Service Terms & Condition

1. Agreement

These Service Terms & Conditions (“Terms”) govern the provision of services by Built For The Trade (ABN 12 513 574 833) (“Built For The Trade”, “we”, “us” or “our”).

These Terms apply to all services, products, subscriptions, features and related offerings made available by us through our website, store, onboarding process, project workflow, or otherwise in connection with our business.

By purchasing, subscribing to, accessing, or using our services, you (“Client”, “you” or “your”) acknowledge that you have read these Terms and agree to be bound by them, together with our Refund Policy and Privacy Policy, where applicable.

If there is any inconsistency between these Terms and any written proposal, scope, package description, or other document issued by us, these Terms will prevail to the extent of the inconsistency unless expressly agreed by us in writing. If there is any inconsistency between these Terms and the Refund Policy in relation to refunds, cancellations or cooling-off rights, the Refund Policy will prevail to the extent of that inconsistency.

2. Nature of Services

Built For The Trade provides template-based, productised website services on a subscription basis.

Our services are provided under a licensing model, and not as a one-off transfer or sale of a fully custom-built website. Our offering is designed to provide a streamlined, fixed-scope website solution using pre-designed templates, systems and frameworks, with limited customisation as set out in the selected package.

Unless otherwise expressly agreed in writing, our services may include:

• setup, configuration and launch of a website using a selected template;
• partial design customisation, including the application of branding elements and limited layout adjustments within template constraints; and
• hosting and website update support in accordance with the inclusions, allowances, exclusions and fair use requirements of the selected plan.

Unless otherwise expressly agreed in writing, our services do not include:

• fully custom website design;
• bespoke development outside the selected package; and
• advanced or custom functionality not expressly included in the selected plan or purchased as an add-on.

3. Scope of Services

3.1 Included Services

The services included in your purchase are limited to the inclusions stated in the package description applicable at the time of purchase, together with any additional inclusions expressly confirmed by us in writing.

Unless otherwise specified in writing, the initial website build may include:

• website setup and configuration using the selected template;
• application of your supplied branding elements, including your logo, colours and typography;
• population of content and assets supplied by you;
• contact forms and basic integrations expressly included in the selected package;
• basic on-page search engine optimisation foundations, which may include page titles, meta descriptions, heading structure and basic website structure; and
• hosting for the duration of your active subscription.

After the initial website build has been approved and launched, eligible website update services will be provided in accordance with the allowance and conditions of your selected subscription plan, as described in section 10.

3.2 Excluded Services

Unless expressly included in your selected package or separately approved and purchased, the services do not include:

• substantial structural, visual or layout changes;
• fully custom website design or development;
• the creation of new pages, page templates, sections or functionality;
• advanced functionality, including but not limited to portals, custom booking systems, memberships, eCommerce functionality or bespoke integrations;
• copywriting, photography, videography, graphic design or other content creation;
• logo design, branding or brand strategy;
• search engine optimisation campaigns, ongoing SEO services, keyword research, backlink building, content strategy, search ranking guarantees or paid advertising;
• domain registration, business email services or third-party subscription costs unless expressly stated;
• changes to, or support for, third-party systems that are not managed by us; or
• website updates, support or change requests beyond the inclusions, allowance or fair use requirements of your selected plan.

Any service not expressly included in the selected package is outside scope. We may decline an out-of-scope request or offer to complete it as additional work at an agreed hourly rate or fixed fee.

We will obtain your approval before commencing separately chargeable additional work.

4. Client Obligations

You agree to:

• provide all content, assets, credentials, information, approvals and other materials reasonably required by us to perform the services;
• ensure that all materials supplied by you are accurate, lawful, not misleading, and do not infringe the rights of any third party;
• provide feedback, decisions and approvals within a reasonable timeframe; and
• cooperate with us as reasonably required for the delivery of the services.

You are solely responsible for the accuracy, legality, ownership and licensing of all materials supplied by you.

You warrant that you have authority to engage us, provide all supplied materials and credentials, and instruct us to access, configure or make changes to any website, domain, account, platform or third-party service provided by you.

You authorise us and our contractors to use the access and credentials supplied by you only to the extent reasonably required to provide the services.

You must promptly revoke or update any access credentials after the services end where those credentials are controlled by you.

