Terms of Service

Effective Date: January 3, 2026

1. Acceptance of Terms

Welcome to WordpressWebdesignPerth.com.au. These Terms of Service govern your access to and use of the services, content, features, and functionality offered on or through the website located at https://wordpresswebdesignperth.com.au and any related online or offline services operated by WordpressWebdesignPerth.com.au (collectively, the Services). By accessing, browsing, using, registering with, or purchasing through the Services, you agree to be bound by these Terms of Service and any additional terms referenced herein. If you do not agree to these Terms of Service, do not access or use the Services.

2. Description of Services

WordpressWebdesignPerth.com.au provides website design, development, maintenance, hosting coordination, search engine optimization advisory, and related web services for businesses and individuals in Perth, Western Australia, and surrounding suburbs including Armadale, Belmont, Cannington, East Perth, Fremantle, Joondalup, Midland, Morley, Nedlands, Osborne Park, Rockingham, South Perth, Subiaco, Victoria Park, West Perth and other nearby cities. Services may include custom WordPress site design and development, theme and plugin configuration, content integration, website updates and maintenance, performance optimization, security hardening, backups, and advisory services relating to online presence. Specific services, deliverables, timelines, and fees for a given engagement will be set out in a separate written statement of work, proposal, invoice or agreement between you and WordpressWebdesignPerth.com.au.

3. User Accounts and Responsibilities

  1. Account Registration. Certain Services require you to create an account. When creating an account you must provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

  2. Authorized Use. You represent and warrant that you are at least 18 years old or otherwise have legal capacity to enter into a binding contract in Perth, Western Australia. If you are accepting these Terms on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.

  3. Security. You must notify WordpressWebdesignPerth.com.au immediately of any unauthorized use of your account or any other security breach. WordpressWebdesignPerth.com.au is not liable for any loss or damage arising from your failure to protect your account credentials.

  4. Payment Obligations. Where fees apply, you agree to pay the fees specified in the applicable statement of work, quotation, proposal, or invoice. All fees are non-refundable except as expressly provided in writing. Failure to pay may result in suspension or termination of Services and may incur interest or collection costs as permitted by law.

4. Intellectual Property Rights

  1. Ownership by WordpressWebdesignPerth.com.au. WordpressWebdesignPerth.com.au and its licensors retain all right, title and interest, including all intellectual property rights, in and to the Services, the website, underlying software, tools, templates, processes, methodologies, developer tools, code libraries, server configurations, and any other proprietary content provided or used by WordpressWebdesignPerth.com.au to deliver Services, except for Client Materials (as defined below) and rights explicitly granted to you in writing. These Terms do not convey any right of ownership in the intellectual property of WordpressWebdesignPerth.com.au.

  2. Client Materials and License Grant. “Client Materials” means content, materials, logos, images, text, videos, and data provided by you to WordpressWebdesignPerth.com.au for use in connection with the Services. Subject to your payment of all fees and your compliance with these Terms, WordpressWebdesignPerth.com.au grants you a non-exclusive, non-transferable, worldwide license to use the final delivered website, code, and other deliverables as set forth in the applicable agreement. WordpressWebdesignPerth.com.au retains the right to use non-confidential elements of the work for portfolio, marketing and demonstration purposes.

  3. Open Source Components. The Services may incorporate third-party open source software governed by its own license terms. Such open source components are licensed to you under their applicable open source licenses, and to the extent any conflicting terms arise, the open source license will govern the use of that component.

  4. Feedback. If you provide feedback, suggestions, or ideas about the Services, WordpressWebdesignPerth.com.au may use and incorporate such feedback without obligation or restriction, and you grant WordpressWebdesignPerth.com.au a perpetual, irrevocable, royalty-free, worldwide license to use and exploit such feedback.

5. User-Generated Content

  1. Definitions. User-Generated Content means any content that you or your users upload, publish, submit, or transmit through the Services, including text, images, audio, video, data, and other materials.

