TERMS & CONDITIONS
These Terms & Conditions apply to all services supplied by WP Design Host through wpdesignhost.com.au or otherwise agreed directly with a client.
By accepting a quote, requesting or authorising work, purchasing a service, paying an invoice or continuing with a recurring service after being provided notice of these Terms, the client agrees to these Terms together with any specific scope, quote, proposal or service agreement applicable to the engagement.
Where a quote or written service agreement contains terms that differ from these Terms, the specific written agreement will take priority to the extent of that inconsistency.
1. Services
WP Design Host provides website design and development, WordPress support and maintenance, website hosting, SEO, Google Ads management, analytics, conversion tracking and related digital services.
The exact services provided to each client are determined by the applicable quote, proposal, invoice, subscription or other written agreement.
WP Design Host acts as an independent contractor and not as an employee of the client.
2. Scope of Work
Work is performed according to the agreed scope.
Requests outside the agreed scope may be quoted separately or charged at the applicable professional rate advised by WP Design Host before the additional work proceeds.
WP Design Host will not knowingly undertake material work outside the agreed scope without client approval.
Any estimate of time is an estimate only unless expressly stated to be a fixed deadline.
3. SEO & Google Ads Management
SEO and Google Ads management are professional management services and may include analysis, monitoring, strategy, reporting, optimisation, technical review, search-term and keyword analysis, conversion analysis, competitor or auction analysis, website and landing-page review, and implementation of changes where appropriate.
Unless expressly stated otherwise in a quote or service agreement, a management service does not guarantee or require:
a minimum number of platform changes, configuration edits or account adjustments;
a fixed number of labour hours each month;
a particular search-engine ranking, advertising position, number of enquiries, conversions, sales or revenue; or
changes to be made merely for the purpose of creating visible platform activity.
Professional management may reasonably result in an existing configuration being retained where analysis indicates that it is already performing effectively or that unnecessary intervention may adversely affect performance.
Search engines, advertising platforms, competitors, auctions, algorithms, websites, market conditions and client or third-party changes are outside WP Design Host’s exclusive control. Results therefore cannot be guaranteed.
Advertising spend payable to Google, Meta or another advertising platform is separate from WP Design Host’s management fees unless expressly stated otherwise.
4. Reporting and Analysis
Reporting may include data obtained from Google Ads, Google Analytics, Search Console, Looker Studio, website enquiry records, advertising platforms and other relevant sources.
Analysis and reporting form part of the professional service and are not separate from campaign or SEO management.
WP Design Host may use software automation and AI-assisted tools to analyse information, assist with research, identify opportunities and help structure or prepare reports. Professional judgement, interpretation and responsibility for recommendations remain with WP Design Host.
5. Third-Party Access and Changes
Where WP Design Host is responsible for managing an SEO, advertising, analytics or website environment, the client must inform WP Design Host of any other provider who is given edit or administrative access and is expected to make changes to the same environment.
WP Design Host is not responsible for adverse results arising from changes made by the client, another agency, contractor or other third party.
Where third-party changes make responsibility for performance unclear, WP Design Host may temporarily pause optimisation while responsibilities are clarified.
If shared management materially increases the agreed scope, WP Design Host may quote separately for the additional work or either party may end the service in accordance with the cancellation provisions below.
6. Recurring Services and Minimum Terms
Recurring SEO, Google Ads management, website management and similar ongoing services are subject to any minimum service period stated in the applicable quote or proposal.
Unless otherwise stated in writing, new SEO and Google Ads management engagements have an initial minimum term of three months.
After the initial minimum term, the service continues on a rolling monthly basis unless otherwise agreed.
Either party may terminate a rolling monthly service by providing at least 14 days’ written notice before the next billing or renewal date.
Where notice is received less than 14 days before the next billing or renewal date, the termination will take effect at the end of the following applicable service period.
This notice requirement applies equally to WP Design Host and the client, except where immediate suspension is reasonably required because of non-payment, unlawful activity, security risk or a material breach.
7. Billing and Payment
Recurring service fees are billed according to the billing cycle stated on the quote, invoice or service agreement.
Unless otherwise agreed, recurring management retainers are billed in advance for the applicable service period.
Invoices must be paid by the due date shown on the invoice.
Ending or transferring a service does not cancel amounts already invoiced or fees properly incurred before the effective termination date.