We are not liable for any delays, defects, errors, costs or issues arising from:

• incomplete, inaccurate or late information or materials supplied by you;
• your failure to respond to requests or approvals in a timely manner; or
• any third-party claim relating to content or assets supplied by you.

We may pause the project or services if required information, approvals or materials are not provided.

5. Timeframes

Any delivery timeframes, launch windows or turnaround estimates provided by us, whether on our website, in correspondence, or during onboarding, are estimates only and are not guaranteed.

Actual timeframes may vary depending on a range of factors, including:

• your responsiveness;
• the complexity or volume of the work;
• the timing of approvals and content delivery;
• internal scheduling; and
• third-party platform or provider dependencies.

To the maximum extent permitted by law, we are not liable for delays caused by you, a third-party provider, scheduled or emergency maintenance, events outside our reasonable control, or any other circumstance that we could not reasonably prevent or overcome.

Nothing in this section limits any right or remedy that cannot lawfully be excluded, including any right relating to the supply of services within a reasonable time under the Australian Consumer Law.

6. Revisions and Variations

Unless otherwise stated in writing, each website build includes two (2) rounds of revisions.

The revision allowance applies only to the initial website build before final approval and launch. It is separate from, and does not reduce or increase, any ongoing website update allowance included in your subscription plan.

A revision round means one consolidated set of feedback submitted by you. Multiple separate messages, requests or instructions may be treated as separate revision rounds where they are not provided as a reasonably consolidated set of feedback.

Once the website has been approved for launch, any further request will be treated as an ongoing website update, support request or additional work under section 10, as applicable.

Included revisions are limited to:

• content edits;
• image replacements or updates; and
• minor design adjustments within the limitations of the selected template.

Revision requests that exceed the included rounds, fall outside template constraints, materially change the agreed direction, or otherwise require additional work may be treated as a variation.

6.1 Additional Work

Any additional work or variation may be charged:

• at an agreed hourly rate; or
• at a fixed fee quoted by us.

These charges may be invoiced separately or added to your subscription, at our discretion.

We are not required to perform additional work unless and until you approve the applicable charges.

7. Subscription, Payments and Billing

7.1 Subscription Model

All services are provided on a subscription basis and are subject to a minimum term of twelve (12) months, unless otherwise stated in writing.

Your subscription includes the website licence, hosting and the website update or support allowance stated for your selected plan.

Plan inclusions apply only while the subscription remains active and all payments are up to date.

7.2 Initial Payment and Ongoing Billing

Where a service is purchased through our website or online checkout, the first payment is paid upfront at the time of purchase in the currency selected at checkout.

Following checkout, you must complete the required direct debit authorisation process through GoCardless for the balance of the subscription term and all ongoing recurring payments.

Your upfront checkout payment forms part of your selected subscription and is not an additional fee.

You acknowledge that the currency selected or authorised through GoCardless for your recurring subscription payments may differ from the currency used for your initial checkout payment. If this occurs, your ongoing subscription payments will be adjusted to the standard subscription price applicable to the currency selected or authorised through GoCardless, based on our then-current pricing for that supported currency.

For the avoidance of doubt, the initial checkout payment does not lock in or guarantee recurring subscription pricing in a different currency, and recurring payments will be charged in the currency authorised through GoCardless at the applicable regional price for that currency.

7.3 Payment Method

All subscription payments must be made by direct debit via GoCardless, unless we expressly agree otherwise in writing.

We currently accept supported payments and subscriptions in the following currencies only: AUD, NZD, USD, CAD, EUR, and GBP.

By subscribing to our services, you:

• authorise recurring direct debit payments through GoCardless;
• agree to complete any required payment authorisations promptly;
• agree to maintain valid, current and accurate payment details at all times;
• acknowledge that your subscription may not proceed, or may be suspended, if payment setup is not completed; and
• acknowledge and agree that the currency authorised through GoCardless for your ongoing subscription payments will determine the applicable recurring subscription pricing, even if it differs from the currency used for your initial checkout payment.

For assistance relating to direct debit setup or support information, please refer to the GoCardless Support Centre.

7.4 Minimum Term Commitment

The minimum term commences on the date of purchase, unless a different commencement date is expressly confirmed by us in writing.

