Terms of Service

1. Services Provided

Sutera Sites provides:

• Custom website design and development
• Hosting and maintenance plans
• Domain management (optional)
• SEO setup and on-page optimisation
• Google Ads campaign setup and management
• Social media management (Instagram and Facebook)
• Design and print collateral (capability statements, business cards, signage, flyers, templates)
• Optional add-on services (automation setup, CRM integration, AI integrations, etc.)

Specific scope, pricing, and inclusions are outlined in your proposal, invoice, or subscription agreement.

2. Payment Terms

2.1 Commencement of Work

Website design and development will not commence until:

• The first payment (deposit or first monthly subscription payment) has been successfully processed; and
• The client has agreed to these Terms.

Payment constitutes formal approval to begin work.

2.2 Subscription Plans

For subscription-based website hosting plans:

• Billing occurs monthly in advance.
• A minimum commitment period of 6 months applies unless otherwise agreed in writing.
• If cancelled before completion of the minimum term, the remaining balance of that term must be paid in full.

Add-on services (Google Ads management, social media management, automation, and similar retainers) are billed month-to-month and may be cancelled with 7 days' notice before the next billing cycle, unless otherwise agreed in writing.

Failure to process payment may result in:

• Website suspension
• Hosting suspension
• Restricted access to services

Services will resume once outstanding balances are cleared.

2.3 Upfront Build Projects (If Applicable)

If a project includes an upfront build fee:

• A 50% deposit is required before work begins.
• The remaining 50% is due upon completion and prior to website launch or transfer.
• Deposits are non-refundable once work has commenced.

2.4 Failed or Late Payments

All invoices must be paid within 7 days of issue unless otherwise stated.

If a payment fails:

• You will be notified.
• A 3 to 7 day grace period will be provided.
• Continued non-payment may result in website suspension or termination.

Sutera Sites reserves the right to recover any outstanding balances.

2.5 Pause vs Cancellation (Subscription Plans)

Clients may request to pause their subscription once during the minimum term for up to 30 days.

During a pause:

• Billing is suspended.
• The minimum term is extended by the length of the pause.
• The website may be temporarily taken offline if hosting costs are not covered.

If cancelled before the minimum term is completed, the remaining balance must be paid in full.

2.6 Refunds

Subscription payments already processed are non-refundable. On cancellation, services continue to the end of the paid period. Deposits on upfront builds are non-refundable once work has commenced.

2.7 GST

Sutera Sites is not currently registered for GST. Prices quoted do not include GST and no GST is charged on invoices. If our GST status changes, clients will be notified before any change takes effect on invoicing.

3. Hosting and Maintenance

All hosted websites include:

• Secure hosting and SSL
• Routine uptime monitoring
• Minor maintenance (small text edits, link fixes, image swaps) up to 15 minutes per month, where included in the plan
• Reasonable bandwidth and resource allowance

Some retainer plans include a separate allocation of monthly content updates. The scope of those updates is set out in the client's individual subscription agreement.

If bandwidth or resource usage materially exceeds the included allowance, hosting may be upgraded to a higher tier. Clients will be notified of any pricing change at least 14 days before it takes effect. Hosting fees are non-refundable once the billing period begins.

Routine backups are managed by our hosting provider. Sutera Sites does not maintain separate offline backups beyond what the hosting platform provides. Clients may request a copy of their site files at any time during the active subscription.

4. Ownership & Transfer

For subscription-based websites:

• Full ownership transfer (if requested) is only available after the minimum term has been completed and all outstanding balances are paid.
• Early transfer requests may require a buyout fee equivalent to the remaining subscription term.

If hosting is cancelled, Sutera Sites is not obligated to maintain or store website files beyond 14 days after termination.

5. Domain Registration

If Sutera Sites registers or manages your domain:

• The domain remains your property while invoices are paid.
• Domain transfers may be requested once the minimum term has been completed and your account is in good standing.
• Domains are billed separately and renewed annually.

6. Revisions and Scope

Each website project includes one round of revisions after initial presentation, unless a different number is agreed in writing.

Additional revisions, feature additions, or scope changes will be quoted separately or billed at our standard hourly rate.