  2. Responsibility. You are solely responsible for User-Generated Content you provide. You represent and warrant that you own or have the necessary rights, licenses and permissions to provide such content and to grant the rights described in these Terms. You further warrant that such content does not violate any law, infringe any third party intellectual property or privacy rights, contain defamatory content, or otherwise breach these Terms.

  3. License to WordpressWebdesignPerth.com.au. By submitting User-Generated Content you grant WordpressWebdesignPerth.com.au a perpetual, royalty-free, non-exclusive, transferable, worldwide license to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in connection with the Services and promotional activities, to the extent necessary to provide the Services and as otherwise reasonably required.

  4. Monitoring and Removal. WordpressWebdesignPerth.com.au may monitor User-Generated Content and reserves the right to remove or disable access to any content that violates these Terms or that WordpressWebdesignPerth.com.au reasonably believes violates applicable law or is otherwise objectionable, without notice and at its sole discretion.

6. Prohibited Activities

  1. You agree not to, and will not assist or enable others to:

    1. Use the Services for any unlawful purpose or in violation of applicable laws and regulations in Perth, Western Australia or any other jurisdiction;

    2. Infringe, misappropriate or violate someone else’s intellectual property, privacy, publicity, or other legal rights;

    3. Upload or transmit any viruses, malware, trojan horses, ransomware, worms, or other malicious code;

    4. Interfere with or disrupt the integrity or performance of the Services or third-party networks; attempt to probe, scan, or test the vulnerability of the Services;

    5. Attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services through hacking, password mining, or any other means;

    6. Use automated means, including bots, scrapers, or spiders, to access or interact with the Services without WordpressWebdesignPerth.com.au’s written permission;

    7. Impersonate any person or entity or misrepresent your affiliation with any person or entity;

    8. Provide false or misleading information to WordpressWebdesignPerth.com.au or other users;

    9. Use the Services to collect or store personal data about others without their consent where such activity would violate applicable privacy laws;

    10. Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code from the Services, except to the extent expressly permitted by law.

7. Disclaimers and Limitations of Liability

  1. General Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN PERTH, WESTERN AUSTRALIA, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WORDPRESSWEBDESIGNPERTH.COM.AU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WORDPRESSWEBDESIGNPERTH.COM.AU DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

  2. Professional Advice. The Services may include advice, templates, or guidance related to website development, search engine optimization, or online marketing. SUCH MATERIALS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL, FINANCIAL, TAX OR OTHER PROFESSIONAL ADVICE. YOU SHOULD SEEK INDEPENDENT PROFESSIONAL ADVICE BEFORE RELYING ON SUCH MATERIALS.

  3. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN PERTH, WESTERN AUSTRALIA, IN NO EVENT WILL WORDPRESSWEBDESIGNPERTH.COM.AU, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WORDPRESSWEBDESIGNPERTH.COM.AU’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO WORDPRESSWEBDESIGNPERTH.COM.AU UNDER THE APPLICABLE AGREEMENT GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED AUSTRALIAN DOLLARS (AUD 100), WHICHEVER IS GREATER.

  4. Some jurisdictions do not allow the limitation or exclusion of certain liabilities. Nothing in these Terms is intended to exclude or limit any liability that cannot be excluded or limited under applicable law.

8. Indemnification

  1. You agree to indemnify, defend and hold harmless WordpressWebdesignPerth.com.au, its officers, directors, employees, agents and affiliates from and against any and all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees and expenses) arising out of or in connection with:

    1. Your breach of these Terms;

    2. Your violation of applicable law or the rights of any third party;

    3. Any User-Generated Content or materials you provide; or

    4. Your use of the Services.

  2. WordpressWebdesignPerth.com.au reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with WordpressWebdesignPerth.com.au in asserting any available defenses.

9. Termination

  1. Termination by WordpressWebdesignPerth.com.au. WordpressWebdesignPerth.com.au may suspend or terminate your access to the Services, in whole or in part, without notice and at any time if WordpressWebdesignPerth.com.au determines, in its sole discretion, that you have violated these Terms, engaged in improper or illegal conduct, or if WordpressWebdesignPerth.com.au discontinues the Services.

