Terms of service

1. Who you are dealing with

We are a website studio based in Poland, working with Australian businesses. We say that plainly on every page rather than setting up a shell company to look local.

We do not have an ABN and we are not registered for Australian GST. That has two practical consequences, both in your favour:

• No GST is added to the price. If your business is registered for GST you account for it yourself under the reverse charge rules, which normally nets out to nothing. If it is not registered, you pay less than you would to a local supplier who must add 10 per cent.
• The 47 per cent no-ABN withholding does not apply. That rule covers supplies made through an enterprise carried on in Australia. We do not carry one on, so there is nothing for you to withhold.

You get an invoice with our company name and Polish registration numbers, which your accountant treats like any other overseas supplier. If your business needs an Australian entity on the paperwork, we are not the right fit and we will tell you so before you pay anything.

2. What we build

A complete business website, rebuilt from the one you already have: every page, working properly on phones, tablets and desktops, with a contact form, your details, and a panel you can edit yourself.

The full scope is listed on the What you get page, and that list forms part of this agreement. If something is not on that list and we have not agreed it in writing, it is not included.

3. Price, GST and payment

The price is $1,500 AUD for the scope agreed at the start. Australian Consumer Law requires the total price to be shown up front, so that is what we show - there is no figure that grows at the end.

No GST is added. We are an overseas supplier and are not registered for Australian GST. If your business is GST-registered you account for it yourself under the reverse charge rules, which normally nets out to nothing. If it is not registered, the price you see is simply what you pay - about 10 per cent less than a local supplier who has to add GST.

• Nothing until you accept. We rebuild your site, send it to you and make any changes you ask for before a single invoice exists. Payment falls due only once you have seen the finished site and said you want it.
• No subscription. There is no monthly fee and nothing to cancel.
• No hidden extras. If you ask for something outside the agreed scope we quote it separately and wait for you to say yes.

4. Timing

Five to ten working days from the point we have your go-ahead and your materials. If we are waiting on something from you, that time does not count against us - we will say so rather than let a deadline slide quietly.

Your existing website keeps running the whole time. Nothing is switched off until you approve the replacement.

5. What we need from you

Very little. We work from what is already on your site. Where you do send us material - photographs, logos, text, price lists - you confirm that you have the right to use it, and that we may use it to build your site.

Your one real job is to check that what we have written about your business is factually correct.

6. Changes and approval

You see the finished site on a private preview link before anything goes live and before anything is due. Tell us what to change and we change it - no revision limit and no extra charge within the agreed scope.

The site goes live when you say so. We do not publish on a schedule of our own.

7. Who owns what

• You own the finished site outright once it is paid for - the files, the design, the content.
• The domain and hosting accounts are in your name, not ours. You can move them any time without asking us.
• It is standard WordPress. No proprietary framework, no licence key, nothing that stops working if you stop dealing with us.
• We keep the right to show the finished site as an example of our work. Tell us not to and we will not.
• Stock photographs we supply are licensed for use on your site. That licence does not extend to printed material or other websites.

8. Hosting and domain after the first year

The first twelve months of hosting and your domain are inside the price. After that they renew directly with the provider, at whatever that provider charges. The accounts are in your name, so the invoice comes to you and the decision is yours.

We take nothing from those renewals and you owe us nothing ongoing. If you choose not to renew, the provider switches the service off and the site stops - the same as it would with any host.

9. Your rights under Australian law

Under the Australian Consumer Law our services come with guarantees that cannot be excluded. We are required to provide them with due care and skill, fit for the purpose you told us about, and within a reasonable time.

If we fail one of those guarantees you are entitled to a remedy. For a minor failure we fix it. For a major failure you may cancel and get a refund, or keep the work and claim compensation for the drop in value.

Nothing in this document takes those rights away, and any wording that appeared to would simply have no effect - a business that tries to exclude them is breaking the law by trying.

10. If you change your mind

Before you order: nothing is owed. The rebuild we sent you costs you nothing and is deleted after 30 days if you do not reply.

While we are building: tell us to stop and we stop. Nothing has been charged, so there is nothing to refund.

After you have seen it but before you pay: saying no costs nothing. The rebuild is deleted and that is the end of it.

After approval and payment: the site is yours. If something is wrong with it, section 9 applies.

11. What we are not responsible for

• Your position in Google. We build the technical foundation properly and we map your old addresses to the new ones so rankings carry over. We do not promise a position - anyone who does is guessing.
• Content you supply. If the text or photographs you send us are not yours to use, that is on you.
• Outages at your provider. Hosting, domain registry and email providers have their own terms and their own failures.
• Changes you make after handover. You can edit everything, which also means you can break something. We will help you put it back.

None of this limits the guarantees in section 9.

12. Disputes

Tell us first. Most problems are a misunderstanding that can be fixed the same day, and we would rather fix it than argue about it.

If that does not settle things, you can take the matter to the ACCC or your state or territory consumer protection agency (Fair Trading in NSW, Consumer Affairs in Victoria, and their equivalents elsewhere). You do not need our agreement to do that.