LEGAL

Terms of Service

Effective date: 21 September 2026

1. About these terms

WiTEDS is the registered business name WITEDS of a sole trader, ABN 88 263 506 353, based in Perth, Western Australia. “We”, “us” and “our” mean that business. “You” means the person or business using our website or engaging our services.

These terms explain use of witeds.com and the general basis on which we supply digital services. Service terms apply when provided to you and incorporated into a quote, proposal or service agreement that you accept. Merely browsing the website or sending an enquiry does not engage us for paid work.

If an accepted written service agreement differs from these general terms, the specific agreement takes priority to the extent of that difference. Nothing in either document removes rights that cannot lawfully be excluded.

2. Enquiries, consultations and quotes

An enquiry or consultation helps us understand your requirements. It does not commit you to a paid project. Our initial consultation is free and lasts 30 minutes.

We respond to quote requests within 3–5 business days. Business days are Monday to Friday, excluding public holidays in Western Australia. This is a response timeframe, not a promise that a final quote or completed project will be delivered within that period. We may need further information to prepare a quote.

A quote or proposal identifies the work, fees, relevant taxes, payment arrangements and any validity period. Paid work begins after the scope and terms are accepted and any agreed commencement requirements are met. The person accepting on behalf of a business must be authorised to do so.

3. Scope and changes

We provide only the services and deliverables described in the accepted agreement. These may include website design and development, e-commerce, maintenance, search optimisation, advertising, CRM integration and automation.

If either party requests a change, we will explain its effect on scope, cost and timing and obtain agreement before carrying out additional chargeable work. A request for a change does not itself authorise an extra charge.

Ongoing hosting, maintenance, backups, support, advertising management and third-party subscriptions are included only when the agreement says so.

4. Your responsibilities

You must provide information, content, access and approvals reasonably needed for the agreed work. You must have the right to supply and use any text, images, branding, customer information or other materials you give us.

Please check business details, product information and other facts supplied for publication. We remain responsible for performing our agreed work with due care and skill. Your approval does not waive rights concerning defects or our obligations under applicable law.

Use secure access-sharing methods and tell us promptly if access is compromised. Do not send unnecessary sensitive personal information through our general enquiry form.

5. Timing, review and handover

Project milestones and delivery dates are set out in the agreement. If missing information, changed requirements or other circumstances affect timing, we will explain the impact and agree a revised schedule where needed.

We will give you a reasonable opportunity to review agreed deliverables and identify work that does not meet the agreed scope. Corrections needed to meet that scope are distinguished from requests for additional work. Silence alone is not acceptance of defective work.

Handover, access credentials, source files and training will be provided as specified in the agreement. Any ongoing support period must also be stated there.

6. Fees and payment

The accepted quote or service agreement sets out fees, currency, any GST treatment, deposits, milestones and payment due dates. We do not impose a standard deposit percentage, late fee or minimum contract term through this website.

Additional expenses and third-party charges require your agreement before we incur them on your behalf. Advertising spend is separate from management fees unless expressly included.

If you dispute an invoice, contact us with the reasons so we can work through it. Pay any undisputed amount when due. We will discuss overdue amounts and give reasonable written notice and an opportunity to resolve the issue before suspending work for non-payment.

7. Intellectual property and portfolio use

You retain ownership of materials you supply. You give us permission to use them as reasonably needed to perform the agreed services.

Ownership or licensing of newly created deliverables, any payment condition attached to transfer, and the files included in handover must be specified in the accepted agreement. Existing tools, reusable code and third-party materials retain their existing ownership and licence conditions. We will identify material third-party licence restrictions relevant to your intended use.

We will seek your permission before naming you in a case study or using your confidential project information, logo or results for our marketing. Public website availability alone is not permission to publish confidential information.

8. Third-party platforms and AI

Some services depend on hosting providers, domain registrars, software, payment processors, search engines, advertising platforms or CRM systems. Their separate terms and charges may apply; relevant dependencies will be identified in the agreement.

We cannot control changes or outages in third-party systems, but remain responsible for the services we have agreed to provide and any obligations imposed by law. We will discuss material changes that affect the agreed work before committing you to additional costs.

Where AI-assisted features are included, their intended use, human review and handling of business or personal information should be agreed before implementation. AI output may be inaccurate and should be checked before it is relied on. Demonstrations and prototypes are not promises of a finished product or guaranteed outcome.

9. Results and consumer rights

We do not promise a particular search ranking, level of traffic, number of leads, advertising return or business revenue unless an express commitment is included in your agreement. Outcomes depend on factors such as competition, budgets, market conditions and third-party platforms.

Our services are subject to applicable Australian Consumer Law guarantees, including due care and skill, fitness for a disclosed purpose where applicable, and supply within a reasonable time where no time is agreed. Nothing in these terms excludes, restricts or modifies guarantees, remedies or other rights that cannot lawfully be excluded.

Where a service fails to meet an applicable guarantee, you may be entitled to a remedy such as rectification, cancellation, a refund or compensation, depending on the circumstances. These terms do not impose a blanket “no refunds” rule or a general exclusion of our liability.

10. Cancellation and suspension

Either party may request cancellation in writing. The accepted agreement should describe any ongoing-service notice period and agreed cancellation arrangements.

Subject to your statutory rights and the accepted agreement, cancellation charges are limited to work properly performed and reasonable, previously authorised commitments that cannot be cancelled or recovered. We will explain those amounts and refund any unused prepaid balance after lawful deductions. No charge is imposed simply as a penalty for cancelling.

If a party materially breaches the agreement, the other party should give written details and a reasonable opportunity to remedy the breach before termination, unless urgent action is reasonably necessary for unlawful activity or a serious security risk. Any suspension should be proportionate to the issue. We will cooperate on a reasonable handover of your materials and access, subject to lawful and agreed arrangements.

11. Confidentiality and privacy

Both parties should protect confidential information received through the engagement and use it only for the agreed purpose. Disclosure may be made to people who need it for that purpose under appropriate confidentiality obligations, with permission, or as required by law. Information already lawfully public is not confidential solely because it is discussed during a project.

Our Privacy Policy explains how we handle personal information. Giving us an enquiry does not automatically subscribe you to marketing. Additional data-processing arrangements may be needed where we manage customer information on your behalf.

12. Website use

Use this website lawfully. Do not interfere with its operation, attempt unauthorised access, upload malicious material or misuse another person’s information. Website content is general information and does not replace advice tailored to your circumstances.

Website text, design and other materials are owned by or licensed to their respective rights holders. You may view and use the site for its intended purpose; other copying or reuse requires permission unless the law permits it. External links lead to independently operated websites with their own terms.

13. Questions and disputes

Contact us promptly if there is a problem so we can try to resolve it fairly. Please describe the issue, relevant project and outcome you are seeking. We will discuss next steps and keep you informed.

This process does not prevent you from exercising statutory rights, contacting a regulator or tribunal, or seeking urgent legal relief. The agreement is governed by the laws of Western Australia and applicable Commonwealth laws, without removing any mandatory protections or forum rights available to you elsewhere.

14. Updates and contact

We may update these website terms for future engagements. Changes do not retrospectively alter an existing accepted agreement without both parties’ agreement or another lawful basis.

For questions about these terms or a project, contact: