Terms & Conditions
This is the agreement Ready Site uses for delivering website services. We encourage you to read and understand the agreement as it explains what each of us are responsible for, and is designed to protect you as well as us.
These terms and conditions define our working relationship with you. Unless otherwise agreed to in writing by both parties, these terms apply from the date of our Proposal or purchases made through www.readysite.com.au and cover all of the deliverables you ask us to provide.
Ready Site is joint venture operated by:
Business Life Support (a Shute Vintners Pty Ltd business)
ACN 168 479 276
Leichhardt, NSW, 2040 Australia
and/or
Gold Coast Business Websites (trading as Paul Luxford)
ABN 95 959 273 818
Pacific Pines QLD 4211
Australia
What do both parties agree to do?
You are hiring us, Ready Site, located in Leichhardt, NSW, Australia to design and develop a website for the total price as outlined in our proposal or agreed to via purchase via our website (www.readysite.com.au).
As our customer:
- You have the power and ability to enter into this contract on behalf of your company or organisation.
- You agree to provide us with everything that we’ll need to complete the project – including text, images and other information – as and when we need it and in the format we ask for.
- You agree to review our work, provide feedback and approval in a timely manner. Deadlines work two ways and you’ll also be bound by any dates that we set together.
- We will provide the services and deliverables described in the Proposal/via our website in exchange for receipt of payment set out in the Proposal.
- We may subcontract part of the work or use external suppliers. Any subcontractors or external suppliers will be bound by the terms of this agreement.
- We will endeavour to meet all deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage.
Additional services and variations
We can assist you with services not already identified in the Proposal/our website. This will require a new agreement and attract an additional cost. Please note that service rates may be adjusted from time to time and will not necessarily be the same as set out in the current Proposal/our website. Any additional work outside the scope of the Proposal/our website including small tasks will be charged at our hourly rate.
The online world is always changing. If we think something that we had offered to do is no longer effective, or no longer available, or there is something that we consider to be even better than what we first proposed, we may choose to change parts of the service offered to you. If we change parts of the service we will let you know. There will be no extra cost to you, and no reduction in the price.
How long will it take?
We aim to deliver the services you have requested within the time frames or by the due date that we have promised in the Proposal/our website. If we are waiting on you to give us specific information, those time frames will be affected and we will need to revise the due date.
If something happens that is beyond our control like a force majeure event, and it is going to delay the time of delivery of the services, we will let you know straight away and tell you our revised due date.
Our responsibilities
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. We will communicate our progress to you regularly. We will design your website, based off the template you have selected as part of your purchase, depending on the package purchased you will be eligible for a certain number of revisions. This will be made clear in the Proposal/our website depending on the package selected.
Payment in full is required for the website development. We will ensure you receive the latest version of the site and any other associated files, and either:
ensure the website is ‘live’ and visible on the internet, as part a Monthly Support Plan; take all reasonable steps to transfer the website files to your nominated hosting account, or provide a copy of all files to you directly if unable to transfer directly to your hosting account.
Your responsibilities
- You authorise us to access your hosting account, disk space, create databases and applications, submit pages of your website to search engines and all other activities reasonably necessary to complete the deliverables set out in the Proposal/our website.
- You are responsible for providing to us all of the text content you would like us to upload to your website, unless you have elected content creation as a service.
- You will supply us photographs in digital format in the required sizes. If you wish to use stock photographs, we can suggest suitable vendors of stock photography. Any time we spend searching for appropriate photographs will be charged at our standard rate.
- You will provide all information and materials to us and respond to our requests within 7 days. If we do not hear from you within 14 days, work on your project will be suspended and the due date will be extended.
- You will carefully check the website for accuracy in all respects, ranging from spelling and grammar to technical illustrations. We are not liable for errors or omissions.
- You will co-operate with us so that we can complete the services in a timely and efficient manner.
- You will pay our accounts on time, for any outstanding or extra services required.
- You acknowledge that websites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the website development shall not constitute a reason to terminate the agreement between you and us.
- You indemnify Ready Site (including the two companies that own and operate Ready Site mentioned above) against any claims, actions, loss or damage (including legal costs) arising directly or indirectly from any:
– Errors and omissions in content;
– Unauthorised use of copyright works or other intellectual property in relation to your website;
– Failure of software supplied to you;
– Failure of services provided by the registrar;
– Failure of services provided by the hosting provider;
– Provision of services by us to you;
– Loss of website data.Testing, revisions and acceptance of the website
Once we believe the website is complete in accordance with the Proposal we will notify you in writing and provide you with an opportunity to test and review the website. If there is a problem with functionality or you believe we have missed something in the Proposal, please let us know and we will carry out any necessary and reasonable modifications without extra charge.
We will provide you with the opportunity to provide revisions of content and basic design elements after the draft website is completed (subject to the number of revisions listed in the package inclusions).