WP Design Host may suspend services where an invoice becomes overdue after providing reasonable notice to the client.
Prices may change from time to time. Clients receiving recurring services will receive at least 14 days’ notice of any change that affects their next service period.
8. Cancellations and Refunds
A client may cancel a service in accordance with the cancellation provisions above and any minimum service period contained in the applicable quote or agreement.
Fees for services already performed or service periods already commenced are not refundable merely because the client changes their mind, changes provider or no longer wishes to continue the service.
Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.
Where the Australian Consumer Law requires a remedy because a service has failed to comply with an applicable consumer guarantee, WP Design Host will provide the remedy required by law.
This wording is substantially safer than an absolute “no refunds” provision because consumer guarantees can apply to services purchased by businesses for less than $100,000, and those statutory rights cannot simply be removed by a business’s refund policy.
9. Website Design and Development
Website design and development will be performed according to the agreed scope.
Reasonable revisions within that scope may be included where stated in the quote. Additional revisions, redesigns, functionality or changes outside the agreed scope may be quoted separately.
Completion dates may be affected by delayed client content, approvals, third-party systems, hosting providers, plugins, software vendors or circumstances reasonably outside WP Design Host’s control.
The client is responsible for reviewing and approving completed work.
10. Client Content and Legal Compliance
The client is responsible for ensuring that information, images, trademarks, advertising claims and other content supplied to WP Design Host can legally be used.
Unless specifically engaged to provide legal or regulatory compliance services, WP Design Host is not responsible for determining whether client-supplied content complies with copyright, privacy, advertising, industry or other laws.
11. Intellectual Property
Upon full payment of the applicable project fees, the client receives ownership of the final bespoke website content, designs and development work created specifically for that client, except for:
pre-existing WP Design Host intellectual property;
general techniques, templates, code libraries, processes and know-how;
third-party software, fonts, images, themes, plugins and other licensed materials; and
anything otherwise identified in writing as licensed rather than transferred.
Third-party products remain subject to their respective licence terms.
12. Hosting and Third-Party Services
Hosting and other infrastructure may rely on third-party data centres, software, telecommunications networks, domain registries, DNS providers, security providers and other suppliers.
WP Design Host will use reasonable care in managing services under its control but cannot guarantee uninterrupted availability of third-party infrastructure.
WP Design Host is not responsible for outages or failures caused by circumstances reasonably outside its control, including external provider failures, internet or power outages, cyberattacks, force majeure events or changes made by third parties.
13. Support
Support relates to products and services supplied or managed by WP Design Host.
Normal support requests are generally responded to within a reasonable timeframe during business days. Emergency, after-hours or out-of-scope support may attract an additional charge where advised beforehand.
14. Limitation of Liability
To the maximum extent permitted by law, WP Design Host is not liable for indirect or consequential loss arising from matters reasonably outside its control.
Nothing in these Terms excludes or limits liability, consumer guarantees or other rights where doing so would be unlawful.
Where liability can lawfully be limited, it will be limited to the extent permitted by applicable Australian law.
15. Suspension or Termination
WP Design Host may suspend a service where reasonably necessary because of:
an overdue invoice;
a material breach of the agreed terms;
a security risk;
illegal or harmful activity;
failure to provide information or access reasonably required to perform the service; or
another material circumstance that makes continued provision of the service unreasonable.
Except where urgent action is reasonably required, WP Design Host will provide reasonable notice and an opportunity to resolve the issue.
16. Disputes
If either party believes there is a problem with the services, invoices or agreement, the concern should first be raised in writing with sufficient detail for the other party to understand and respond to it.
Both parties agree to make a reasonable attempt to resolve a dispute directly before commencing formal proceedings, except where urgent legal relief is required.
17. Changes to These Terms
WP Design Host may update these Terms for future services.
Material changes affecting an existing recurring service will be notified to the client before they take effect and will apply prospectively to future service periods rather than retrospectively to work already performed.
18. Australian Consumer Law
Nothing in these Terms is intended to exclude, restrict or modify rights or remedies that cannot lawfully be excluded, restricted or modified under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.
Services supplied to consumers may carry guarantees including that they are supplied with due care and skill, are reasonably fit for an agreed purpose and are supplied within a reasonable time where no time has been agreed.
19. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the jurisdiction of the courts and tribunals having jurisdiction in Queensland, subject to any rights that apply under Australian law.