7. Client Responsibilities

You agree to:

• Provide accurate and lawful content
• Respond to communications and approval requests within agreed timeframes (typically 1 to 2 business days for non-urgent matters)
• Ensure provided content does not infringe third-party rights
• Maintain access to your own payment method, domain registrar, and platform accounts where required

Delays in content or approvals may affect timelines.

Sutera Sites typically responds to client communications within one business day. Urgent issues should be flagged via phone or SMS to 0434 542 005.

8. Cancellation & Termination

Either party may terminate a project with written notice.

For subscription websites:

• 7 days' notice is required before the next billing cycle.
• Minimum term conditions still apply.

If payments lapse for more than 7 days, the website may be suspended or removed.

9. Google Ads Services

For Google Ads management:

• Advertising spend (paid to Google) is separate from our management fee and billed directly by Google to the client's payment method.
• Sutera Sites does not guarantee specific rankings, impression share, click volumes, conversion rates, lead counts, or return on investment. Performance depends on market conditions, budget, competition, and the client's own sales process.
• The client is responsible for handling and converting leads delivered by the campaign.
• Landing page or website changes outside the agreed scope are quoted separately.
• On cancellation, the Google Ads account remains the client's property. Sutera Sites' access will be removed.

10. Social Media Services

For social media management:

• The client is responsible for approving content where an approval workflow is agreed.
• Sutera Sites is not liable for platform suspensions, account bans, algorithm changes, reach fluctuations, or content moderation decisions made by Meta or other platforms.
• The client retains ownership of all final published content. Sutera Sites retains the right to use this work in its portfolio (see Section 14).
• Account access provided to Sutera Sites will be revoked on cancellation.

11. Intellectual Property

On full payment, the client owns the final design and published content of their website.

Sutera Sites retains rights to underlying frameworks, code libraries, design systems, components, and reusable elements that are used across multiple client projects. Nothing in these Terms grants the client an exclusive licence to those underlying assets.

12. Content & Image Licensing

The client warrants they hold the rights to all content (text, images, logos, video, brand assets) supplied to Sutera Sites and indemnifies Sutera Sites against any third-party claim arising from supplied content.

Where stock imagery, fonts, or icons are sourced by Sutera Sites, only properly licensed assets will be used.

13. Lead & Customer Data

All leads, enquiries, form submissions, and customer data captured through the client's website or campaigns are the property of the client.

Sutera Sites does not retain, sell, or share this data beyond what is required to deliver the service (for example, routing form submissions to the client's nominated email or phone number).

14. Portfolio & Publicity

Sutera Sites may display completed work, including the client's name, logo, and screenshots, in its portfolio, case studies, social media, and marketing materials, unless the client requests otherwise in writing.

15. Third-Party Services

Sutera Sites relies on third-party providers including (but not limited to) Cloudflare, Vercel, Stripe, Formspree, Google, Meta, and domain registrars. Sutera Sites is not liable for outages, data loss, service changes, pricing changes, or account actions taken by these providers.

16. Limitation of Liability

Sutera Sites is not liable for:

• Loss of revenue due to downtime
• Third-party outages
• Indirect or consequential damages

Liability is limited to the total amount paid to Sutera Sites within the previous 3 months. Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law that cannot lawfully be excluded.

17. Force Majeure

Neither party is liable for delays or failures in performance caused by events outside its reasonable control, including natural disasters, internet or hosting outages, third-party platform failures, government action, pandemic, or serious illness.

18. Privacy & Data

• Client information is used solely for service delivery.
• We do not sell data.
• All data is handled in accordance with the Australian Privacy Act 1988 and the Australian Privacy Principles.

Full details are set out in our Privacy Policy.

19. Future Add-On Services

Future services (automation, CRM, AI integrations, etc.) may be governed by separate agreements but remain subject to these payment and cancellation terms.

20. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be resolved in the courts of Victoria.

Both parties agree to attempt good-faith resolution before commencing formal proceedings.

21. Changes to These Terms

We may update these Terms at any time.

Material changes will be communicated with at least 7 days' notice. Continued use of our services after that period constitutes acceptance of the updated Terms.

22. Contact