You have 7 days to provide changes and comments after we advise you the website is ready for review and approval. If you do not provide a response, we will proceed as if no changes are required.
Changes and comments must be provided in writing as one complete brief and not multiple emails. We will consider each email about changes as a separate round.
Extended revisions outside of this scope will be charged at our hourly rates.
Any additional work outside the scope of the Proposal including small tasks will be charged at our hourly rate. Additional work includes but not limited to changes to the approved design, adding extra pages, templates or new functionality. Additional work may affect deadlines and we will advise any changes before proceeding.
If the nature or functions of the project change significantly, we reserve the right to deem the current project cancelled. At this point you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
During development or after handover of the website, if anyone other than us attempts to update, edit or alter website pages, infrastructure, source files or hosting management in a way that causes damage to individual pages or the website’s architecture, time to repair pages will be treated as additional work.
Open source software
We use a range of open source software and components to supply websites and services to clients. We do not charge additional licensing fees on open source software. All software and components not developed by us retain the original licence and terms associated with that software. We cannot assign any rights to you and you agree to be bound by the original developer’s licence terms.
Intellectual property – trade mark, copyright etc
You warrant that you have all necessary copyright and other permissions to use and display online the content you provide to us for the website, and that such content does not infringe upon the intellectual property rights of any other person. Content includes any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website
You agree to indemnify us from any liability (including legal fees and costs), threatened or actual, arising from the use of information and content provided by you.
You are responsible for managing any intellectual property complaint made in regard to any of the content or operation of your website.
We reserve the right not to publish content unless you are able to provide adequate proof of permission to use that material.
When we receive your final payment and handover of the project is completed, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project.
You also own text content, photographs and other data you provided, unless someone else owns them.
We own any custom markup, CSS and other code and we license it to you for use on only this project. There are no additional fees for this in the future.
We will give you a copy of all files and you should store them safely. Unless you have elected one of our Monthly Support Plans, we are not required to keep them or provide any native source files we used to make them after handover.
Technical support
If you do not choose to sign up to one of our Monthly Website Care Plans, then the management of and updates to your website plus any support issues will be up to you.
This includes any premium software that requires licencing and renewals.
We are not a website hosting company and so do not offer or include technical support for website hosting, email or other services relating to website hosting.
If you sign up to one of our Monthly Support Plans, we will liaise with the hosting company to resolve any issues as needed.
We will provide contact details to any other relevant service providers as needed.
Third party services
The services we provide rely upon the continued operation of online third party services. We will not be liable for any third party failures affecting the provision of our services.
You acknowledge that third party search engines may change their policies and systems at any time. We will do our best to accommodate those changes promptly during the project but cannot be held liable for fluctuations, alterations or removal of your listing as a result of the actions of a third party which are out of our control.
You acknowledge that third party browsers and devices may change their policies and systems at any time. Our services are aimed toward appropriate appearance on the most common browsers – Chrome, Safari and Firefox – as well as mobile capability.
If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. We will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them.
Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software. We cannot guarantee that your website will appear perfectly on every available browser or device.
If you need us to consider older browsers, we will charge our standard rate for any necessary additional design work, development and testing.
If you enter into an agreement with a third party as a result of our recommendations, it is still your responsibility to understand and negotiate your own terms of agreement with them.
Pause / restart work
Sometimes customers need to pause work for various reasons or things get delayed. We allow a 2 week extension to the original project timeline.
If the project continues to run over schedule from a client side, a holding fee of $55 per month will be applied to keep a project dormant, billed from the 1st day after the 2 week extension has been given.
As changes in expected schedule requires reprioritisation of tasks, there will also be a restart fee of $220 when the client decides they wish for the project to start back up again. This fee plus any other outstanding invoices are required to be paid before any further work is undertaken. Continued delays will be treated in the same manner.
Abandonment
We rely upon you to provide materials and responses to our requests for information in a timely manner.
If after repeated attempts to begin, continue or finalise the delivery of services you fail to participate or become unresponsive to our emails or phone calls for a period of 30 days without explanation (abandonment), the services will be cancelled.
Upon cancellation of the services due to abandonment, you will pay us an amount equal to the greater of the deposit, or a reasonable amount for the expenses already incurred and work we have completed at that time.
If the services are terminated due to abandonment, we will not and are under no obligation to provide any deliverables. Any domain name registration within our control will be transferred and hosting will cease.
Payments
You agree to pay the cost of the services and deliverables as set out in the Proposal/our website. The prices set out in the Proposal are valid for acceptance for a period of 14 days from the date of the Proposal and are otherwise subject to change.
For Proposals we require a 50% deposit before starting work for you. The balance of payments are due at completion of the stages identified in the Proposal.
Your website will not be publicly accessible until payment for development has been received in full.
You are to pay the invoices that we send you promptly. You agree to the following payment schedule.
50% Website Project Deposit – up front
Website Project Final 50% Payment – once the website Design and Development stage is completed, prior to the Testing and Launch stage.
