Websites Builder is a registered business name in Australia.
All our domains, like https://www.websitesbuilder.com.au are registered under the same registrar name and Websites Builder business information matches with it, as you can check through the Whois Records. Websites Builder trades according to the law and following Australian eCommerce Guidelines, in compliance, with the auDA .au Eligibility and Allocation Policy, the Business Names Act 2011, ASIC recommendations and NSW Fair Trading standards and in compliance with the Programming Ethical Guidelines stablished by the Association for Computing Machinery (ACM) the world's largest educational and scientific computing society.
Name: Pedro Julio Martin Villalba (Sole Trader)
ABN: 12 928 238 010
Address: 25 Crossingham St Canton Beach NSW 2263 Australia
Phone: 0439 007 717
The business name and trademark Websites Builder ® provides web design and web developing, consulting, scripting, marketing, eCommerce and SEO services on Internet for the last 20 years (in Australia since 2017). We are Proud Members of the NSW Business Chamber through the Wyong Chamber of Commerce.
We are located on the Central Coast of New South Wales, Australia and we provide a range of services around the World.
In any case, the business is exempt from any legal responsibility for the contents that are spilled by third parties in any webpage of the group. Likewise, Websites Builder Australia can not be held responsible for the contents discharged by its clients in their respective websites.
The brand will collaborate univocally and effectively with the Authorities, and in the alleged case of violating the Law, the user's IP address will be provided, as well as the rest of the data that they may have in our possession upon judicial request.
By using our services or becoming our Client for any job, task or project, you, the Client, agree to be legally bound by these Terms & Conditions.
These T&C and any additional Terms of Sale (T.O.S.) or contract specific to a project, service, special offer or promotion set out the entire agreement between the business Websites Builder and the Client.
In these terms and conditions, Websites Builder , the Websites Builder service, all services related to it, and all text, images photographs, user interface, "look and feel", data and other content included in it from time to time (including, without limitation, the selection, coordination and arrangement of such content) are referred to as "Websites Builder.
Client is defined as representing one business (company or entity) or person (sole trader or individual). Client may also be referred to as "himself/herself" or "his/her" or "their" or "site owner" in this document. Client may also be referred to as the staff member, employee, agent or third party on behalf the Client.
Websites Builder provides the Client various services including, but not limited to custom website design and development, web and Internet consulting and website maintenance in general as any other related with programming, scripting or coding.
For each project or job, Websites Builder follows a production process that is divided into stages. For each stage, specific deliverables are produced for the Client which will be specified in a project brief or a job quote where applicable. A task, job or project will be considered complete where either the Client approves the task, job or project as being completed or where Websites Builder determines that the task, job or project is complete according to the project scope or the task / job definition and parameters as set out in a verbal or written agreement.
Websites Builder will always suggest the Client a domain name registrar, web and email hosting services and provide a custom website design, a template as a website design, digital marketing services and consulting services and so on in accordance with the product and/or service the Client has requested.
A project scope defines and sets out what work or service or item or feature is to be included and / or completed for the project in question. The descriptions and definitions and parameters in a project scope are intended to be clear to Websites Builder and the Client. No other third party should judge and/or finalise the interpretation of any part of a project scope and the relevant task, job or project as Websites Builder is willing to provide from the beginning of the project substantial information to the Client.
The following terms relate to the supply of search engine optimization (SEO) services ("the Services") by Websites Builder to the Client for the Website.
Websites Builder agrees to provide the Client with the Services and is authorised by the Client to use the Key Phrases to attempt to improve the ranking of and/or positioning of the Website within the Search Engines.
The Client acknowledges and agrees that:
If the Services provided are delayed and are not as a result of any fault(s) on the part of Websites Builder, no refund or compensation will be offered to the Client.
In the event that the Client fails to provide to Websites Builder the correct access (FTP/cPanel/CMS and others relevant to the website) logins to the Website or communicate these details within one month of this Agreement, the Client agrees that Websites Builder will provide onsite as a separate document with instructions for the Client or a nominated representative (such as a developer) to upload.
The Client warrants to Websites Builder that the Key Phrases and/or contents of the Website do not and will not violate any law or regulation.
