Terms & Conditions

1. Introduction

These Terms and Conditions apply to website design, website development, search engine optimisation, content, digital marketing, website updates, website maintenance and related services provided by MonaWebMasters to the Client.

By accepting a quote, approving a proposal, paying an invoice, providing written approval, or continuing to use MonaWebMasters’ services, the Client confirms that they have read, understood and accepted these Terms and Conditions.

These Terms and Conditions should be read together with any quote, proposal, invoice, written scope of work, service agreement or maintenance package issued by MonaWebMasters. Where there is any inconsistency, the written quote, proposal, invoice, service agreement or written scope for the specific project will take priority, followed by these Terms and Conditions.

Nothing in these Terms and Conditions excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under Australian Consumer Law or any other applicable law.

2. Definitions

In these Terms and Conditions:

MonaWebMasters, we, us or our means the service provider.

Client, you or your means the person, business or organisation purchasing services from MonaWebMasters.

Services means the specific services agreed in writing, including website design, website development, SEO, content, digital marketing, website updates, website maintenance or related work.

SEO Services means search engine optimisation activities such as keyword research, on-page optimisation, metadata recommendations, content planning, blog writing, internal linking recommendations, backlink building, schema recommendations, ranking monitoring and SEO reporting.

Website Maintenance means ongoing technical checks, updates, monitoring, testing, troubleshooting, backups, plugin checks, form testing, email delivery testing, website health checks, broken link checks and similar technical support.

Website Updates means changes requested by the Client after launch or after completion of a project, including text changes, image changes, page edits, layout changes, content updates, plugin changes, new sections or other requested changes.

Third-Party Services means products, software, platforms or services not owned or controlled by MonaWebMasters, including hosting, domains, email providers, plugins, themes, WordPress, Google, Meta, Google Ads, Google Analytics, Google Search Console, payment gateways, CRMs and third-party APIs.

3. Acceptance of Terms

It is not necessary for the Client to physically sign these Terms and Conditions for them to apply.

Acceptance of a quote, approval of a proposal, payment of an invoice, written instruction to proceed, or continued use of MonaWebMasters’ services will be deemed acceptance of these Terms and Conditions.

Any purchase or use of our Services implies that the Client has read, understood and accepted these Terms and Conditions.

4. Quotes and Charges

Charges for Services are defined in the quote, proposal, invoice or written scope provided to the Client.

Quotes are valid for 14 days unless stated otherwise. MonaWebMasters may amend or withdraw a quote after this period.

Unless agreed otherwise in writing:

  • Website design and development projects require a minimum 50% deposit before work begins.
  • The remaining balance is payable before the website is published, transferred, launched, or before passwords, files or materials are released.
  • Website design services of AUD $1,000 or less require 100% payment before work begins.
  • SEO, marketing, maintenance and retainer services are billed monthly, in advance or as stated on the invoice.
  • Ad hoc updates, small tasks and once-off work may require payment in advance.

Payments are due by electronic bank transfer unless another payment method is agreed in writing.

5. Payment Terms

Invoices are due on receipt unless stated otherwise.

Accounts unpaid 14 days after the invoice date may incur an administration or late payment fee of 10% of the overdue amount, where permitted by law.

If an account remains unpaid after 14 days, MonaWebMasters may pause work, suspend non-essential services, withhold delivery of unpaid materials, or delay publication after providing reasonable written notice.

MonaWebMasters will not intentionally delete Client-owned content from a live website without reasonable notice, except where required for security, legal compliance, or where the website is hosted on unpaid MonaWebMasters-controlled services.

The Client agrees to pay reasonable costs incurred by MonaWebMasters in recovering unpaid amounts, including debt collection fees, legal fees and administrative costs, where permitted by law.

Non-payment does not remove the Client’s obligation to pay for work already completed or third-party costs already incurred.

6. Scope of Work

MonaWebMasters will provide only the Services specifically agreed in the relevant quote, proposal, invoice, email or written scope.

Any work not expressly included in writing is excluded.