Costs for additional work outside the scope of this proposal are to be paid prior to the work commencing.
If you are unable to supply all of the right content, it does not mean we have not done our job. Once the site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue any outstanding invoices.
If unpaid fees remain outstanding after attempts by us to rectify the arrears, we may forward the debt to a collection agency to take further action.
If an invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in anyway.
Once the final invoice is paid we will hand over all relevant files and login details for all accounts established on your behalf.
You are solely responsible for the payment of domain registration and renewal fees.
Unless you have elected one of our Monthly Support Plans, you are solely responsible for the payment of hosting set-up and fees.
For orders made via our website, full payment is required at time of purchase.
Refunds
Once we have commenced work, fees are not refundable simply because you have changed your mind.
If you do change your mind, you will pay us an amount equal to the greater of the deposit, or a reasonable amount for the expenses already incurred and work we have completed at the time you let us know that you don’t want us to proceed. We will tell you what we think is a reasonable fee and aim to reach an agreement with you.
Limitation of liability
- We make no guarantees about any improvement you may gain as a result of our services or any increase in business that may be generated for you through our services.
- You agree that the total aggregate liability to us for any claim by you in respect of any service of services provided to you is limited to the total amount paid by you, to us for that service.
- To the fullest extent permissible by law, and without limiting the application of Australian Consumer Law, in the event of any fault in the services, our liability will be limited at our choice to:
– The supplying of the services again;
– The repair of any fault in the services caused by us;
– The payment of the cost of having any fault in the services caused by us repaired; or
– The payment of the cost of having the services supplied again.
This limitation of liability applies to the fullest extent permitted by law, and survives any termination or expiration of this agreement, or your use of our services.
General terms
Confidentiality – Some of the information that you provide to us will be information that is clearly important and confidential to your business. We will only use that information to provide services to you and will not share it. Other information you provide will be for publication as part of the service we provide to you, and that information will not be kept confidential. Our contracts and business methods are confidential to our business, and we request that you keep them confidential as well.
Privacy – Any personal information collected by us in the course of providing services will only be used to provide services to you and for no other purpose. If you provide us with a testimonial or referral, your name, job title and business may be published.
Recommendations – if we make any third party recommendations, we do so because to the best of our knowledge they are professional and successful service providers. You are still required to do all due diligence to protect your company, staff and your own legal rights.
Relationship – We are providing services to you as an independent contractor and nothing in this agreement should be interpreted to suggest otherwise.
Amendment – These terms can only be amended by agreement in writing between both parties.
Assignment – You may only assign or transfer your rights or obligations under this agreement with our prior written consent.
No Waiver – Any time or other indulgence granted by us will not in any way amount to a waiver of any of our rights or remedies under this agreement.
Governing law – This agreement is governed by the laws of Queensland and you agree to be subject to the jurisdiction of the courts of Queensland, if there was a serious dispute between you and us.
Severability – If for some reason a clause of this agreement turns out to be unlawful, void or for any reason unenforceable, the rest of this agreement will continue unaffected and that term will be severed.
Enforceability – Even if you don’t sign this agreement, if you purchase our services and we provide those services to you, you agree to these terms.
Entire agreement – Whatever ends up in this document or the Proposal is the agreement between us and anything else discussed beforehand or afterward is not part of the agreement or fees charged unless it was included.
Project Acceptance Deposit
Upon acceptance and approval of this proposal, a deposit is required to initiate the project. The deposit must be paid within 30 days from the date the proposal is signed. If the deposit is not received within the 30-day period, the proposal will be considered void, and a new proposal will need to be issued.
We, Gold Coast Business Websites, provide managed hosting services in partnership with the following hosting service providers:
Veerotech.net
ChemiCloud.com
Cloudways.com
Siteground.com
Each of our partners are the official custodians of your website and you are also bound by their terms and condiitions.
Below are our terms and conditions for utilising our managed website hosting services.
Managed Website Hosting
This simply means that you purchase your website hosting service through us, instead of going directly to a hosting provider. With purchasing hosting through us, you have access to our support and therefore contact us when there are any issues and then we handle those requests with our relevant hosting partner.
Pricing
You can view our current pricing for hosting services here .
We reserve the right to change pricing as when needed to meet market rates and the fees we incur from our partners.
Payments
All payments for our hosting accounts are due before on or before the day of renewal, as indicated on your invoice. If payment is not received within 7 days after the due date, then we will suspend your hosting account until the account has been paid in full. Account suspension will take your website offline.
Refunds
We do not provide refunds for our hosting services, unless there are special circumstances.
Hosting Account Suspension
Hosting suspension means that we place your account into a mode that your website is unable to be viewed by you or the public. Your website will display a landing page, saying that the hosting account has been suspended. Your website files, databases and email addresses are still there, but unaccessible until the account has been unsuspended by our team.