The Client warrants to Websites Builder that it has not received any written notice or claim, and the Key Phrases and/or the contents of the Website does not infringe, interfere, violate or misappropriate the intellectual property rights of any other party.
If Websites Builder notifies the Client in writing of a claim or cause of action against Websites Builder that any of the contents of the Website infringes a presently existing intellectual property right of a third party, the Client shall indemnify and defend such claim or cause of action at its own expenses and pay any costs or damages, including but not limited to all legal costs and disbursements which may be reasonably incurred or finally awarded against Websites Builder.
The guarantee made by Websites Builder in the (SEO Performance Guarantee) table does not apply in the following circumstances:
If changes are made to the Website by other parties than Websites Builder that adversely affect the search engine rankings of the Website (as determined by Websites Builder)or If the Website is offline due to a reason not caused by Websites Builder.
If Websites Builder does not reach the stipulated guarantees/milestones at not fault of the Client (Websites Builder has full website access and Client site has never been offline), Websites Builder shall work for free for no more than 90 days after the contract term is completed.
The guarantee begins from the day Websites Builder uploads seo copy to the Clients website. The guarantee is void if the Websites Builder´s changes are overwritten or lost by the Client.
The Client acknowledges that Websites Builder makes no warranty that SEO will generate any increase in sales, business activity, profits or any other form of improvement for the Client´s business or any other purpose. No liability whatsoever (except as provided by law) will be accepted by Websites Builder for any damages or losses arising from or as a consequence of the provision of the Services.
The following terms relate to the offer to supply Landing Page Design & Development services by Websites Builder to the Client for the Website.
Websites Builder agrees to provide the Client with the Services including:
The Client acknowledges the following with respect to services:
Websites Builder has no control over the policies of channels with respect to the type of sites and/or content that they accept now or in the future. No liability whatsoever (except as provided by law) will be accepted by Websites Builder for any damages or losses arising from or as a consequence of the provision of the Services.
A quote (or estimation) is an approximation of the hours or fees required to complete or deliver a task, job or project. Any final invoice or fee for the work approved by a Client based on an quote will usually be close or similar to the estimated figure excluding variations to the project or changes in the scope. However, a quote is not a fixed price and should not be viewed by a Client as such. A quote is a guide to the final price only.
Websites Builder will sometimes use a quote during the early stages of project discussions or for ad-hoc works where Client and Websites Builder have together approved this billing / engagement model.
Websites Builder will usually follow up an estimate by providing a retainer invoice of invoice where the Client has given a general approval for the estimated fee or cost.
An invoice is a specific fee or price that we set down for the requested task, job or project. It will include parameters and defined deliverables. A retainer invoice or invoice will not vary as it is fixed. Any variations to the retainer invoice or invoice or requirements requested by the Client will be quoted separately with a set fee or price for that job or project or task.
Websites Builder provides email forms and addresses for Clients to use to contact Websites Builder for an enquiry, always as a reliable method to make a change request. When requested, Websites Builder may answer with a Proposal, quote or invoice in respect of any deliverable proposed to be provided under these Terms & Conditions. Websites Builder may decide, in its sole discretion, to deny a quotation request or information enquiry as well as the Client can confirm or reject a Proposal.
In response to a request for service or a specific product or service request, Websites Builder may produce a proposal that will remain valid and open for acceptance by the Client for up to 7 days, unless otherwise showed on the quote/proposal delivered by Websites Builder , from the date of issue that may include any of the following specially upon Client request:
Creative Brief / Proposal
Job / Task Definition
Description and Features
Fees and Charges
Any other specifics or TOS related to the product, service or special offer
Websites Builder reserves the right to withdraw a proposal or quote at any time.
By approving any estimate or project contract, verbally or in writing, a Client agrees to be bound by these terms and conditions and to pay to Websites Builder the agreed fees set out in the quote or project contract when Websites Builder requests payment or as otherwise set out in the quote or the project contract.
All the prices are expressed in Australian Dollars unless otherwise specified.
PVD Taxes not included unless stated. Non-contractual images.
Valid prices except typographical error. The prices can vary without notice.
Websites Builder's invoices are due on the date of issue and are payable upon receipt by the Client unless otherwise agreed to in writing.
