of the notice, the whole unpaid Build Price becomes due straight away. If there’s a Guarantor, they get a copy.
28.3 If it’s still unpaid 14 days after that notice, the whole unpaid Build Price becomes due and payable immediately, and we may charge it to your payment method.
28.4 From that day until it’s paid, you pay interest on any overdue amount, worked out daily as simple interest, at the rate that applies at the time to unpaid judgment debts in New South Wales under section 101 of the Civil Procedure Act 2005 (NSW).
28.5 You also pay the reasonable costs we actually incur in recovering an overdue amount, including reasonable debt collection and legal costs. The same goes for us: if we owe you a refund and haven’t paid it 14 days after it falls due, we pay the same interest and costs.
28.6 We don’t send the notice in clause 28.2 for an amount you’ve disputed in good faith under clause 8.8 while we look into it.
28.7 While an amount is overdue, we may stop work on your site, including the Care Plan and extra work, until it’s paid. We never change, damage or lock you out of your site or Your Platform ourselves, and we never put anything in your site that could.
29. Your platform is yours to look after
29.1 Your Platform is in your name, and you pay its fees directly, including hosting, domain, theme, plugin and app subscriptions. If your build needs a paid theme, plugin or app, we tell you first and you buy it in your name.
29.2 From the Acceptance Date, unless your Care Plan says we do it, you look after updates to your platform, theme and plugins, backups, security, and who has access.
29.3 We’re not responsible for problems caused by changes made by you or anyone other than us, by your platform or host (updates, outages, or changes to features or pricing), by third-party themes, plugins and apps, or by updates not being made. We can fix them as extra work under clause 33, or under your Care Plan if it covers them.
29.4 Schedule 1 applies only to information we handle ourselves, during the build or under your Care Plan. Forms, bookings and analytics on Your Platform are handled by that platform, under your own agreement with it.
30. The 30-day fix period
30.1 For 30 days after the Acceptance Date, if something we built doesn’t work as your Order Form says, tell us in writing and we fix it at no charge, unless it was caused by something in clause 29.3.
30.2 After those 30 days, fixes are extra work under clause 33, or part of your Care Plan if it covers them. Clauses 17.2 and 17.3 still apply.
31. Who owns what
31.1 From day one, your domain, Your Content, Your Platform and its accounts, every login and admin account, and your trade marks and logo are yours. Clauses 12.1 and 12.2 still apply.
31.2 Until the Build Price is paid in full, we own the copyright in the Site Design. You have a non-exclusive licence to use it on your site, for your business, unless it ends under clause 31.4.
31.3 Once the Build Price is paid in full, the copyright in the Site Design passes to you, and we give you any design files on request. We can still show your site in our portfolio under clause 13.5.
31.4 If the whole unpaid Build Price becomes due under clause 28.3, we may end your licence by written notice. It ends 14 days after that notice unless everything overdue is paid by then. Once it has ended, you must stop using the Site Design, by taking it down or replacing it with a design that isn’t ours. Using it after that infringes our copyright, and we may ask your platform or host to remove it. If you later pay everything you owe, the licence comes back and clause 31.3 applies.
31.5 Ending the licence doesn’t reduce what you owe, and it never touches Your Content, your domain or your accounts.
31.6 The Site Design doesn’t include the Platform, third-party themes, plugins, fonts, images or apps (their makers license those to you), or the general components and know-how we reuse for other clients. Once the Build Price is paid, you have a permanent licence to use any of our reusable components that are in your site, on your site.
32. The Care Plan
32.1 A Care Plan is optional and quoted separately. If your Order Form includes one, it starts on the Acceptance Date unless your Order Form gives another date, and it covers what your Order Form lists.
32.2 It runs month to month at the Care Fee in your Order Form, plus GST. The Care Fee is fixed for the first 12 months of the Care Plan, then clauses 10.2 and 10.3 apply.
32.3 Either of us can end the Care Plan at any time with 30 days’ written notice. Clause 11.10 applies to any Care Fee you’ve paid in advance.