Your hosting account is at risk of suspension if the following happens:
- If you fail to pay your hosting renewal within 7 days of date of renewal.
- Your website is in breach of copyright infringement.
If payments are received past the renewal due date and your account is in suspension, there is no change to the renewal date; as we are continuing to store your website / email files
Hosting Account Termination
Hosting termination means that we will completely remove the hosting account, which will result in the loss of your website, all its files and databases and any email accounts associated with the account. This is final and cannot be undone.
Your hosting account is at risk of termination if the following happens:
- If payment has not been received after 30 days from date of renewal and have not received any replies to our renewal reminders about your account.
- Your website is in breach of copyright infringement and you do not comply within 7 days of receiving the complaint.
- You will have a total of 14 days for the following actions prior to your account termination:
- If you fail to comply and communicate your intention of compliance or do not make the necessary changes, you will have another 7 days to source a new hosting provider
- You will have a total of 14 days for the following actions prior to your account termination:
If you have any questions about these terms and conditions, please email paul@goldcoastbusinesswebsites.
Authorisation
You are engaging Gold Coast Business Websites (operating as Ready Site), as an independent contractor to perform work as described in the package(s) or service(s) you have purchased. In the event access to your website is necessary, you hereby authorise Gold Coast Business Websites (operating as Ready Site) access and “write permissions” to all directories and files of your account with any other third party hosting provider, as well as permission to install any necessary WordPress plugins for maintenance and security.
Website Care Service Plan Inclusions
Gold Coast Business Websites (operating as Ready Site) becomes the care taker of your website.
We ensure that the website is maintained regularly and functioning effectively.
Your website is a complex machine of integrated software which requires regular updates to ensure that it works and functions at all times.
The following is a detailed list of what we do to maintain your website:
- Weekly software updates.
- Weekly website backups.
- Daily Database backups.
- Monthly reporting.
- 24/7 uptime monitoring.
- 24/7 security monitoring.
- Database optimisations (when needed).
- 24/7 priority email support.
- Fix technical issues (within the scope of our capabilities – see section below for third party or client modication)
- Load speed optimisations (when necessary).
- Server side management (install latest server software – when necessary).
Support requests and reasonable use
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email hello@readysite.com.au
Each request is subject to a maximum of 30 minutes of development. The effort required for development is exclusively determined by the Gold Coast Business Websites (operating as Ready Site). For work outside of the scope of the service agreement, Gold Coast Business Websites (operating as Ready Site) may provide alternative solutions to the client including quoting for the service or providing advice about a third party service.
Gold Coast Business Websites (operating as Ready Site) provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Your requests are subject to approval by Gold Coast Business Websites (operating as Ready Site) or its assigned agent.
Copyright
Gold Coast Business Websites (operating as Ready Site) does not assume any responsibility or liability for the content of the websites it manages, maintains and/or hosts.
Pricing & Payments
All prices appearing on this site or quoted are subject to change without notice. Once a client of Ready Site, you authorise Gold Coast Business Websites to charge the payment method you submitted for all the invoices generated for the services rendered by Gold Coast Business Websites. In order to cancel your recurring payment or change payment method, simply contact paul@goldcoastbusinesswebsites.com.au prior to your payment due date, or you can cancel directly via your My Account page.
Cancellation & Refunds
Cancellation of any monthly recurring service can occur at any time after your first 1 month (30 days) of service. No Refunds are available after your purchased package or service has been started unless otherwise specified in any authorised correspondence by Gold Coast Business Websites.
Refusal of Service
Gold Coast Business Websites (operating as Ready Site) reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
Third Party or Client Modifications
With a WordPress based website, the client will independently edit or update his or her web pages after completion of the site (if built by Gold Coast Business Websites (operating as Ready Site), unless otherwise agreed upon in this agreement by the client and Gold Coast Business Websites (operating as Ready Site).
If anyone other than Gold Coast Business Websites (operating as Ready Site), or its subcontractors, attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of AUD$150+GST. Any available block purchased time can also be used.
Work to repair the website from the client and third-party modifications is outside of the scope of the monthly website care. There is a one-hour minimum.
Limitation of Liability; Disclaimer of Warranties
Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.
We will do our utmost to ensure your website performance and security is optimal, but we did not build the WordPress software, the plugins used on the website, nor the hosting platform it runs on. Ready Site (incl Gold Coast Business Websites and or Business Life Support), therefore, does not guarantee, represent, or warrant that the functions contained in your web pages or website will be uninterrupted, or error-free.
You expressly agree that your use of, or inability to use, the functions contained within your web pages or the website is at your sole risk. The entire risk as to the quality and performance of the web pages and website is with the client.
