Terms & Conditions
Last updated: [TODO: effective date]
These are the terms for working with b-seen. We have kept them short and readable on purpose. By engaging us to build your website, you agree to them. If anything here is unclear, just ask — we are happy to talk it through.
In these terms, "we", "us" and "b-seen" mean [TODO: registered business name] (ABN [TODO: ABN]), of Smithfield NSW 2164. "You" means the business or person engaging us.
Our services
We design and build small business websites. We offer two packages:
- Essentials — $350 (one-off build). A compact site (around 3 pages), built mobile-first and fast, with a contact form to your inbox, Google Maps and business hours, built for you and owned by you. Includes two rounds of changes.
- Pro — $599 (one-off build). Everything in Essentials, plus a bookings or enquiry workflow, a photo gallery, more pages, priority support and three rounds of changes.
Hosting & your domain are provided as a yearly service (see below), and optional add-ons — SEO setup, bookings, a photo gallery, extra pages, business email, copywriting or photos — are quoted separately before we start.
The exact scope of your project is whatever we agree in writing (by email is fine) before we start.
Quotes & payment
We quote up front and there is no deposit. We invoice on completion, and you only pay once your site is live and you are happy with it. Payment is due within the time stated on the invoice.
Our prices are in Australian dollars. [TODO: confirm GST position — whether b-seen is registered for GST and whether prices are GST-inclusive or GST does not currently apply.]
Hosting, domain & the yearly fee
Hosting and your domain are a managed yearly service of $129 per year, starting from launch (day one). That yearly fee covers hosting, registering and renewing your domain, the SSL certificate, ongoing security and backups, and minor content tweaks (small text or image updates, up to 30 minutes per year).
The yearly fee renews each year. You can cancel it at any time before a renewal — just let us know. If you cancel or stop paying the yearly fee, we will simply stop hosting the site; there is no penalty.
Importantly, you own your website. If you ever stop paying for hosting with us, we will export the site files and help you move it to another host. It is yours to keep — no lock-in, no hostage situation.
Your consumer rights
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Among other things, this means our services must be supplied with due care and skill, must be reasonably fit for the purpose you told us about, and must be supplied within a reasonable time. You are entitled to remedies if those guarantees are not met.
Nothing in these terms limits, excludes or modifies those consumer guarantees or any other rights you have under the Australian Consumer Law.
Revisions & scope
Changes within the agreed scope are included: two rounds with Essentials, three rounds with Pro. A "round" is a consolidated set of changes you send us in one go.
If you would like work beyond the agreed scope — extra pages, a redesign, new features, or content we did not originally plan for — we will let you know first and bill that additional work at our hourly rate, which we will confirm with you before starting it.
Intellectual property
On full payment of our invoice, we assign to you the ownership of the copyright in the bespoke website deliverables we create specifically for you (your custom design, layout and the page content we produce for your site). This is an express assignment of copyright in writing for the purposes of section 196 of the Copyright Act 1968 (Cth), and it takes effect once we have been paid in full.
A few sensible exceptions:
- We keep ownership of our own pre-existing tools, frameworks, code libraries and templates that we reuse across projects. You get a licence to keep using them as part of your site, but they are not assigned to you exclusively.
- Third-party materials — such as stock images, icons, fonts and any AI-assisted assets — are licensed, not assigned. You receive the benefit of those licences as they apply to your site, on the licence terms of their providers.
- You grant us a non-exclusive, royalty-free licence to show the work we did for you in our portfolio, case studies and marketing.
AI-assisted output
To be upfront: some elements of your site may be produced with the help of AI-assisted tools, always under human oversight — see How we build your website. The copyright position for AI-assisted material in Australia is still developing and is not fully settled. So, for any AI-assisted elements, we assign to you such rights as subsist and as we are able to assign. In practice you are free to use, change and keep your site; we simply cannot promise more certainty about AI-assisted material than the law currently provides.
Your responsibilities
You agree that any content you give us — text, logos, photos, reviews and the like — is either owned by you or properly licensed to you, and that it is lawful and not misleading. You are responsible for the accuracy of the information you provide about your business. You agree to indemnify us for any claim arising from content you supply to us (for example, a copyright complaint about a photo you gave us). This does not affect your consumer guarantees above.
Limitation of liability
Subject to the non-excludable consumer guarantees described above, and to the extent the law allows: for any failure to comply with a consumer guarantee that can be limited, our liability is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied, as permitted by section 64A of the Australian Consumer Law.
Otherwise, and again to the extent the law allows, we are not liable for indirect or consequential loss (such as lost profits or lost business), and our total liability to you for any claim is capped at the fees you have paid us for the relevant work.
Governing law & disputes
These terms are governed by the laws of New South Wales, Australia, and the courts of New South Wales have jurisdiction.
If a dispute comes up, let's resolve it sensibly and in this order:
- Talk first. Contact us and we will genuinely try to sort it out, person to person.
- Mediation. If a direct conversation does not resolve it, we will both attempt mediation before going further.
- Courts. If mediation does not work, either of us may take the matter to the courts of New South Wales.
Nothing here stops you from contacting NSW Fair Trading or the ACCC, or from exercising any right you have under the Australian Consumer Law.
Contact us
- Email: vlad@b-seen.net
- Phone: 0426 887 885
- Post: b-seen, Smithfield NSW 2164
See also our Privacy Policy and How we build your website.
[TODO: registered business name, ABN]