Examples of work that must be separately scoped or quoted include:

  • Website maintenance
  • Hosting support
  • Server troubleshooting
  • Plugin monitoring
  • Form testing
  • Email deliverability testing
  • Google Ads management
  • Call tracking setup
  • Conversion tracking setup
  • Monthly website QA
  • Full proofreading of every page
  • Speed optimisation
  • Security monitoring
  • Malware removal
  • CRM integration
  • Copywriting beyond the agreed scope
  • Additional landing pages
  • Additional blog articles
  • Additional backlinks
  • Website rebuilds or redesigns
  • Work on websites not included in the agreed scope

7. SEO Services

SEO Services are limited to the SEO activities agreed in the relevant quote, invoice, proposal or written scope.

SEO Services may include:

  • Keyword research
  • On-page SEO recommendations
  • SEO title and meta description recommendations
  • Content planning
  • Blog writing
  • Landing page recommendations
  • Internal linking recommendations
  • Schema markup recommendations
  • Image alt text recommendations
  • Backlink building
  • Ranking monitoring
  • Google Search Console review
  • SEO reporting
  • Technical SEO recommendations where relevant

Unless expressly agreed in writing, SEO Services do not include:

  • Website maintenance
  • Hosting management
  • Server monitoring
  • Plugin updates
  • Theme updates
  • Form testing
  • Email deliverability checks
  • Monthly page QA
  • Full website proofreading
  • Google Ads management
  • Call tracking
  • CRM testing
  • Conversion tracking setup
  • Ongoing conversion monitoring
  • Speed optimisation
  • Security monitoring
  • Malware removal
  • Guaranteed rankings
  • Guaranteed traffic
  • Guaranteed enquiries
  • Guaranteed leads
  • Guaranteed sales or revenue

8. No SEO, Ranking, Traffic or Lead Guarantee

MonaWebMasters does not guarantee specific Google rankings, keyword positions, website traffic, enquiries, phone calls, form submissions, leads, sales, revenue, profit or business outcomes from SEO, marketing, content or website work.

Search engine performance and enquiry volume are affected by many factors outside MonaWebMasters’ control, including but not limited to:

  • Google algorithm updates
  • Competitor activity
  • Market demand
  • Website age and history
  • Client approvals
  • Client-supplied content
  • Website speed
  • Hosting performance
  • Technical limitations
  • Third-party platforms
  • Search behaviour
  • Advertising budget
  • Review profile
  • Business reputation
  • Pricing
  • Customer service
  • Sales process
  • Seasonality
  • Broader economic conditions

SEO is a long-term activity and results may vary. The Client acknowledges that SEO work is intended to improve visibility and search performance over time but cannot guarantee enquiries or sales.

9. Website Maintenance Services

Website Maintenance is a separate service and is not included in website design, website development, SEO or marketing services unless expressly included in writing.

Unless the Client has purchased a website maintenance package, MonaWebMasters is not responsible for ongoing:

  • Monthly form testing
  • Email delivery testing
  • Website uptime monitoring
  • Hosting monitoring
  • Server troubleshooting
  • Plugin updates
  • Theme updates
  • WordPress core updates
  • Security monitoring
  • Malware monitoring
  • Backup monitoring
  • Broken link checks
  • Speed checks
  • Technical QA
  • Full website proofreading
  • Checking all pages for spelling or copied content
  • Checking all buttons and links
  • Monitoring integrations
  • Monitoring form submissions
  • Monitoring phone tracking
  • Monitoring quote buttons

If the Client wants MonaWebMasters to be responsible for ongoing checks, testing, updates and technical monitoring, the Client must purchase a separate website maintenance package.

10. Website Updates

Website updates are separate from SEO unless included in writing.

An update may include changes to text, images, layout, buttons, sections, forms, page content, blog content, product pages, portfolio items or other website elements.

Updates are calculated per page, product page, image, section or task, depending on the request.

Unless included in a maintenance package or written scope, updates are charged separately at the rate listed on the MonaWebMasters website maintenance page or as quoted at the time of request.

Training, meetings, troubleshooting and advisory work may be charged separately at the hourly rate listed on the MonaWebMasters website or as quoted in writing.

11. Contact Forms, Email Delivery and Enquiry Issues

Contact forms, enquiry forms and email delivery depend on third-party systems, including hosting servers, email providers, SMTP services, DNS records, form plugins, security plugins, spam filters, CRMs and internet connectivity.