To the extent not prohibited by law, in no event will Ready Site (incl Gold Coast Business Websites and or Business Life Support) be liable to the client or any third party for any damages, including, but not limited to, any lost profits, lost savings, loss of data, business interruption, or incidental, consequential or special damages arising out of the operation of or inability to operate your web pages or website, however caused, even if Ready Site (incl Gold Coast Business Websites and/or Business Life Support) has been advised of the possibility of such damages.
Ready Site (incl Gold Coast Business Websites and/or Business Life Support) does not represent, guarantee or warrant that the functions contained in your web pages or website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and Ready Site (incl Gold Coast Business Websites and or Business Life Support) disclaims any liability relating thereto.
Acceptance
Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. Ready Site (incl Gold Coast Business Websites and/or Business Life Support) reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organisation or business. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
Please contact us with any questions regarding the Ready Site (incl Gold Coast Business Websites and or Business Life Support) Websites terms of service by email hello@readysite.com.au
Service Agreement: (Business Support Subscription)
Business Life Support is a registered business entity of Shute Vintners Pty Ltd (ACN 168 479 276) of Leichhardt, NSW 2040 (we, us and our) and Gold Coast Business Websites (trading as Paul Luxford) ABN 95 959 273 818 Pacific Pines QLD 4211 operate a joint venture Ready Site, www.readysite.com.au (our Website) which provides web development, consultancy and business support services.
This Agreement incorporates our Service Terms, which together set out the basis on which we will provide you with the services specified with the corresponding tier purchased via https://readysite.com.au/pricing/
Terms and Conditions:
These terms and conditions govern the business support services and Business Life Support subscription provide through Our Website by Business Life Support (a Shute Vintners Pty Ltd business) as part of the Subscription agreement.
Please read these terms and conditions carefully as some provisions restrict Ready Site (incl Business Life Support and Gold Coast Business Websites) liability to its subscription clients.
By subscribing to the Ready Site Business Support packages each Client agrees that he/ she has read and understood these Service terms.
Service Terms:
Business Life Support will provide the services specified in the Agreement Details (Services) to the Client in consideration for the Client paying the subscription fee to either Ready Site, Gold Coast Business Websites or Business Life Support (Fee), subject to the provisions of this agreement.
1. Term
(a) These terms commence on the date listed in the Agreement Details (Services) or when payment is received through the readysite.com.au payment portal. Subscriptions are charged monthly and can be cancelled at any time.
(b) Any additional business support will be referenced in item 2 of the Agreement Details.
2. Fees, Costs & Expenses
In consideration of the provision of the Services in accordance with this agreement, the Client will pay Ready Site, Gold Coast Business Websites or Business Life Support the Fee.
(a) The Fee is required to be paid 7 days after registration.
(b) Fees listed in the Agreement details are required to be paid within 14 days from the invoice date.
(i) If your payment is more than 14 days overdue we may suspend provision of the Services and / or charge interest on the outstanding amount at the lesser of a rate of 3% above the Reserve Bank of Australia’s cash rate target.
(ii) The following provisions apply if any Australian GST is payable in relation to these terms:
(iii) in this clause, GST Law has the same meaning as in the A New Tax System (Goods and Services) Act 1999 (Cth), and a term or expression starting with a capital letter which is defined in the GST Law but not defined in these terms has the same meaning as in the GST Law;
(iv) each consideration or payment obligation in these terms has been calculated to include an amount on account of the liability of the party making the Supply for GST in respect of the Supplies contemplated in these terms;
(v) subject to paragraph (iv), the party making the Supply is not entitled to claim from the other party any Additional Amount for GST on a Taxable Supply under these terms; and
(vi) each invoice delivered by a party under these terms will comply with the requirements for a Tax Invoice under the GST Law.
c) The following provisions apply where you are not a resident of Australia:
(i) in addition to any Fees, you are responsible for, and must pay to us upon demand, all other taxes (other than income taxes) which we are required to collect in relation to these terms; and
(ii) if you are required by any applicable law to make any deduction or withholding from any amount payable to us under or in relation to these terms, then the amount paid by you must be increased so that we receive the full amount payable under these terms net of any such deduction or withholding.
(d) Ready Site (incl Business Life Support and Gold Coast Business Websites) is permitted to charge for all costs and expenses incurred in performing the Service.
3. Disputed invoices
If the Client disputes the whole or any portion of the amount claimed in an invoice submitted by Ready Site (incl Business Life Support and Gold Coast Business Websites) , the Client must:
(a) pay the portion of the amount stated in the invoice which is not in dispute in accordance with the terms of payment set out in the invoice; and
(b) notify Ready Site in writing (within 5 days of receipt of the invoice) of the reasons for disputing the remainder of the invoice.
4. No partnership or employment relationship
Nothing in this agreement constitutes the relationship of employer and employee between the Client and Ready Site (incl Business Life Support and Gold Coast Business Websites) or between the Client Ready Site (incl Business Life Support and Gold Coast Business Websites) ’s Personnel.