The minimum term remains binding regardless of:

• whether the website has launched;
• whether the website is actively used;
• whether your business operations change or cease; or
• whether you later upgrade or downgrade your plan.

If you seek to terminate your subscription before the end of the minimum term, this does not extinguish your obligation to pay all amounts due for the balance of the minimum term, and we may require immediate payment of those amounts, except to the extent expressly provided in our Refund Policy, including any applicable cooling-off period.

7.5 Pricing and Taxes

Unless otherwise stated, all pricing is inclusive of GST where applicable in Australia.

Where taxes, duties or similar government charges apply in another jurisdiction, those amounts may be charged in accordance with applicable law.

Pricing is set by region and currency. The recurring subscription price confirmed when your GoCardless authorisation is established will apply for the remainder of your initial minimum term, unless a pricing change is required by law, results from a change requested by you, or is otherwise agreed with you in writing.

After the initial minimum term, we may change the subscription price by giving you at least thirty (30) days’ written notice. If you do not accept the revised price, you may cancel the subscription before the revised price takes effect, subject to any payment obligations already accrued.

We do not guarantee that pricing in one currency will be equivalent to pricing in another currency after exchange rate conversion, and you acknowledge that localised pricing may vary between currencies and regions.

7.6 Failed Payments

If any payment fails, is declined, reversed, dishonoured, or cannot be processed, we may, without limitation:

• retry the payment;
• suspend or restrict access to the services;
• disable, unpublish or limit access to the website;
• pause any support, maintenance or ongoing work; and/or
• terminate the services in accordance with these Terms.

7.7 Late Payments and Debt Recovery

If any amount remains unpaid, we may take such steps as we consider reasonably necessary to recover the outstanding debt.

If payment remains overdue for more than thirty (30) days, we may escalate the matter to debt recovery proceedings, including but not limited to:

• referral to a third-party debt collection agency;
• formal legal proceedings; or
• any other lawful recovery action available to us.

You agree to pay:

• all outstanding amounts owing to us; and
• any reasonable costs incurred by us in recovering the debt, including administrative costs, debt collection fees, legal costs, and disbursements on a full indemnity basis where permitted by law.

Any suspension, restriction, or termination for non-payment does not waive, reduce or otherwise affect your payment obligations under these Terms.

8. Cancellations, Downgrades and Refunds

8.1 Refunds

Refunds, cancellations and any applicable cooling-off rights are governed by our Refund Policy, as updated from time to time.

Unless otherwise required by law or expressly stated in the Refund Policy, payments are non-refundable once work has commenced.

8.2 Plan Changes

If you request to downgrade your plan, we may, at our discretion, issue an account credit where appropriate.

Any such credit:

• is not redeemable for cash;
• is non-transferable; and
• must be used towards Built For The Trade services within any period specified by us.

Downgrading a plan does not remove or reduce your minimum term commitment unless we agree otherwise in writing.

8.3 Cancellations

Any cancellation of services, including any cancellation during an applicable cooling-off period, is subject to our Refund Policy.

Except where expressly stated otherwise in the Refund Policy or required by law, cancellation does not relieve you of any payment obligations already incurred or due under the minimum term.

9. Intellectual Property, Ownership and Licence

9.1 Our Ownership

All rights, title and interest in and to our templates, systems, frameworks, methods, processes, designs, codebase, structure, documentation and related intellectual property remain our property or the property of our licensors.

Nothing in these Terms transfers ownership of any of our intellectual property to you.

9.2 Licence to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the website delivered to you for the duration of your active subscription and solely for your internal business purposes.

9.3 Restrictions

You must not, and must not permit any third party to:

• copy, reproduce, distribute, republish, resell or exploit our templates, systems or frameworks;
• transfer the website to another provider;
• host the website externally unless expressly authorised by us in writing;
• remove, alter or obscure any proprietary rights notices; or
• use the website or any part of our system in a manner that infringes our rights or the rights of any third party.

Upon cancellation, termination, or expiry of your subscription:

• your licence to use the website immediately ends; and
• we may remove, disable, or take the website offline.

10. Hosting, Website Updates and Support

10.1 Hosting

Hosting is included while your subscription remains active and your payments are up to date.

Hosting may include website infrastructure, content management system access where applicable, uptime monitoring, security administration, platform updates and related technical management.