32.4 Ending the Care Plan, for any reason and by either of us, never ends or reduces the Build Price or your Instalments.
33. Extra work
33.1 Work outside your Order Form, the 30-day fix period and your Care Plan is extra. We quote it in writing first and only start once you accept the quote.
33.2 We invoice it as the quote says. If an invoice is still unpaid 14 days after a written reminder, clauses 28.4 to 28.7 apply to it.
34. Refunds
34.1 We start work when you accept your Order Form. The 30-day switch-back doesn’t apply, and the Build Price isn’t refundable.
34.2 The only exceptions are clause 25.7 (changing your mind in the first 14 days), clause 5.2 (the 14-day launch promise), clauses 11.5 and 35.2 (if we breach this agreement), clause 35.4, and your rights under the Australian Consumer Law.
35. Ending
35.1 The parts of this agreement about the Build Price, paying, missed payments and ownership last until the Build Price and anything else owed are paid in full. You can only end them early under clause 25.7 or clause 35.2. The Care Plan ends under clause 32.3.
35.2 If we breach this agreement and don’t fix it within the time in clause 11.5: before the Acceptance Date, you can end this agreement and nothing more is payable; after it, you can end the Care Plan straight away. Your other rights under the law aren’t affected.
35.3 If you breach this agreement in another material way and don’t fix it within 14 days of our written notice, we can stop work and end the Care Plan. The Build Price stays owed on its schedule.
35.4 Clauses 20.4 and 21.3, and the right to object to a new subprocessor in Schedule 1, work like this under this Part. Before the Acceptance Date, you can end this agreement, nothing more is payable, and you don’t keep the Site Design. After it, you can end the Care Plan, and the Build Price stays owed.
36. Director’s guarantee
36.1 This clause applies when the Client is a company and the person who accepts your Order Form is one of its directors. By accepting, that director agrees to this clause personally, in their own name, as well as accepting for the company. No separate signature is needed. If the person who accepts isn’t a director, this clause doesn’t apply.
36.2 In return for us entering into this agreement, the Guarantor guarantees that the Client will pay the Build Price and any interest and costs under clause 28, and agrees to make good our loss if it doesn’t. The Guarantor is never liable for more than those amounts.
36.3 Once the whole unpaid Build Price has become due under clause 28.3, we can ask the Guarantor in writing to pay it. The Guarantor pays within 14 days of that notice. We don’t have to take action against the Client first.
36.4 The guarantee lasts until everything it covers is paid, even if the Client sells or closes its business, the Guarantor stops being a director, or we give the Client more time to pay. It doesn’t grow if we agree a change to the Order Form without the Guarantor’s written consent.
36.5 The Guarantor confirms they’ve read this clause and could get independent legal advice before accepting.
Schedule 1: Data Handling
You decide what your site collects and why. We handle it only on your behalf and only on your documented instructions: your Order Form, these Terms, and any written tracking instructions you give us.
S1.1 Roles
As a health service provider, you’re likely an organisation covered by the Privacy Act 1988 (Cth), whatever your size. We act for you. If we think an instruction you give us would breach the Privacy Act, we tell you.
S1.2 What we handle
- Enquiry form submissions, only for the moment it takes to pass them to you (S1.3).
- Analytics about visits to your site.
- Taps on your phone number, counted in analytics. We don’t see who called or what was said, and we don’t record calls.
- Contact details for your staff.
- Bookings usually go straight to your booking system and don’t pass through us.
S1.3 Enquiry forms
Form submissions are processed in Sydney and sent straight to the email address in your Order Form. We don’t store them: nothing stays on our systems once a submission is delivered. If delivery fails, the visitor sees an error with your phone number, so no enquiry is silently lost. Our forms don’t ask for details of a health condition.
S1.4 The Standard Privacy Configuration
Every site is set up like this:
- Analytics measures visits in aggregate. We use Google Analytics 4 with Google Signals, advertising features and user-ID turned off, so your analytics data isn’t used to target ads.
- No advertising pixels or tags: no Meta Pixel, Google Ads tags, TikTok pixel or remarketing.