This Agreement also does not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
5. Use of subcontractors
Ready Site (incl Business Life Support and Gold Coast Business Websites) is permitted to use other persons to provide some or all of the Services.
(a) Ready Site (incl Business Life Support and Gold Coast Business Websites) is responsible for the work of any of Ready Site subcontractors.
(b) Any work undertaken by any of Ready Site’s subcontractors will be undertaken to the same standard as stated in this agreement and the Specification.
6. Disclosure and ownership of intellectual property
(a) The Parties agree that, other than as expressly provided in this clause, nothing in this agreement transfers or grants to any Party any right, title or interest in or to any intellectual property in any Background IP, where Background IP means the pre-existing intellectual property rights of a party. Each party grants to the other a worldwide, royalty free, perpetual, irrevocable, transferable, non-exclusive licence to use the Background IP to the extent necessary for the Client to derive full benefit from the Services provided by Ready Site (incl Business Life Support and Gold Coast Business Websites) and to the extent necessary for Ready Site (incl Business Life Support and Gold Coast Business Websites) to perform the Services.
(b) The Client acknowledges that ownership of the Contract IP remains vested in Ready Site (incl Business Life Support and Gold Coast Business Websites), where Contract IP means any and all intellectual property produced as a result of or in connection with the Services. Ready Site (incl Business Life Support and Gold Coast Business Websites) grants to the Client an exclusive, perpetual, fully paid-up, irrevocable, worldwide licence to use the Contract IP for the sole purpose of enabling the Client to derive full benefit from Ready Site (incl Business Life Support and Gold Coast Business Websites)’s Services.
(c) Ready Site (incl Business Life Support and Gold Coast Business Websites) agrees to indemnify the Client fully against all liabilities, costs and expenses that the Client may incur if the Contract IP or Ready Site (incl Business Life Support and Gold Coast Business Websites) ’s Background IP infringes the rights of a third party, save that Ready Site (incl Business Life Support and Gold Coast Business Websites) will have no indemnity obligation if any infringement, suspected infringement or alleged infringement of the Contract IP or Background IP arises from:
(i) use of the Contract IP in combination by any means and in any form with other goods not specifically approved by Ready Site (incl Business Life Support and Gold Coast Business Websites) ;
(ii) use of the Contract IP in a manner or for a purpose not reasonably contemplated or not authorised by Ready Site (incl Business Life Support and Gold Coast Business Websites);
(iii) modification or alteration of the Contract IP without prior consent in writing of Ready Site (incl Business Life Support and Gold Coast Business Websites) ; or
(iv) any transaction entered into by the Client relating to the Deliverables without Ready Site (incl Business Life Support and Gold Coast Business Websites) ‘s prior consent in writing.
(d) The obligations accepted by Ready Site (incl Business Life Support and Gold Coast Business Websites) under this clause 6 survive termination or expiry of this agreement.
7. Confidentiality
(a) A Party which receives Confidential Information (Recipient) from the other Party (Discloser) must keep the Discloser’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality.
(b) The Recipient’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the Discloser.
(c) At the Termination Date, or when earlier directed by the Discloser:
(i) all Confidential Information must be returned to the Discloser, including all copies of the Confidential Information or any extracts or summaries of the Confidential Information that the Recipient makes and any software that the Recipient creates based on the Confidential Information; and
(ii) the Recipient must erase and destroy any copies of any software containing or comprising the Confidential Information in the Recipient’s possession or under the Recipient’s control or that may have been loaded onto a computer possessed or controlled by the Recipient.
(d) The Confidential Information does not include information which:
(i) is generally available in the public domain otherwise than as a result of a breach of clause by the Recipient; or (ii) was known by the Recipient prior to the Discloser disclosing the information to the Recipient.
(e) The Recipient agrees that the Discloser may require any of the Recipient’s personnel to sign a confidentiality agreement in a form that the Discloser approves, as a condition of the Discloser’s acceptance of any of the Recipient’s personnel.
(f) The Recipient agrees to indemnify the Discloser fully against all liabilities, costs and expenses which the Disclosure may incur as a result of any breach of this clause 7 by the Recipient.
(g) The Recipient acknowledges that damages may be an inadequate remedy for breach of this clause 7 and that the Discloser may obtain injunctive relief against the Recipient for any breach of this clause 7.
(h) The obligations accepted by the Recipient under this clause 7 survive termination or expiry of this agreement.
8. Warranties, liability and indemnities
Ready Site (incl Business Life Support and Gold Coast Business Websites) provides no warranty that any result or objective can or will be achieved or attained at all or by a given completion date any other date, whether stated in this agreement or elsewhere.
Except in the case of death or personal injury caused by Ready Site (incl Business Life Support and Gold Coast Business Websites)’s negligence, or where liability cannot be excluded or limited by law, the liability of Ready Site (incl Business Life Support and Gold Coast Business Websites) t under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by the Client to Ready Site (incl Business Life Support and Gold Coast Business Websites) under this agreement.