Hosting does not guarantee that the website will be continuously available, uninterrupted or free from defects, including where an interruption or defect is caused by maintenance, technical issues, third-party providers or circumstances outside our reasonable control.

10.2 Essentials Plan

The Website + Hosting (Essentials) plan includes up to one (1) hour of eligible website update services per billing month after the initial website has been approved and launched.

Eligible website updates may include:

• editing existing text supplied by you;
• replacing or updating images supplied by you;
• adding or updating testimonials within an existing website section;
• adding or updating gallery items within an existing gallery;
• updating staff, service, contact or business information within existing website layouts; and
• other minor content changes that can reasonably be completed within the existing website structure and template.

The monthly allowance:

• is measured according to the time reasonably spent reviewing, preparing, completing, checking and communicating about the requested update;
• does not roll over, accumulate, transfer or have a cash value;
• expires at the end of each billing month, whether or not it has been used;
• cannot be used for work outside the eligible website update scope; and
• may be applied across one or more requests until the monthly allowance has been exhausted.

Where a request is likely to exceed the remaining monthly allowance, we may:

• complete only the portion that reasonably falls within the available allowance;
• schedule the remaining eligible work for a subsequent billing month; or
• offer to complete the remaining work as separately chargeable additional work.

We will not charge for work exceeding the allowance without first obtaining your approval.

10.3 Support Plan

The Website + Hosting + Support (Support) plan includes eligible website update services on an unlimited reasonable-use basis after the initial website has been approved and launched.

Eligible website updates under the Support plan are limited to minor content and administrative changes within the website’s existing structure, template, functionality and design system, including the types of changes listed in section 10.2.

The Support plan does not provide unlimited design, development, consultancy, SEO, content creation or project work.

Support requests must be reasonable in their frequency, volume, complexity and urgency, having regard to the nature and price of the plan and the needs of our other clients.

We may group, prioritise and schedule requests reasonably according to their complexity, urgency and our available production capacity.

10.4 Requests Not Included in Website Update Services

Neither the Essentials plan allowance nor the Support plan’s reasonable-use support includes:

• new pages, page templates or substantial new website sections;
• website redesigns or substantial layout changes;
• new functionality, custom development, animations or bespoke interactions;
• third-party integrations or substantial changes to existing integrations;
• copywriting, photography, videography, branding or graphic design;
• ongoing SEO services, SEO campaigns, paid advertising or marketing services;
• bulk content entry, substantial gallery population or website migrations;
• changes required because of alterations made by you or another third party;
• support for domains, email accounts or third-party services not managed by us; or
• urgent, same-day, after-hours, weekend or public holiday work unless expressly agreed by us.

Requests falling within these categories may be declined or quoted separately as additional work.

10.5 Fair Use

To keep the Support plan sustainable for all clients, it is subject to fair use.

A request or pattern of use may fall outside fair use where it:

• involves an unusually high or continuous volume of requests;
• amounts to an ongoing redesign, redevelopment or content production project;
• requires recurring work that would ordinarily be provided under a separate retainer or professional service;
• unreasonably monopolises our production capacity;
• involves repeated reversals, replacement of previously approved work or fragmented instructions that create unreasonable additional work; or
• otherwise materially exceeds what a reasonable client would expect from minor ongoing website support.

If we reasonably consider that use falls outside fair use, we will notify you and may:

• ask you to consolidate or prioritise your requests;
• schedule the work over a reasonable period;
• exclude the relevant work from the plan;
• provide a separate quote; or
• recommend a different service arrangement.

We will not impose an additional charge without your approval.

10.6 Submitting Requests and Turnaround

Website update and support requests must be submitted through a communication channel approved by us and must include all information, content, assets and instructions reasonably required to complete the request.

Turnaround times are estimates only and may vary depending on the nature of the request, the completeness of your instructions, our production schedule and third-party dependencies.

Unless we expressly agree otherwise in writing, no plan includes guaranteed same-day or priority turnaround.

10.7 Client Access and Changes

Where we provide you with content management system access, you are responsible for any changes made through your account or by any person to whom you provide access.

Work required to investigate, correct or restore changes made by you or a third party is not included in your website update allowance or Support plan and may be quoted separately.

We may restrict administrative access where reasonably necessary to protect the website, our systems, our intellectual property or the security and stability of the services.