Unless form testing and email deliverability monitoring are included in a separate website maintenance package or written scope, MonaWebMasters is not responsible for ongoing monitoring of:

  • Missed enquiries
  • Failed form submissions
  • Form loading issues
  • Server-side form errors
  • Email delivery failures
  • Emails going to spam
  • Incorrect client email routing where details were supplied or approved by the Client
  • Third-party plugin failures
  • Hosting/server connectivity issues
  • SMTP or DNS issues
  • CRM or integration failures
  • Lost leads caused by form, server, email or third-party issues

If a form issue is reported, MonaWebMasters may provide investigation, troubleshooting or recommendations as a separate paid service unless the Client has a maintenance package covering this work.

This clause does not limit any liability that cannot be excluded under Australian law.

12. Hosting, Domains and Third-Party Services

The Client is responsible for maintaining active hosting, domain registration, email services, licences, subscriptions and third-party accounts unless MonaWebMasters has expressly agreed in writing to manage them.

MonaWebMasters is not responsible for downtime, errors, slow loading, failed email delivery, domain expiry, hosting limits, plugin failures, security issues, API failures or other problems caused by Third-Party Services, except to the extent caused by MonaWebMasters’ proven negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law.

If MonaWebMasters purchases or arranges domains, hosting, plugins, themes, stock images or other services on behalf of the Client, the Client remains responsible for ongoing renewals, licence fees, subscription fees and payment obligations.

Failure to pay third-party costs may result in loss of access, expiry, downtime or service interruption. MonaWebMasters is not liable for losses caused by the Client’s failure to renew or pay third-party services, except to the extent required by law.

13. Client Responsibilities

The Client is responsible for:

  • Providing accurate business information
  • Providing text, images, videos, logos and other content required for the project
  • Reviewing all content before approval or launch
  • Confirming business details, phone numbers, email addresses and addresses
  • Confirming service details, suburb information and claims made on the website
  • Providing timely feedback
  • Providing required access to hosting, WordPress, Google tools, CRMs or third-party platforms
  • Ensuring they have rights to use all supplied images, logos, text and files
  • Advising MonaWebMasters of any errors, changes or concerns in writing
  • Keeping their own records of domain, hosting and account details
  • Ensuring legal, industry and regulatory compliance for their own business

MonaWebMasters is not responsible for errors caused by incorrect, incomplete, outdated or unreviewed information supplied or approved by the Client, except to the extent required by law.

14. Client Content, Images and Review

The Client must provide all required website content, text, images, videos, documents, service details, pricing, testimonials, licences and other material needed to complete the project.

Text content should be supplied electronically in Word, email, Google Docs or another agreed format. Images should be supplied in suitable digital formats such as JPG, PNG or WebP.

If the Client does not provide required content, MonaWebMasters may, after reasonable notice:

  • Pause the project
  • Use placeholder content
  • Use available public information
  • Use AI-assisted draft content for review
  • Delay delivery
  • Charge additional fees
  • Close the project and issue the remaining invoice where the delay prevents completion

The Client is responsible for reviewing all supplied, drafted or published content for accuracy, spelling, business claims, suburb references, service descriptions and legal compliance.

15. Client Review and Approval

MonaWebMasters will provide the Client with an opportunity to review the website design, content, pages or materials during the project and/or before launch where applicable.

Unless agreed otherwise in writing, the Client has 10 business days to review materials made available by MonaWebMasters and request corrections.

If the Client does not provide written feedback within that period, the materials will be deemed accepted for the purpose of progressing or finalising the project.

After approval, publication or expiry of the review period, further changes may be treated as additional updates and charged separately.

The Client is responsible for reviewing:

  • Page content
  • Spelling
  • Grammar
  • Phone numbers
  • Email addresses
  • Contact forms
  • Services listed
  • Suburb names
  • Business claims
  • Images
  • Portfolio items
  • Links
  • Layout
  • Website functionality

This clause does not affect any rights the Client has under Australian Consumer Law.

16. Project Timelines and Delays

MonaWebMasters will make reasonable efforts to complete work within the agreed timeframe. Delivery dates are estimates unless expressly guaranteed in writing.

MonaWebMasters is not responsible for delays caused by:

  • Late client feedback
  • Missing content
  • Missing images
  • Lack of access
  • Third-party delays
  • Hosting issues
  • Plugin issues
  • Scope changes
  • Additional work requests
  • Illness, emergency or events outside reasonable control

If the Client delays a project by not providing content, access, approvals or feedback, MonaWebMasters may revise timelines and charge reasonable additional fees where the delay causes additional work or rescheduling.