- Nothing from your enquiry forms is sent to any analytics or advertising platform: no form contents, search terms, email addresses or phone numbers, hashed or not.
- Because nothing on the site is used for advertising, there’s no consent banner.
- Taps on your phone number are counted. Calls are never recorded.
S1.5 Advertising tools you ask for
If you tick the Meta Pixel, Google Ads tracking or another advertising tool in your Order Form, or ask for one in writing, we set it up like this:
- It only runs after the visitor agrees, through a short consent prompt that names the tools and what they’re used for.
- It can record that someone enquired, booked or called, so your ads can be measured, but it never receives form contents, email addresses or phone numbers, hashed or not.
- It doesn’t run on pages about specific conditions or treatments.
We only change this setup on your written instruction, after telling you the risk. Vet clinics don’t handle human health information, so for vets we can set these tools up without these limits if you ask.
S1.6 What we commit to
- We use your information only to provide the services.
- We don’t sell it, and don’t disclose it except to the subprocessors below or where the law requires.
- We protect it with HTTPS, multi-factor authentication on our accounts, access limited to the people who need it, current software, and backups.
- Our staff and subcontractors are bound by confidentiality.
- We help you respond to access and correction requests and complaints about information we hold for you.
S1.7 Subprocessors
| Provider | What for | Where data is stored |
|---|---|---|
| Amazon Web Services, Sydney region | Hosting your site’s pages, which hold no patient information | Sydney |
| AWS Lambda and Amazon SES, Sydney region | Processing form submissions and delivering them to your inbox, without storing them | Sydney |
| HubSpot | Quotes, invoices and our records of your business contact details | United States |
| Stripe | Card payments, your billing details only | United States |
| Analytics, including taps on your phone number | United States |
We give you 30 days’ notice before adding a new subprocessor that handles your patients’ information. If you reasonably object on privacy grounds and we can’t accommodate it, you can end this agreement with no unpaid Build Instalments payable.
Analytics data goes to Google overseas. Your privacy policy needs to say so.
S1.8 Data breaches
If we become aware of unauthorised access to, disclosure of, or loss of your information that we hold, we tell you without undue delay and within 48 hours, with what we know. We take reasonable steps to contain it and help you assess, within the 30 days the law allows, whether it’s an eligible data breach. We don’t notify your patients or the Privacy Commissioner on your behalf unless you ask us to.
S1.9 When the agreement ends
We don’t store form submissions (S1.3). Any other information we hold for you is deleted within 30 days after the end date, once you’ve had the chance to export it under clause 12, except anything the law requires us to keep.
S1.10 Questions about security
Once a year, on request, we answer your reasonable questions about how we protect your information and give you a written summary of our security measures.
S1.11 Your own advice
We’re not your privacy adviser. Get your own advice about your privacy policy, notices and consents.
Schedule 2: Free homepage mockup terms
These apply when you request a free homepage mockup, before you’ve signed anything.
- Free, with no obligation. We rebuild your homepage as a mockup and walk you through it on a 15-minute call, at no cost. You don’t have to buy anything.
- What you let us use. You let us use your current website content, logo, images and Google Business Profile information, only to make your rebuild. You confirm you’re authorised to request it for this practice.
- Keep the ideas. You can use the ideas and design direction in your rebuild however you like, including with another developer.
- The files stay ours. We keep the copyright in the mockup’s files, code, and any images and copy we created. Please don’t copy the mockup itself, or give its files to someone else to reproduce.
- How we contact you. We use your details to send your rebuild and to follow up once. We won’t add you to a mailing list unless you agree.
- We won’t publish it. We won’t publish your rebuild or use it in our marketing without your written permission.
- The preview link stays live for a limited time, which we set, then closes.
- We delete your materials within 12 months of sending your rebuild, or sooner if you ask, unless you’ve become a client.
- Please don’t send patient information. A mockup never needs it.
- It’s a preview. It’s built from your public information. Nothing goes live until you’ve signed an Order Form and approved the site.