Any outstanding invoices for work completed or services provided to the Client by Websites Builder requires payment in full due on receipt of the invoice unless otherwise agreed to writing between the parties. On completion of a task, job or project the Client is obliged to pay the balance of the invoice in full.
All our fees are due in advance for the applicable period as noted in the quote and proposal. Job must be paid in full prior to the commencement the applicable service.
Once a Client approves the job or task to "go live" or where Websites Builder defines the job or task as being "completed", an invoice will be issued to the Client with payment on that invoice due immediately unless otherwise agreed to in writing between the parties.
Websites Builder will always provide its best to the Client to complete every task, job, project or work.
Websites Builder reserves the right to postpone or delay or refuse warranty fix work or revisions or enhancements to a website or system for the Client if the Client has overdue outstanding invoices for any job, task or project. Websites Builder reserves the right to work on environment/s with any other involved person/s or companies unless the Client can provide a log system to avoid overwriting files to avoid delays on the delivery of the task/s.
If the Client defaults on their payment or otherwise fails to pay their account with Websites Builder as per the terms under this agreement, Websites Builder reserves the right to suspend services and to apply administrative fees of $110/hour, plus any other costs that may have been incurred, to reactivate the services.
Hosting fees, SEO (Search Engine Optimization) fees, custom programming services fees and any service fees charged or paid by the Client for the term / service / product are non-refundable.
There are no refunds available on services provided by Websites Builder once payment is affected by the Client. There is also no credit SERVICE AGREEMENT transferred unless Websites Builder agrees. There is also no credit transferred unless Websites Builder agrees.
If the Client chooses to discontinue the services supplied by Websites Builder and the Client has paid all monies owed to Websites Builder , Websites Builder will help the Client and release any information or data from the domain registrar/server when possible. Websites Builder will not provide information related to the scripting/coding while all the files will remain available on the Client side unless any payment is overdue.
Websites Builder may opt to discontinue services if an amount payable to Websites Builder is overdue or to take down a website permanently in any case where an amount payable is overdue by more than 30 days. In any such event, the Client remains liable for the total cost of the contract including all disbursements; unless otherwise agreed in writing between Websites Builder and the Client.
Websites Builder may terminate any agreement immediately if the Client breaches any of these Terms & Conditions, or if he/she is a company going into insolvent liquidation, or if the Client is a person he/she is declared bankrupt.
Ownership of the product/software/code remains with Websites Builder until payment in full is made to Websites Builder by the Client in any case.
Websites Builder reserves the right to discontinue services and terminate the Client at the sole discretion of Websites Builder where Websites Builder provides the Client notice in writing of said termination.
Websites Builder is the copyright owner of all works created or developed by Websites Builder for a Client unless otherwise agreed to in writing. When payment for the product or service is made in full by the Client for the product or service, the Client is licensed to use the product or service for its intended use within the context of their business and the product itself. However, the Client is restricted from selling the product or promoting the product as their own unless otherwise agreed in writing with Websites Builder .
Websites Builder claims no intellectual property rights to works created by any third party designers or developers that may be used from time to time, such rights remain with the relevant third party.
As a creator of copyright material, Websites Builder has the following rights:
To be attributed when its work is used;
Not to have its work falsely attributed to someone else, nor to have the altered work attributed as if it were unaltered; and not to have the work treated in a manner that would prejudice Websites Builder's honour or reputation.
Websites Builder may display its own copyright and intellectual property notices on any websites that Websites Builder develops and the Client (or any third parties related to or engaged by the Client) must not remove, obscure, deface or alter such copyright and intellectual property notices except by agreement in writing with Websites Builder .
The Client agrees that in the provision of web design services by Websites Builder we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and data, provided to us by you.
In the event any material necessary for the production of the project must be passed on to a third party, Websites Builder will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.
Websites Builder may accept to maintain and secure a website that is not hosted by Websites Builder's third party. In that case, the Client will refer to Websites Builder fees and charges for the requested services.
The Client acknowledges that Websites Builder is providing services to the Client on a non-exclusive basis and that Websites Builder may provide services and products of the same or a similar nature to any other party (provided that in doing so it does not breach privacy).