17. Additional Work and Out-of-Scope Requests

Any request outside the agreed scope will be treated as additional work and may be quoted or charged separately.

Additional work may include:

  • Extra pages
  • Extra blogs
  • Extra SEO work
  • Extra backlinks
  • Additional design concepts
  • Additional revisions
  • Website fixes unrelated to the agreed scope
  • Technical troubleshooting
  • Form testing
  • Email setup
  • Hosting support
  • Page-by-page QA
  • Google Ads tracking
  • Conversion tracking
  • Speed optimisation
  • Content rewrites
  • Work on another website

MonaWebMasters is not required to begin additional work until the scope and cost are agreed in writing.

18. Revisions and Changes

Website design projects include the number of revision rounds stated in the quote or proposal.

If the quote does not specify revision rounds, one reasonable review round is included.

Further changes, design changes, content changes, layout changes or new requests after the included revision round may be charged separately.

No further changes are included after final approval unless separately agreed.

This clause does not affect any rights the Client has under Australian Consumer Law.

19. Website Launch

Unless agreed otherwise, final payment must be received before a website is published, transferred, launched or released.

MonaWebMasters may withhold website files, passwords, licences, training or access to unpaid work until outstanding invoices are paid.

Once the website is launched or approved, it is considered accepted by the Client for the purpose of project completion, subject to any rights the Client has under Australian Consumer Law.

20. Post-Launch, Handover and Ongoing Maintenance

Once a website, page, campaign asset or digital work is launched, published, handed over, approved, or made available to the Client for review, the Client is responsible for testing, reviewing and confirming that the work is functioning as expected.

The Client must review and test the website after launch or handover, including but not limited to:

  • page content;
  • spelling and grammar;
  • phone numbers;
  • email addresses;
  • contact forms;
  • enquiry forms;
  • buttons and links;
  • service information;
  • suburb references;
  • images and portfolio items;
  • layout and display;
  • website functionality;
  • tracking and conversion actions, where included in the agreed scope.

Unless a separate website maintenance package is purchased, MonaWebMasters is not responsible for ongoing monitoring, testing, maintenance, updates, troubleshooting or performance of the website after launch or handover.

Websites require ongoing maintenance to remain functional, secure and compatible with changing software, hosting environments, browsers, devices, plugins, themes, WordPress updates, third-party platforms and security requirements. Without ongoing maintenance, websites may experience errors, broken layouts, plugin conflicts, form issues, speed issues, security issues, email delivery issues, tracking issues or downtime.

MonaWebMasters is not responsible for issues arising after launch or handover that are caused by or related to:

  • lack of ongoing website maintenance;
  • WordPress core updates;
  • theme updates or theme incompatibility;
  • plugin updates, plugin conflicts or discontinued plugins;
  • hosting limitations, server issues or downtime;
  • DNS, domain or email configuration issues;
  • third-party software, APIs, CRMs or integrations;
  • browser, device or operating system changes;
  • security vulnerabilities, malware or hacking;
  • client edits, staff edits or third-party developer changes;
  • automatic updates;
  • expired licences, subscriptions or services;
  • form delivery, SMTP or spam filtering issues;
  • Google, Meta, analytics, tracking or advertising platform changes;
  • any changes made after handover by anyone other than MonaWebMasters.

For website design or development projects, the Client may report defects in MonaWebMasters’ original work within 30 days of launch, publication, handover or approval. A defect means a functional issue caused directly by MonaWebMasters’ work within the agreed scope, not an issue caused by third-party systems, client changes, lack of maintenance, hosting, plugins, themes, external platforms, or services outside the agreed scope.

After the 30-day post-launch defect period, any support, troubleshooting, fixes, testing, updates or changes will be treated as website maintenance or additional work and may be quoted or charged separately.

This clause does not limit any rights the Client has under Australian Consumer Law or any liability that cannot be excluded by law.

21. WordPress, Plugins, Themes and Software

Websites may rely on WordPress, themes, plugins and other software.

MonaWebMasters is not responsible for future incompatibility, bugs, security issues, discontinued plugins, plugin conflicts, theme issues, software updates or changes by third-party developers, except to the extent caused by MonaWebMasters’ proven negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law.

