Terms and Conditions

Who these terms are with

These terms are between your business and me, Max Jacobs, a sole trader running Max Jacobs Web Design (ABN 43 597 814 497). They apply to every service I provide, along with the proposal you sign. If the proposal and these terms say different things, the proposal applies.

My services are for businesses. "You" means the business I'm working for.

Your rights under consumer law

Nothing in these terms excludes, restricts or changes any consumer guarantee, right or remedy you have under the Australian Consumer Law. Where a clause limits what I'm responsible for, it only does so as far as the law allows.

Prices and GST

My prices are on my pricing page, and your proposal confirms the price of your work. Prices are + GST, which is added to every invoice.

Work outside your proposal or plan is charged at my hourly rate, also on that page, with a one‑hour minimum.

Before the price of a monthly plan or care plan changes, I'll tell you in writing at least 30 days ahead. If you'd rather not pay the new price, you can end your plan before it starts, even with less than 30 days' notice.

The website build

You can pay for the build upfront, half to start and half at launch, which takes 10% off the price. Or you can spread it out on the payment plan, at the full price. Either way, work starts once the first payment has cleared.

Your proposal lists what the build includes. Anything it doesn't list, such as a logo, photography or video, isn't included.

The payment plan

The payment plan spreads the build, or a Google Ads setup, over monthly payments with no interest. Here's how it works:

• Payments are taken automatically each month, by card or direct debit.
• Until the build is paid off, the website is licensed to you and stays on my hosting. Your domain is always yours.
• If a payment is 14 days late, I can take the site offline after written notice.
• If you end your monthly plan, or stop working with me, before it's paid off, whatever is left to pay is due at once.
• Once it's paid off, the website and its content are yours: see who owns what.

Monthly marketing plans

Monthly marketing plans run month to month, with no lock-in contract. A plan starts at launch and is billed monthly in advance.

Website care plans

• Care plans run month to month. They're billed every month, never quarterly or by the season, since the costs behind them run monthly.
• Each plan includes time each month for small edits and fixes. Unused time doesn't carry over to the next month.
• I can only promise the uptime my hosting provider promises me.
• New pages, new features, redesigns, content writing, SEO and other work outside the plan are charged at my hourly rate.

Google Ads

You pay for your ads yourself, straight to Google, under Google's own terms. My fee is for the work, never the clicks. The Google Ads account is in your business's name and stays yours.

Social media

Social media is done by the social media specialist I work with. She quotes and invoices you herself, not through me, and there's no GST on her prices. Your agreement for that work is with her.

One tradie per trade per area

While you're on a monthly marketing plan, I won't take on another monthly marketing client in your trade for the towns you target. Your trade is the main service your customers search for. Website care clients and single-service clients don't count toward this.

Who owns what

• Your domain, your data and your own accounts, such as Google Analytics, Search Console, your Business Profile and Google Ads, are always yours.
• The website and its content are yours once the build is paid for: at launch if you paid upfront, or once the payment plan is paid off.
• I keep my templates, design system, build systems and methods. They're how I build every site, so they stay mine.

Once the build is paid for, you can move your site anywhere, and I'll give you a copy of the finished site with its content and images. My design system and templates don't come with it, so later changes are made to that copy.

Results

I can't promise a specific ranking on Google or a set number of leads, and nothing in these terms is a promise of either.

Access and ending a plan

You give me access to your accounts by invite, never by sharing a password.

You can end a monthly plan or care plan at any time with 30 days' notice in writing. Anything still owed on the payment plan is then due at once.

When we stop working together, I hand back or remove my access to every one of your accounts on the same day.

I can end a plan with 30 days' notice in writing too. If I'm the one ending it, the payment plan carries on as agreed instead of falling due at once.

Indemnity

You're responsible for the material you give me to use, such as photos, logos, words and claims about your business. If someone makes a claim against me because that material breaks their rights or the law, you'll cover my reasonable costs of dealing with that claim.

Limitation of liability

As far as the law allows, I'm not liable for indirect loss, such as lost profits, lost jobs or lost data. My total liability for any claim is limited to what you paid me for the work it's about: the build price, or the last 12 months' fees for a plan.

This doesn't limit your rights under the Australian Consumer Law.

Disputes

If something goes wrong, email me first and I'll work with you to fix it. If we can't settle it within 30 days of that email, we'll try mediation through the Victorian Small Business Commission before either of us goes to court. These terms are governed by the laws of Victoria.

Privacy

How I collect, use and store your details is set out in my privacy policy.

Changes to these terms

If I change these terms, I'll update the date at the top of this page. I'll email current clients at least 30 days before a change applies to them, and you can end your plan before it does.