11. Third-Party Services

The services may incorporate or rely on third-party products, platforms or providers, including but not limited to:

• Shopify;
• hosting providers;
• content management systems;
• domain registrars;
• payment processors;
• plugins, integrations and software tools.

We do not control third-party services and are not responsible for any unavailability, outage, delay, pricing change, policy change, security incident, discontinuance, defect, or performance issue caused by a third-party provider.

We may assist with third-party issues where reasonably practicable, but we do not guarantee uninterrupted or error-free operation of any third-party service.

12. Limitation of Liability

To the maximum extent permitted by law, we exclude all liability for any indirect, incidental, special or consequential loss, including but not limited to:

• loss of profits;
• loss of revenue;
• loss of business;
• loss of leads;
• loss of goodwill;
• loss of opportunity;
• loss of data; or
• business interruption.

Without limiting the above, we are not liable for:

• website downtime or performance issues;
• delays in delivery;
• errors or omissions in content supplied by you;
• third-party outages, failures or disruptions; or
• any loss arising from your misuse of the services.

To the maximum extent permitted by law, our total aggregate liability arising out of or in connection with the services or these Terms is limited to the total amount paid by you to us in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory right or other right that cannot lawfully be excluded, including under the Australian Consumer Law.

13. Indemnity

You indemnify and hold harmless Built For The Trade, its owners, directors, employees, contractors and agents from and against any loss, liability, damage, cost or expense (including reasonable legal costs) arising out of or in connection with:

• any materials, content, data or assets supplied by you;
• your breach of these Terms;
• your misuse of the services; or
• any claim that your content or materials infringe the rights of a third party or breach any law.

14. Project Pauses and Re-Engagement

If you become unresponsive, fail to provide required materials, or otherwise delay the project for a prolonged period, we may pause the project until the required inputs are received.

Any pause may:

• affect delivery timeframes;
• require rescheduling into our production queue; and
• result in restart, re-engagement or administrative fees.

We will not remove a live website solely because a project or account has been inactive, provided payment obligations continue to be met.

15. Suspension and Termination

We may suspend, restrict or terminate the services immediately if:

• you fail to make payment when due;
• you breach these Terms;
• you use the services in a fraudulent, unlawful, harmful or inappropriate manner; or
• we are required to do so to comply with applicable law or the requirements of a third-party provider.

Upon suspension or termination:

• access to the website and related services may be restricted or removed;
• your licence to use the website immediately ends; and
• any amounts properly due under these Terms, including any amounts payable for the remaining minimum term under section 7.4, become due and payable, subject to our Refund Policy and any rights or remedies that cannot lawfully be excluded.

Sections of these Terms which by their nature should survive termination, including payment obligations, intellectual property provisions, indemnities and limitation of liability, will continue in full force and effect.

16. Privacy

Your submission of personal information through our website, checkout, forms, onboarding process or services is governed by our Privacy Policy, as updated from time to time.

By using our services, you acknowledge that you have read our Privacy Policy and understand how we collect, use and disclose personal information.

In the event of any inconsistency between these Terms and the Privacy Policy in relation to the collection, use, processing or disclosure of personal information, the Privacy Policy will prevail to the extent of that inconsistency.

17. General

These Terms are governed by the laws of Victoria, Australia. You submit to the exclusive jurisdiction of the courts of Victoria and the courts entitled to hear appeals from them.

We may update these Terms from time to time for operational, legal, regulatory or security reasons.

Updated Terms will apply to new purchases from the date they are published. For an existing subscription, an update will apply from the date notified to you, provided that it does not retrospectively alter accrued rights or materially increase your obligations during an existing minimum term without your agreement, except where the change is required by law or is reasonably necessary to address a security, platform or regulatory requirement.

Where a change materially affects an ongoing subscription, we will provide reasonable notice before the change takes effect.

Your continued use of the services after any amendment takes effect constitutes acceptance of the updated Terms.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

Our failure to enforce any right or provision under these Terms does not constitute a waiver of that right or provision.

18. Contact

If you have any questions about these Terms or our services, or would like to contact us regarding any legal or administrative matter, you may contact us at:

Built For The Trade
Email: support@builtforthetrade.com.au
Address: Level 2, 65 Dover Street, Spacey Studios, Forum, Cremorne, VIC, 3121, Australia