Terms & Conditions

Last Updated: 13 August 2025

These Terms & Conditions (“Terms”) govern how we work together. By purchasing a service, paying an invoice/Stripe link, or otherwise engaging us, you agree to these Terms.

Who We Are

Tom Wilson Digital, trading as Wilson’s Web Development (ABN 86 384 274 806) (“we”, “us”).
Contact: support@tomwilson.digital

Who You Are

The person or company purchasing our services (“you”, “client”).

1) Services We Provide

We deliver digital marketing and web services, including:

Lead Machine (landing page + ad campaign setup + ongoing ads management)
Growth Engine (website design and build, plus optional ongoing services)
Other agreed services (SEO, analytics, content, etc.) set out in your order/checkout

We’ll outline deliverables, key steps, and inclusions/exclusions in writing (email or checkout page). If it’s not listed, it’s not included.

2) Your Responsibilities

Provide timely access and approvals (ad accounts, domains, hosting, CMS, assets, brand guidelines).
Supply accurate information, content, and feedback within a reasonable timeframe.
Make decisions and approvals via email or the project tool we specify.
Comply with platform policies (Google, Meta, etc.) and applicable laws.

Delays in approvals or access may push timelines.

3) Revisions & Changes

Design/Copy Revisions: Included as stated for your package (e.g., “several revisions” for Growth Engine). Revisions mean iterative changes to the agreed concept, not new scopes.
Out-of-scope work: Anything outside the agreed scope will be quoted and approved before we proceed.
Final Approval: Your written approval (or going live) counts as acceptance of deliverables.

4) Payments, Billing & Cancellations

Payment Method: We use Stripe (or invoice) for setup and monthly fees.
When We Bill: Monthly payments are scheduled on the 1st of each month for the upcoming month’s services.
No Lock-In: Cancel anytime; cancellation takes effect at the end of the current billing month.
Late/Failed Payment: We may pause services until payment is received.

Refunds: See our Refund & Cancellation Policy for package-specific guarantees and how to request a refund. Ad spend paid to platforms is never refundable.

5) Advertising Spend & Third-Party Costs

Ad spend is paid directly to platforms (e.g., Google) by you, or by us on your behalf if agreed in writing (in which case you reimburse us).
Third-party costs (stock, fonts, plugins, licenses, apps, subscriptions, emails, hosting, domains, etc.) are your responsibility unless we state otherwise.

6) Intellectual Property (IP) & Usage Rights

Before full payment: All concepts, designs, code, and materials we create remain our property. You receive a temporary, limited license to review only.
After full payment: You receive ownership of the final approved deliverables created specifically for you (your website files, final ad copy/creative you approved), excluding:
- Our pre-existing IP, frameworks, templates, libraries, code snippets, and know-how (we retain ownership and may reuse).
- Third-party assets licensed under their own terms (you receive the end-user rights granted by that license).
Refunds: If a refund is issued under our policy, all rights revert to us and you must not use the designs, copy, code, or materials in any way.
Portfolio Use: You grant us permission to showcase non-confidential work outcomes (screenshots, logos, stats) for our portfolio and marketing, unless you request confidentiality in writing.

7) Websites, Hosting & Go-Live

If we are not your host, you’re responsible for hosting, DNS, SSL, backups, and ongoing site maintenance unless purchased from us.
We’ll make reasonable efforts to ensure the site is functional at go-live per scope, but platform/browser differences can occur; minor variances are not defects.

8) Performance & Disclaimers

We act with reasonable care and skill, but specific performance results (rankings, traffic, leads, revenue) can’t be guaranteed due to factors outside our control (market, competition, algorithms, seasonality, your sales process, platform policies).
Advice we provide is general in nature; you’re responsible for your business decisions and compliance.

9) Confidentiality & Data

We’ll keep your confidential information private and only use it to deliver services. See our Privacy Policy for how we handle personal data, analytics, and communications.

10) Liability & Indemnity

To the maximum extent permitted by law, our total aggregate liability arising out of or related to the services is limited to the fees you paid to us in the 3 months prior to the claim.
We are not liable for indirect, special, incidental, or consequential losses (lost profits, lost sales, lost data, reputational harm).
You indemnify us against claims/losses arising from your content, instructions, or misuse of the deliverables; or your breach of these Terms or any applicable law.

Nothing in these Terms excludes consumer guarantees under Australian Consumer Law where they apply.

11) Term, Suspension & Termination

These Terms start when you purchase and continue month-to-month.
We may suspend or terminate services if you breach these Terms (including non-payment) or if we reasonably believe continuing would breach laws or platform policies.
On termination, amounts already paid are non-refundable except as set out in our Refund Policy.

12) Force Majeure

We’re not liable for delays or failures caused by events beyond our reasonable control (e.g., outages, platform changes, strikes, disasters).

13) Changes to Terms

We may update these Terms from time to time. The current version will be posted on our website with the updated date. Changes apply to new work/orders from the date of posting.

14) Governing Law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of Victorian courts.

15) Acceptance

By completing a purchase via our Stripe link, paying an invoice, or instructing us to proceed, you confirm you’ve read and agree to these Terms, along with our Privacy Policy and Refund & Cancellation Policy.

Contact

Tom Wilson Digital (Trading as Wilson’s Web Development)
ABN: 86 384 274 806
Email: support@tomwilson.digital