WEBSITE SUBSCRIPTION PACKAGE — TERMS & CONDITIONS
(Website, Domain, Hosting, Email & Maintenance Services)
PARTIES
Provider
Brandyr Pty Ltd
ABN: 43 675 266 654
(“Brandyr”, “we”, “us”, “our”)
Client
The individual or business subscribing to Brandyr’s Website Subscription Package
(“Client”, “you”, “your”)
ACCEPTANCE OF TERMS
By submitting an order, ticking the acceptance checkbox, making payment, or otherwise signing up for Brandyr’s Website Subscription Package, you agree to be bound by these Terms & Conditions (“Agreement”). If you do not agree to these Terms, do not proceed with subscription. This Agreement takes effect on the date you complete sign-up (“Commencement Date”).
1. THE PACKAGE
1.1 Services Included
Brandyr will provide the Client with the following package:
- Professionally designed and built three-page website;
- Website hosting;
- Domain registration and management;
- One business email account(s) as agreed;
- Basic website maintenance;
- Minor revisions and content updates;
- Website monitoring;
- Non-administrative website access.
1.2 Additional Services
Anything not expressly included in clause 1.1 is excluded from the Package and may be quoted separately. Examples include: additional website pages; e-commerce functionality; booking systems; integrations; SEO campaigns; Google Ads management; Meta Ads management; custom software development; copywriting; advanced design work.
1.3 No Guaranteed Results
Brandyr does not guarantee any particular revenue, enquiries, conversions, SEO ranking, advertising outcome, or business growth outcome.
1.4 Domain Registration — ABN Requirement
A .com.au or .au domain can only be registered against a valid, active Australian Business Number (ABN), in accordance with .au domain licensing rules.
If the Client has a valid, active ABN, the domain will be registered under it.
If the Client does not have a valid or active ABN, Brandyr may register the domain using its own ABN instead. By proceeding with registration on this basis, the Client consents to this.
In that case, the Client agrees that:
- any issue arising from the domain being registered under Brandyr’s ABN — including eligibility issues, suspension, cancellation, or disputes relating to the Client’s ABN status or any change to it — is the Client’s responsibility, not Brandyr’s;
- Brandyr is not liable for any resulting loss, disruption, or domain cancellation; and
- the Client indemnifies Brandyr against any claim, penalty, or cost arising from the use of Brandyr’s ABN for this purpose, in accordance with clause 9.
2. TERM AND MINIMUM COMMITMENT
2.1 Commencement
This Agreement commences on the Commencement Date.
2.2 Minimum Term
The Client agrees to a minimum commitment period of twelve (12) months.
2.3 Renewal
Following expiry of the Minimum Term, this Agreement automatically continues on a month-to-month basis until terminated under clause 4.
3. FEES AND PAYMENT
3.1 Setup Fee
AUD $99.
3.2 Subscription Fee
AUD $49 per month.
3.3 Initial Payment
The first payment is AUD $148, consisting of the AUD $99 setup fee and the AUD $49 first month’s subscription.
3.4 Advance Billing
Monthly fees are billed monthly in advance.
3.5 Payment Authority
By subscribing, the Client authorises Brandyr and its nominated payment provider to automatically debit all amounts payable under this Agreement.
3.6 Valid Payment Method
The Client must maintain a valid payment method throughout the term.
3.7 GST
All fees are in Australian dollars and inclusive of GST where applicable.
3.8 Fee Increases
Following the Minimum Term, Brandyr may vary fees by giving at least 30 days’ written notice.
3.9 Interest
Overdue amounts accrue interest at 10% per annum, calculated daily.
3.10 Debt Recovery Costs
The Client agrees to reimburse Brandyr for all reasonable costs incurred in recovering overdue debts, including legal fees, debt collection fees, court costs, enforcement costs, and tracing costs.
4. CANCELLATION AND TERMINATION
4.1 Cancellation During Minimum Term
If the Client cancels prior to expiry of the Minimum Term, all remaining monthly fees for the balance of the Minimum Term become immediately due and payable.
4.2 Cancellation After Minimum Term
Either party may terminate this Agreement by providing 30 days’ written notice.
4.3 Brandyr Rights
Brandyr may suspend or terminate the Services immediately for non-payment, failed payment methods, unlawful use, material breach of this Agreement, abusive conduct, or misuse of hosting or email services.
4.4 Immediate Acceleration
If termination occurs due to non-payment or breach, all outstanding invoices and all remaining Minimum Term fees become immediately payable.
5. OWNERSHIP, CONTROL AND INTELLECTUAL PROPERTY
5.1 Brandyr Ownership
The Client acknowledges and agrees that the following remain the sole property of Brandyr at all times: website design; website structure; website code; hosting environment; server configuration; databases; development frameworks; domain registrations; email systems; templates; proprietary assets; intellectual property created by Brandyr.
5.2 Subscription Service Model
The Client acknowledges that this is a subscription service, the website is not sold to the Client, payments provide access to the services only, and no ownership rights are acquired through payment of subscription fees.
5.3 No Administrator Access
The Client is not entitled to administrator access, server access, database access, registrar access, or hosting account access.
5.4 Client Materials
Materials supplied by the Client remain the property of the Client.
5.5 No Transfer Obligation
Brandyr has no obligation to transfer website files, source code, hosting accounts, databases, domains, email accounts, or website assets to the Client following termination. Any transfer is entirely at Brandyr’s discretion and may be subject to additional fees and a separate written agreement.
5.6 Intellectual Property
All intellectual property created by Brandyr remains vested in Brandyr unless expressly transferred under a separate written agreement.