Unless the Client has purchased a maintenance package, MonaWebMasters is not responsible for keeping WordPress, themes or plugins updated after launch.

Some plugins, themes or tools may require paid licences or renewals. The Client is responsible for these costs unless agreed otherwise in writing.

22. Security and Backups

Unless included in a maintenance package, MonaWebMasters does not provide ongoing security monitoring, malware monitoring, malware removal, uptime monitoring or backup management.

The Client is responsible for ensuring their hosting environment includes appropriate security and backup systems.

MonaWebMasters is not liable for website hacking, malware, data loss, downtime, plugin vulnerabilities or restoration costs unless caused directly by MonaWebMasters’ proven negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law.

23. Google Analytics, Search Console and Tracking

Google Analytics, Google Search Console, Google Tag Manager, Google Ads conversion tracking, call tracking and other tracking tools are not included unless expressly agreed in writing.

Tracking systems can be affected by browser privacy rules, cookie consent settings, ad blockers, third-party scripts, incorrect client access, plugin conflicts or platform changes.

MonaWebMasters does not guarantee that tracking will capture every enquiry, call, click, form submission or conversion.

Ongoing tracking checks, reporting and troubleshooting must be included in a written scope or maintenance package.

24. Google Ads and Paid Advertising

Google Ads management is not included in SEO services unless expressly agreed in writing.

If Google Ads services are provided, advertising results are not guaranteed. MonaWebMasters is not responsible for lack of enquiries, changes in cost per click, competitor activity, budget limitations, rejected ads, account suspensions, policy changes, poor landing page performance, tracking issues or market demand, except to the extent caused by MonaWebMasters’ proven negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law.

Ad spend is payable separately by the Client directly to the advertising platform unless agreed otherwise.

25. Reports and Communication

Reports are provided according to the agreed service scope.

For SEO services, MonaWebMasters uses SEMrush as the primary SEO reporting and keyword tracking platform unless otherwise agreed in writing. SEO reports may include ranking movement, keyword visibility, technical SEO observations and recommendations, depending on the agreed service.

Google Analytics reporting is not included by default unless expressly requested by the Client in writing and agreed by MonaWebMasters.

If the Client requires Google Analytics reporting, the Client must either:

  • provide MonaWebMasters with access to the existing Google Analytics account; or
  • request MonaWebMasters to configure a new Google Analytics setup.

If access to the Client’s existing Google Analytics account is not provided, MonaWebMasters can configure Google Analytics as a separate task, but reporting will only begin from the date the new tracking is configured. MonaWebMasters is not responsible for missing historical analytics data where access to the previous or existing Google Analytics account was not provided.

Google Analytics, Google Search Console, Google Tag Manager, Google Ads conversion tracking, call tracking and other tracking tools may require separate setup, configuration, access and testing. These services are not included unless expressly stated in the agreed scope.

Website maintenance reports are only provided if the Client has purchased a website maintenance package.

The Client acknowledges that SEO reports, SEMrush reports, Google Analytics reports and Google Search Console reports are reporting tools only and do not guarantee enquiries, phone calls, form submissions, sales, revenue or business outcomes.

MonaWebMasters may provide recommendations based on available data, but the accuracy and completeness of reports may depend on third-party platforms, correct access, correct tracking configuration, website functionality, cookie consent settings, browser privacy rules, ad blockers and other factors outside MonaWebMasters’ control.

26. AI-Assisted Work and Third-Party Audits

MonaWebMasters may use AI tools to assist with drafting, research, analysis, planning, SEO recommendations, content outlines or quality checks.

AI-assisted work is reviewed and edited by MonaWebMasters before delivery where included in the service.

The Client acknowledges that AI tools can only assess information provided to them and may produce inaccurate results if supplied with incomplete, outdated or incorrect information.

Where the Client uses AI tools, automated tools, external consultants or third-party audits to assess, criticise or dispute work, MonaWebMasters may request the exact source material, screenshots, reports, prompts, page source, URLs or evidence used before responding.

MonaWebMasters is not responsible for inaccurate conclusions produced by third-party AI tools, automated SEO tools or audits that do not review the current live source, current website version or agreed scope.