  2. Termination by You. You may stop using the Services at any time. For contractually governed Services, termination rights and obligations will be set out in the relevant statement of work or service contract. Termination does not relieve you of any payment obligations incurred prior to termination.

  3. Effect of Termination. Upon termination, all licenses granted under these Terms will terminate and WordpressWebdesignPerth.com.au may delete or disable access to any of your account data, User-Generated Content, or project files in accordance with WordpressWebdesignPerth.com.au’s data retention practices. WordpressWebdesignPerth.com.au is not responsible for preserving or returning such data except as expressly agreed in writing.

  4. Survival. Provisions that by their nature should survive termination will survive, including but not limited to: Intellectual Property Rights, Disclaimers and Limitations of Liability, Indemnification, Governing Law, and Confidentiality obligations set forth in any separate agreement.

10. Governing Law and Dispute Resolution

  1. Governing Law. These Terms and any disputes arising out of or relating to these Terms or the Services will be governed by and construed in accordance with the laws of Western Australia, and the courts located in Perth, Western Australia will have exclusive jurisdiction, to the fullest extent permitted by law.

  2. Informal Dispute Resolution. If a dispute arises out of or relates to these Terms or the Services, the parties will first attempt in good faith to resolve the dispute between senior executives of each party. The party seeking to initiate dispute resolution must give the other party written notice describing the dispute in reasonable detail.

  3. Alternative Dispute Resolution. If the parties are unable to resolve a dispute informally within 30 days of notice, either party may seek any remedy available under applicable law in the courts of Perth, Western Australia. To the extent allowed by applicable law, you and WordpressWebdesignPerth.com.au each waive any right to a trial by jury and to participate in any class action or representative proceeding.

11. Changes to Terms

  1. Amendments. WordpressWebdesignPerth.com.au may amend these Terms from time to time. The revised Terms will be posted on the website at https://wordpresswebdesignperth.com.au and will be effective as of the date indicated in the amended Terms. If you continue to use the Services after the effective date of the revised Terms, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

  2. Notifications. For material changes, WordpressWebdesignPerth.com.au will use reasonable efforts to provide notice by email where you have provided an email address, or by posting a prominent notice on the website. It is your responsibility to review the Terms periodically and to ensure you are aware of any changes.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The parties agree that any invalid or unenforceable provision shall be replaced by a valid and enforceable provision that most closely matches the intent of the original provision.

13. Entire Agreement

These Terms, together with any applicable statement of work, proposal, invoice, or written agreement between you and WordpressWebdesignPerth.com.au, constitute the entire agreement between you and WordpressWebdesignPerth.com.au regarding the subject matter herein and supersede all prior and contemporaneous agreements, proposals or communications, whether electronic, oral or written, between you and WordpressWebdesignPerth.com.au with respect to such subject matter.

14. Contact Information

If you have any questions about these Terms of Service, or wish to contact WordpressWebdesignPerth.com.au for any reason, you may reach us by email at info@wordpresswebdesignperth.com.au. WordpressWebdesignPerth.com.au serves clients in Perth, Western Australia, including Armadale, Belmont, Cannington, East Perth, Fremantle, Joondalup, Midland, Morley, Nedlands, Osborne Park, Rockingham, South Perth, Subiaco, Victoria Park, West Perth and surrounding cities.

15. Miscellaneous

  1. No Waiver. The failure of WordpressWebdesignPerth.com.au to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

  2. Assignment. You may not assign or transfer your rights or obligations under these Terms without WordpressWebdesignPerth.com.au’s prior written consent. WordpressWebdesignPerth.com.au may assign or transfer these Terms and its rights and obligations without restriction.

  3. Third-Party Services. The Services may contain links to third-party websites, services, or resources. WordpressWebdesignPerth.com.au is not responsible for the availability, content, products, services, or practices of such third parties. Your interactions with third parties are solely between you and the third party.

By using the Services provided at https://wordpresswebdesignperth.com.au you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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