5.7 Survival
This clause survives termination.
6. EFFECT OF CANCELLATION OR TERMINATION
6.1 On Termination
Upon termination or cancellation, website access may be removed, hosting may be discontinued, email services may be deactivated, domain services may cease, and support services may cease.
6.2 Website Removal
Brandyr may remove the website from public access immediately upon termination.
6.3 Data and Email Retention
The Client is responsible for backing up and exporting any required data before termination.
6.4 No Obligation to Retain Data
After termination, Brandyr may permanently delete website data, email data and backups without further notice.
7. REVISIONS, MAINTENANCE AND SUPPORT
7.1 Included Revisions
The Package includes reasonable minor revisions and updates, such as text edits, image replacements, contact detail updates, business hour updates, and content amendments.
7.2 Excluded Works
Not included: website redesigns; additional pages; custom programming; booking systems; CRM integrations; e-commerce functionality; SEO campaigns; advertising management; custom applications.
7.3 Fair Use Policy
Revision requests are subject to reasonable usage limits. Where requests exceed normal package expectations, Brandyr may quote additional fees.
7.4 Maintenance
Basic maintenance includes plugin updates, software updates, backups, security updates, uptime monitoring, and basic troubleshooting.
7.5 Emergency Maintenance
Brandyr may undertake emergency maintenance without notice if reasonably necessary to protect systems, clients or infrastructure.
7.6 Third-Party Software
Brandyr is not responsible for defects, outages or failures caused by plugins, themes, third-party software, hosting providers, domain registrars, or email providers.
7.7 No Service Levels
Unless otherwise agreed in writing, Brandyr provides no guaranteed response times or completion times.
8. CLIENT RESPONSIBILITIES AND NON-PAYMENT
8.1 Client Content
The Client must provide information, approvals and content necessary for Brandyr to perform the Services.
8.2 Rights to Materials
The Client warrants it owns or is licensed to use all supplied content.
8.3 Lawful Use
The Client must not use the Services for spam, phishing, malware, illegal activities, misleading conduct, or unlawful marketing.
8.4 Suspension Rights
If payment is overdue by more than seven (7) days, Brandyr may immediately suspend the website, hosting, domain services, email services, and support services without further notice.
8.5 Continued Charges
Fees continue to accrue during suspension.
8.6 Suspension Not a Breach
The Client acknowledges that suspension for non-payment is lawful, does not constitute a breach by Brandyr, and does not entitle the Client to compensation.
8.7 Release
The Client releases Brandyr from any claim arising from suspension or termination due to non-payment.
9. CLIENT INDEMNITY
The Client indemnifies Brandyr and its directors, employees, contractors and agents against all losses, liabilities, claims, actions, damages and expenses arising from Client content; intellectual property infringement; copyright infringement; trademark infringement; breaches of law; use of the website; use of email services; and acts or omissions of the Client. This indemnity survives termination.
10. LIMITATION OF LIABILITY
10.1 Liability Cap
To the maximum extent permitted by law, Brandyr’s total liability is limited to the fees paid by the Client during the three months immediately preceding the event giving rise to the claim.
10.2 Excluded Losses
Brandyr is not liable for loss of profits, revenue, customers, business opportunities, or goodwill; data loss; business interruption; indirect loss; or consequential loss.
10.3 Website Performance
Brandyr does not warrant that the website will be error free, operate continuously, remain available at all times, achieve SEO rankings, generate enquiries, or generate sales.
10.4 Suspension
Brandyr is not liable for losses resulting from suspension or termination under this Agreement.
11. THIRD-PARTY PROVIDERS
Brandyr is not liable for failures, outages, disruptions, delays or losses caused by hosting providers, registrars, Microsoft, Google, Meta, payment processors, telecommunications providers, internet providers, or software vendors.
12. CYBERSECURITY AND DATA
12.1 No Absolute Security
No website or online system can be guaranteed secure.
12.2 Cyber Incidents
Brandyr is not liable for hacking, malware, ransomware, phishing, denial-of-service attacks, unauthorised access, or cyber incidents, except to the extent required by law.
12.3 Backups
Backup systems are provided as a convenience only and are not guaranteed.
13. AUSTRALIAN CONSUMER LAW
Nothing in this Agreement excludes rights which cannot be excluded under Australian Consumer Law. Where permitted by law, Brandyr’s liability is limited to re-supplying the services, or paying the cost of re-supplying the services, at Brandyr’s election.
14. PERSONAL GUARANTEE
Where the Client is a company, trust, partnership or other entity, the individual completing sign-up personally guarantees payment of all monies payable under this Agreement.
15. FORCE MAJEURE
Brandyr is not liable for any failure, interruption or delay caused by events beyond its reasonable control, including natural disasters, power failures, internet outages, cyber incidents, government actions, labour shortages, supplier failures, or telecommunications failures.
16. GENERAL
16.1 Entire Agreement
These Terms constitute the entire agreement between the parties regarding the Website Subscription Package.
16.2 Variations
Brandyr may update these Terms from time to time. Continued use of the Services following any update constitutes acceptance of the revised Terms.
16.3 Severability
If any provision is unenforceable, the remaining provisions continue in force.
16.4 Electronic Acceptance
Acceptance of these Terms by electronic means (including ticking a checkbox, completing an online order, or electronic signature via services such as Zoho Sign) is valid and binding.
16.5 No Waiver
Failure to enforce any provision does not constitute a waiver of rights.
16.6 Assignment
Brandyr may assign or transfer this Agreement as part of a business sale, restructure or asset transfer.
17. GOVERNING LAW
This Agreement is governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria.