27. Content Accuracy and Business Claims

The Client is responsible for confirming the accuracy of all business claims, including:

  • Years of experience
  • Licences
  • Insurance
  • Guarantees
  • Warranties
  • Certifications
  • Awards
  • Client numbers
  • Testimonials
  • Project examples
  • Service availability
  • Suburb coverage
  • Pricing information

MonaWebMasters may recommend wording but does not independently verify all business claims unless expressly agreed in writing.

The Client must advise MonaWebMasters of any inaccurate or outdated business information.

28. Copyright and Licensing

The Client retains copyright in materials they supply, including logos, text, images and files, and grants MonaWebMasters permission to use those materials for the project.

The Client is responsible for ensuring they have the right to use all materials supplied to MonaWebMasters.

The Client agrees to indemnify MonaWebMasters against claims arising from copyrighted, trademarked, unlicensed or unauthorised materials supplied or approved by the Client.

Designs, layouts, concepts, graphics, copy, code and materials created by MonaWebMasters remain the intellectual property of MonaWebMasters until full payment is received.

Unless agreed otherwise, the Client receives a licence to use the final approved work for their own business website after full payment.

MonaWebMasters’ custom code, design concepts or materials may not be resold, reused, copied, redistributed or modified for another business without written consent.

29. Stock Images, Fonts, Plugins and Licences

Where a project requires paid stock images, fonts, plugins, themes, templates or third-party tools, the Client is responsible for paying those costs unless they are expressly included in the quote.

MonaWebMasters may hold licences for certain tools, plugins or assets. Use of those assets is subject to licence restrictions.

If the Client requests use of materials outside the original project purpose, additional licence fees may apply.

30. Design Credit and Portfolio Use

A small design credit or link to MonaWebMasters may appear in the footer of websites designed or developed by MonaWebMasters, unless agreed otherwise in writing before the project begins.

If the Client requests removal of the design credit after launch, MonaWebMasters may charge a reasonable administration fee for the change, as quoted at the time.

The Client agrees that MonaWebMasters may display the completed website, designs, screenshots or project description in its portfolio, marketing materials and case studies unless confidentiality is agreed in writing.

31. Access Requirements

The Client must provide all access reasonably required to complete the agreed work, including access to:

  • WordPress
  • Hosting
  • Domain registrar
  • DNS
  • Email provider
  • Google Analytics
  • Google Search Console
  • Google Tag Manager
  • Google Ads
  • Social media accounts
  • CRM or forms
  • Plugins or third-party tools

MonaWebMasters is not responsible for delays or incomplete work caused by missing, restricted or incorrect access.

The Client is responsible for maintaining secure passwords and removing access when no longer required.

32. Confidentiality

MonaWebMasters will take reasonable steps to keep confidential information provided by the Client confidential.

Confidential information does not include information that is publicly available, already known, independently developed, required by law to be disclosed, or necessary to share with subcontractors, suppliers or third-party tools to perform the agreed Services.

33. Privacy

The Client is responsible for ensuring that their website complies with applicable privacy laws, including any requirement for a privacy policy, cookie notice, consent mechanism or data handling statement.

MonaWebMasters may provide general recommendations but does not provide legal advice on privacy compliance.

The Client is responsible for how they collect, store and use customer enquiries, form submissions and personal information.

34. Termination

The Client may terminate services by written notice.

Telephone termination requests are not valid unless confirmed in writing by email, text message or other written communication.

For ongoing monthly services, either party may cancel by giving 30 days’ written notice unless a different notice period is agreed in writing.

MonaWebMasters may terminate or suspend services by written notice if the Client:

  • Fails to pay invoices
  • Fails to provide required information or access
  • Requests unlawful work
  • Behaves abusively or unreasonably
  • Materially breaches these Terms
  • Prevents reasonable delivery of the Services

Where practical, MonaWebMasters will provide reasonable notice and an opportunity to remedy the issue before termination or suspension.

35. Refunds

Refunds are assessed based on the stage of work completed, work delivered, third-party costs incurred and the nature of the Service.

No refund is provided for completed, delivered or approved work, except where required by law.

No refund is provided for:

  • Completed work
  • Approved work
  • Published websites
  • Delivered content
  • Delivered SEO work
  • Published blogs
  • Completed backlinks
  • Third-party fees
  • Ad spend
  • Domain fees
  • Hosting fees
  • Software licences
  • Maintenance checks already completed
  • Strategy, meetings, research or consulting already delivered

Nothing in this clause limits the Client’s rights under Australian Consumer Law or any other law that cannot be excluded.

