Terms & Conditions
These Terms & Conditions (“Terms”) outline how we work together. By purchasing a service, completing a Stripe checkout, paying an invoice, or instructing us to proceed, you agree to these Terms.
Who We Are
Tom Wilson Digital (Trading as Wilson’s Web Development)
ABN: 86 384 274 806
Email: support@tomwilson.digital
Who You Are
The individual or business purchasing our services (“you”, “client”).
1) Services We Provide
We provide two services. The specific billing, cancellation, and ownership terms that apply depend on which service you have purchased.
The Local Demand Framework — a done-for-you digital marketing system designed to generate consistent inbound enquiries for service-based businesses. It may include, where relevant:
- Website design and build
- Local SEO setup and ongoing optimisation
- Google Business Profile optimisation
- Tracking and analytics configuration
- Paid advertising setup and management
- Ongoing management, reporting, and optimisation
The Website Service — a managed website and online presence subscription designed to get your business online and found locally, without the higher-tier ad management of the Local Demand Framework. It is covered in full by Section 6.
Exact inclusions, pricing, and billing terms are outlined on the checkout page or confirmed in writing. Anything not explicitly listed is not included.
2) Onboarding & Kick-Off
All projects begin with a recorded kick-off call. This replaces written onboarding forms. During this call we confirm your services, goals, access requirements, and next steps.
You agree to attend the kick-off call and provide reasonable access to required accounts (domains, Google Business Profile, ad accounts, analytics, etc.).
3) Your Responsibilities
- Provide timely access, approvals, and information when requested
- Respond to questions and feedback within a reasonable timeframe
- Ensure your business complies with applicable laws and platform policies
Delays in access, feedback, or approvals may extend timelines.
4) Revisions & Scope
- Revisions cover refinements to the agreed direction — not entirely new concepts or additional features.
- Out-of-scope work will be quoted separately and only completed with approval.
- Launching or approving deliverables constitutes acceptance of the work.
5) Payments & Billing – Local Demand Framework
Setup Payments
- Setup fees are paid upfront via Stripe.
- Where a Pay in 2 instalment option is selected, the project will be launched only after the second payment has been successfully received.
- Work may begin after the first instalment at our discretion, but final launch will not occur until full setup payment is complete.
Ongoing Subscriptions
- Monthly subscriptions begin the month after launch, unless otherwise specified in writing.
- Ongoing services are billed automatically via Stripe on the scheduled billing date.
- There are no lock-in contracts for ongoing management services.
Cancellations
- You may cancel ongoing services at any time with written notice.
- Cancellations take effect at the end of the current billing period.
- The current month’s fee is not refundable once billed.
- All work and management will cease at the end of the paid period.
Website Hosting After Cancellation
- If you cancel ongoing services but wish to keep your website online, a website hosting and maintenance fee of $200 per month is required.
- This fee covers hosting, security updates, and keeping the website live.
- If this fee is not paid, the website may be taken offline after the final paid period.
Missed or failed payments may result in paused services until resolved.
6) Payments & Billing – Website Service
What’s included
While your subscription is active, the Website Service includes:
- design, build and launch of a professional website for your business;
- hosting of that website;
- set-up, optimisation and ongoing management of your Google Business Profile;
- listing your business consistently across relevant online directories;
- a monthly report on your Google Maps ranking; and
- ongoing management — including website changes you request by email, responses to your reviews, and posts to your Google Business Profile.
Support is provided by email.
Fees and payment
You may choose either billing option at checkout:
- Monthly: $500 per month plus GST, billed monthly in advance via Stripe, recurring automatically until cancelled.
- Upfront option: $1,200 plus GST for your first 3 months, paid in advance — a $300 saving over that period. After your first three months, billing continues at $500 per month plus GST, recurring automatically until cancelled. The $1,200 rate is an introductory rate for your first term only and does not continue beyond it.
You authorise us to charge your nominated payment method for all fees as they fall due. If a payment fails or is overdue, we may suspend the Service — including taking your website offline — until payment is made.
30-day guarantee
If you are not happy with your new website, you may request a full refund of the fees you have paid within 30 days of your website going live. On a valid request we will refund those fees, cancel the Service, and take your website offline. This guarantee covers your satisfaction with the website we build — it does not require any particular ranking or business result.
Cancellation
- After any prepaid term, the Service is month-to-month and you can cancel at any time with written notice. Cancellation takes effect at the end of your current paid period.
- Outside the 30-day guarantee, fees already paid are not refunded for partial periods — including the prepaid first term if you cancel partway through it — except where required by law.
Website ownership
- We design and build your website using our own systems, templates and code. We own all intellectual property in the website (including its code, design and build) for the first 12 months of your continuous subscription. During this period you have a licence to use the website as part of the Service, and it remains hosted and managed by us.
- After 12 months of continuous, paid subscription, ownership of your website transfers to you, and you may keep it or move it elsewhere.
- If you cancel before 12 months, the website and all intellectual property in it remain ours. Your live website will be taken offline, and you are not entitled to the website files or code.
Your Google Business Profile and domain
- Your Google Business Profile is and always remains yours. We manage it on your behalf while the Service is active; we do not own it and we do not hold it.
- You register and hold your own domain name; we will help you connect it to your website. On cancellation, your domain stays with you.
7) Advertising Spend & Third-Party Costs
- Advertising spend is paid directly to platforms (e.g. Google Ads) and is separate from our fees.
- Any third-party tools, subscriptions, licenses, or services are your responsibility unless explicitly stated otherwise.
8) Images, Media & Content
If you have existing photos or videos, we will use them where appropriate.
If you are based in Melbourne, we can arrange a professional photo or filming session as an optional add-on. For clients outside Melbourne, we may use high-quality stock imagery initially and update assets over time as your own content becomes available.
Original photos of your business are strongly recommended for best results.
9) Intellectual Property
- For Local Demand Framework projects, upon full payment you own the final website and marketing assets created specifically for your business.
- Ownership of websites provided under the Website Service is governed by Section 6 (Payments & Billing – Website Service), under which we retain ownership for the first 12 months of continuous subscription.
- We retain ownership of our internal frameworks, templates, systems, and processes.
- Third-party assets remain subject to their respective licenses.
- You grant permission for us to display non-confidential work in our portfolio unless requested otherwise in writing.
10) Performance & Expectations
We implement proven systems and act with reasonable care and skill. However, specific outcomes such as rankings, lead volume, or revenue cannot be guaranteed due to factors outside our control (market conditions, competition, sales process, seasonality, and platform changes).
11) Confidentiality & Data
We treat your business information as confidential and use it only to deliver services. For details on data handling, see our Privacy Policy.
12) Liability & Service Limitations
We provide services with reasonable care and skill. However:
- We do not guarantee any specific outcomes, including rankings, lead volume, traffic, sales, or revenue.
- We are not liable for any loss of leads, sales, revenue, or business opportunities arising from the use of our services.
- We are not responsible for website downtime, outages, or technical issues caused by hosting providers, third-party platforms, software updates, domain registrars, or external services.
- We are not liable for issues arising from client-provided content, inaccurate information, or actions taken by you or your staff.
- We are not responsible for advertising account suspensions, policy violations, or decisions made by Google, Meta, or other platforms.
To the maximum extent permitted by law, our total liability is limited to the fees paid to us in the three (3) months prior to any claim. We are not liable for indirect or consequential losses.
Nothing in these Terms limits rights under Australian Consumer Law.
13) Website Transfers
If you own your website and request to move it to another hosting provider after cancellation, we will assist where reasonably possible. Any work required to facilitate a transfer will be quoted separately based on time required. Websites provided under the Website Service are only transferable once ownership has passed to you under Section 6.
14) Termination
These Terms apply from the date of purchase and continue month-to-month for ongoing services. Either party may terminate ongoing services with written notice as outlined in Sections 5 and 6.
15) Changes to These Terms
We may update these Terms from time to time. The latest version will always be available on our website and applies to new purchases.
16) Governing Law
These Terms are governed by the laws of Victoria, Australia.
Acceptance
By purchasing, paying an invoice, or instructing us to proceed, you confirm that you have read and agree to these Terms and our Privacy Policy.