9. Termination
(a) Either Party may terminate this Agreement by notice in writing to the other if the other Party notified:
(i) fails to observe any term of this Agreement; and (ii) fails to rectify this breach, to the satisfaction of the notifying Party, following the expiration of 7 days notice of the breach being given in writing by the notifying Party to the other Party.
(b) Either Party may terminate this Agreement immediately upon the happening of any of the following events: (i) if the other Party commits a material breach of the agreement which is incapable of rectification; (ii) if the Client enters into a deed of arrangement or an order is made for it to be wound up;
(iii) if an administrator, receiver or receiver/manager or a liquidator is appointed to the Client pursuant to the Corporations Act; or
(iv) if the Client would be presumed to be insolvent by a court in any of the circumstances referred to in the Corporations Act.
(c) Upon termination of this agreement, subscription fees paid are not refundable. In relation to any fees, expenses or reimbursements payable by the Client to Ready Site (incl Business Life Support and Gold Coast Business Websites) in respect of any period prior to the Termination Date must be paid by the Client within 7 days after the Termination date.
10. Pause of Work
The Client has the right to request a pause in the delivery of work under this contract, subject to the following terms:
(a) The Pause Request is made in writing to Ready Site (incl Business Life Support and Gold Coast Business Websites). The request shall clearly state the reasons for the pause and provide any relevant supporting documentation or information.
(b) Upon receipt of the Pause request the work being delivered under this contract shall be paused for the duration specified in the request, unless otherwise agreed upon by both parties in writing. The pause period shall be excluded from the original contract timeline.
(c) Upon the expiration of the pause period, work shall resume as early as reasonably possible by Ready Site (incl Business Life Support and Gold Coast Business Websites) . The timeline and schedule for the resumed work shall be determined and communicated in writing within a reasonable time after the pause period ends by Ready Site (incl Business Life Support and Gold Coast Business Websites).
(d) If the Pause period exceeds four (4) weeks, Business Life Support has the right to invoice the Client for all work completed up until the Pause period start date under the same payment terms as nominated within this agreement.
(e) The Client acknowledges and agrees that the Pause request and period will result in adjustments to the overall project timeline, deadlines, and potentially associated costs.
11. Force Majeure Event
Neither Party has any liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from a Force Majeure Event, being an event which is out of the reasonable control of party and is not capable of being prevented.
12. Amendments
This Agreement may only be amended in writing signed by duly authorised representatives of the Parties.
13. Entire agreement
This Agreement contains the whole agreement between the Parties in respect of the subject matter of the Agreement.
14. Law and jurisdiction
This Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.
1. Overview
Ready Site offers a 110% Money-Back Guarantee on eligible website design packages, subject to the terms below.
If a client is genuinely dissatisfied with the final delivered website and the conditions of this guarantee are met, Ready Site will refund 110% of the website build fee paid. This guarantee applies to website design services only and does not apply to hosting, domains, third-party software, or ongoing services.
2. Eligibility Requirements
To qualify for the 110% guarantee, the client must:
- Have purchased an eligible Ready Site website package.
- Have paid all project fees in full.
- Have provided all requested content, images, branding assets and approvals within agreed timeframes.
- Have participated in the structured revision process.
- Have clearly communicated concerns in writing during the build process.
- Submit a written claim within 30 days of final website delivery.
Failure to meet these requirements voids the guarantee.
3. What Constitutes “Final Delivery”
Final delivery is defined as:
- The website being presented for final approval; or
- The website going live; or
- Written confirmation from the client that the project is complete
Whichever occurs first.
4. What the Guarantee Covers
The 110% guarantee applies strictly to:
- The website design and build fee paid to Ready Site.
It does not apply to:
- Hosting fees (monthly or annual)
- Domain registration fees
- Third-party software or plugin licences
- Payment gateway fees
- Advertising spend
- SEO services
- Copywriting services (if separately invoiced)
- Ongoing website care plans
- Work requested outside the original scope
5. Process for Claiming
To make a claim, the client must:
- Submit a written request outlining specific reasons for dissatisfaction.
- Allow Ready Site the opportunity to address and rectify concerns.
- Provide written confirmation that they do not intend to use any part of the website design, structure, or intellectual property.
6. Intellectual Property on Refund
If a refund is issued:
- All intellectual property rights remain with Ready Site.
- The client must cease using the website, design assets, layout, and any provided materials.
- The website will be taken offline.
- The client may not replicate or reuse the design in part or full.
7. Exclusions
The guarantee does not apply where dissatisfaction arises from:
- Change of business direction
- Market conditions
- Sales performance
- Personal preference changes after approval
- Delays caused by the client
- Requests beyond agreed scope
- Failure to provide content
- Hosting performance issues outside Ready Site’s control
8. Limitation
The maximum refund under this guarantee is 110% of the website build fee actually paid.