36. Indemnity

The Client agrees to indemnify MonaWebMasters for reasonable losses, claims, damages, costs or expenses suffered by MonaWebMasters to the extent they arise from:

  • The Client’s breach of these Terms
  • Inaccurate, misleading or unlawful information supplied or approved by the Client
  • Copyright, trademark or intellectual property claims relating to materials supplied or approved by the Client
  • The Client’s failure to obtain required permissions, licences or approvals
  • Unlawful use of the website or Services by the Client
  • Changes made by the Client or a third party after launch
  • The Client’s failure to review or approve accurate business information where review was reasonably requested

This indemnity does not apply to the extent the loss is caused by MonaWebMasters’ negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law.

37. Limitation of Liability

To the maximum extent permitted by law, MonaWebMasters is not liable for indirect, incidental, special or consequential losses, including:

  • Loss of enquiries
  • Loss of leads
  • Loss of sales
  • Loss of revenue
  • Loss of profit
  • Loss of business opportunity
  • Reputational loss
  • Loss caused by website downtime
  • Loss caused by form issues
  • Loss caused by email delivery issues
  • Loss caused by hosting issues
  • Loss caused by third-party services
  • Loss caused by Google ranking changes
  • Loss caused by algorithm updates
  • Loss caused by client-supplied content
  • Loss caused by plugin, theme or software issues
  • Loss caused by unauthorised changes
  • Loss caused by cyber incidents, except to the extent caused by MonaWebMasters’ proven negligence, wilful misconduct, breach of these Terms, or failure to comply with applicable law

Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under Australian law.

Where liability can be limited by law, MonaWebMasters’ total liability for a claim is limited to the amount paid by the Client for the specific Service giving rise to the claim, or the re-supply of the Services, at MonaWebMasters’ option.

38. Australian Consumer Law

Nothing in these Terms and Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded under Australian Consumer Law or other applicable law.

Where MonaWebMasters is permitted to limit its liability for a breach of a consumer guarantee, liability is limited, at MonaWebMasters’ option, to:

  • Supplying the Services again; or
  • Paying the cost of having the Services supplied again.

39. No Legal, Financial or Compliance Advice

MonaWebMasters provides website, SEO, content, design and digital marketing services.

MonaWebMasters does not provide legal, financial, tax, compliance, licensing or regulatory advice.

The Client should obtain professional advice where needed.

40. Dispute Resolution

If a dispute arises, the Client must first notify MonaWebMasters in writing and provide reasonable details of the issue.

Both parties agree to attempt to resolve the dispute in good faith before commencing legal proceedings, except where urgent relief is required.

MonaWebMasters may request supporting evidence, including screenshots, page source, URLs, reports, prompts, access logs, email records or third-party audit details before responding to a claim.

41. Force Majeure

MonaWebMasters is not liable for delay or failure to perform Services caused by events outside reasonable control, including illness, power failure, internet outage, hosting outage, cyberattack, natural disaster, war, pandemic, government action, third-party platform failure, software outage or supplier delay.

42. Severability

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the remaining provisions remain valid and enforceable.

The invalid provision will be replaced by a valid and enforceable provision that comes closest to the original intention of the parties, where permitted by law.

43. Governing Law

These Terms and Conditions are governed by the laws of Victoria, Australia.

The parties submit to the courts and tribunals of Victoria, Australia.

44. Updates to These Terms

MonaWebMasters reviews its Terms and Conditions from time to time, generally on an annual basis.

These Terms and Conditions apply from the date they are published or provided to the Client.

Any updates to these Terms and Conditions will apply only to new quotes, new invoices, new projects, renewed retainers, or services agreed after the updated Terms and Conditions are published or provided.

For existing fixed-scope projects, the Terms and Conditions accepted at the time of quote approval, invoice payment or written approval will continue to apply unless both parties agree otherwise in writing.

For ongoing monthly services, MonaWebMasters will provide reasonable notice of any material changes to these Terms and Conditions. If the Client does not agree to the updated Terms and Conditions, the Client may cancel the ongoing service in accordance with the cancellation terms.

Clients are encouraged to review the Terms and Conditions before approving new quotes, paying new invoices, renewing retainers or continuing ongoing monthly services.