The guarantee does not create liability beyond this amount.
These terms of use apply to your use of the Website. Your purchase of any products or services from us will also be subject to separate terms, these terms are available below, and may be provided to you at the time of purchase depending on the service entered into. By using this site you accept and agree to be legally bound by our terms and conditions. We may change the terms and condition at any time without notice. Please review these terms & conditions on a regular basis so you are aware of such changes.
This website (Ready Site) is joint venture operated by:
Business Life Support (a Shute Vintners Pty Ltd business)
ACN 168 479 276
Leichhardt, NSW, 2040 Australia
and/or
Gold Coast Business Websites (trading as Paul Luxford)
ABN 95 959 273 818
Pacific Pines QLD 4211
Australia
2) Intellectual property rights
All content on this Website – including text, graphics, logos, templates, downloads, and software – is owned or licensed by Ready Site. You may not reproduce, distribute, or modify any content without our written permission, unless otherwise indicated (e.g., downloadable templates for client use).
3) Linking to the Website
(a) We encourage you to provide links to the Website. While you may use the name “Ready Site” in the text of any such link, you may not use the Ready Site logo without our prior written consent.
(b) You must not frame this Website, or represent or imply that any part of the Website belongs to anyone other than us.
(c) If we notify you that we object to the manner in which you provide links to this Website, you must immediately cease providing such links.
4) Disclaimer
(a) Information provided on this website is advice general in nature and is only intended as a general guide for Australian businesses. While every effort has been made to ensure the content is practical and useful, it is not legal or financial advice and is only an opinion or the writer, we cannot guarantee that this information is always accurate, up-to-date or complete.
(b) While we aim to keep all content accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or suitability of the Website or the information provided. Your use of any material is at your own risk.
5) Downloads and Digital Products
From time to time, we may offer toolkits, templates, or other digital content for download. These are for general guidance only and do not constitute legal, financial, or HR advice. You are responsible for ensuring any material is suitable for your business needs. We recommend obtaining independent professional advice before relying on any template or document provided.
6) Warranties and liability
(a) All express or implied guarantees, warranties, representations, statements, terms and conditions relating to these terms of use or the Website that are not contained in these terms of use, are excluded to the maximum extent permitted by law.
(b) In particular, and without limiting paragraph (a):
(i) while we endeavour to provide a convenient and functional Website, we do not guarantee that that your requirements will be met or that your use of the Website will be uninterrupted, error free or that the Website is free of viruses or other harmful components; and
(ii) we cannot be responsible for any loss, corruption or interception of data sent to or from our Website which occurs outside of our computer systems (such as those which occur while being sent over the internet).
(c) We recommend that you install and use up-to-date anti-virus, anti-spyware and firewall software on your computer.
(d) Nothing in these terms of use excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.
(e) If any guarantee, term, condition or warranty is implied into these terms of use under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
(i) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
(ii) in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
(f) Subject to paragraphs (g) and (h) and our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, our maximum aggregate liability for all claims under or relating to these terms of use or the Website whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, is limited to AUD $100.
(g) Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we are not liable for, and no measure of damages will, under any circumstances, include:
(i) special, indirect, consequential, incidental or punitive damages; or
(ii) damages for economic loss, loss of profits, revenue, goodwill, bargain, anticipated savings or loss or corruption of data,
whether in contract, tort (including without limitation negligence), in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
(h) Our liability to you is diminished to the extent that your acts or omissions (or those of a third party) contribute to or cause the loss or liability.
7) Variation of the Website
We may from time to time and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website.
8) Links and advertisements
The Website may contain links to other third party websites, and also advertisements which include embedded links. We have not reviewed any of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website. The inclusion of any link or advertisement does not imply that we endorse the linked site or the subject matter of the advertisement.
9) Privacy policy
In using the Website, you may give us personal information. By using the Website, you grant us consent to collect, store, use and disclose such personal information in accordance with our privacy policy. Please click on this link www.readysite.com.au/privacy-policy-2/ to view our privacy policy.
10) Infringing or objectionable content
If you believe the Website contains elements that are objectionable, or infringe copyright or any other rights, please contact us by email at hello@readysite.com.au and provide particulars of such content and a detailed description of why it is objectionable or infringing.
11) General
(a) If any part of these terms of use is held to be wholly or partially void or unenforceable, that part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms of use are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and Australia.
(c) These terms of use constitute the entire agreement between us and you in relation to the Website and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website.
(d) Your use of the Website is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Website, including sending you electronic notices.
(e) The provisions of these terms of use which by their nature survive termination or expiry of these terms of use will survive termination or expiry of these terms of use.
(f) No waiver, delay or failure by us to take any action shall constitute or be construed as a waiver of that or any other term, condition, option, privilege or right we may have.
(g) The words ‘such as’, ‘including’, ‘particularly’ and similar expressions are not used as nor are intended to be interpreted as words of limitation.