Websites Builder shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Websites Builder shall be free to use any ideas concepts know-how or techniques acquired in construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
Websites Builder retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
Websites Builder provides a limited warranty for websites and systems that are developed and designed by Websites Builder . This warranty is valid for up to 3 months from the date of launch of the website or system or from the date that Websites Builder determines that the website or system is ready to launch unless otherwise agreed to in writing between the parties. This limited warranty applies to works performed by Websites Builder that are "in scope" for a project scope and contracted project or that are clearly specified in the applicable written quote.
Where applicable for any bug or problem or fault with the noted or reported function or element that is covered by this limited warranty where the function or element is deemed to be "not working" when assessed by Websites Builder against the project scope or the written quote specifications, Websites Builder will "fix" the bug or problem or fault in the website or system at no cost to the Client where Websites Builder determines that the bug or problem or fault is because of recently completed works performed improperly or incompletely by Websites Builder during the execution of the works in question.
This warranty is voided if the Client or a third party acting on behalf of the Client is issued with any type of access to the website / system hosting or the relevant hosting control panel by Websites Builder (we can't cover third party or any other agent mistakes).
This warranty may be voided if a Client or a third party acting on behalf of the Client modify the code or software by for example, installing any extensions or plugins or additional software into the website or system without the express written permission and approval of Websites Builder .
This warranty does not include any issues or faults or incompatibilities that are caused by third party software, systems, extensions, plugins or similar.
Once the payment is done we will start the Client need to provide the neccesary information to build the site and/or online profile/s.
These documents (available in our website Downloads Section) are helpful and treat the compliance with the Australian Law while operating an online business:
Also, we will need granted access to some of the Client account/s like the domain, hosting or some third party services involved with the Project (like the Google API).
The Client must provide all the material (logos, documents, images, texts) for the website in electronic format.
It is always preferable to organize a shared folder on a service like Dropbox as due to the size of the elements the email or ticket system can eventually be overloaded and block the delivery or stop working, while could be annoying to receive images on mobile devices or through apps like sms/whatsapp/telegram.
Our work depends on the Client's time to organize that information and material so depending on when the Client release/answer we may deliver the task faster/slower.
But don't worry 80% of our projects are complete within a 1-5 weeks timeframe.
Websites Builder will ensure that any site or application will function correctly at the time of the website development and going "live" when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome, Opera and Apple Safari, unless otherwise agreed in writing.
Any warranty or guarantee provided by Websites Builder for a website is conditional upon the website being hosted by Websites Builder on hosting servers run and operated by Websites Builder that have restricted access to the hosting server and/or the hosting control panel for the hosting server.
Any warranty or guarantee provided by Websites Builder for a website is rendered null and void if the Client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.
Websites Builder can offer no guarantee of correct function with all browser software in future releases of any internet browser or its own custom designs uppon update of any GNU platform/cripst or CMS involved. Only if the website is maintained and updated by Websites Builder we offer this guarantee. However, Websites Builder will offer and provide a quote for services to modify the website (where possible) to cause the site to correctly function and/or correctly render in the changed version of an internet browser.
Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Websites Builder is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
Whilst Websites Builder will try to improve the position of the Client's Website in the Search Engine results in response to a search request, we do not warrant that this effort will be successful nor can Websites Builder warrant the time that the position a search engine will be held.
Websites Builder cannot be held responsible for any changes to the position of the Client's Website in the Search Engines results pursuant to the provision of search engine optimization services by Websites Builder . No one can guarantee a #1 ranking on Google as mentioned by Google here. The best way to work towards Websites Builder efforts is understand how the Search Engines work. Some improvements may involve Google MyBusiness changes: location, verification and/or any other change may involve some time to be reflected on the Client Business Profile and may directly affect the Business visibility as per Google Guidelines. Websites Builder can't warranty any of these when approval or delivery time on changes involves Google agents manipulation.
Talking about SEO is not easy anymore. First of all we recommend our clients to gain their own knowledge on the area by reading this document.
Make a functional, well programmed, responsive, user friendly and well positioned website is not like doing magic by pressing one button, there are a couple of variables that make your website position better against your competitors but we have to analyze the behavior of your site once published.
Be aware that no one can say “we will position your website ahead” and give you a timeframe to do that cause we have to build, revalidate code and submit changes, and the last word is always from the Search Engine Algorithms. Remember this!
What we can guarantee is that we will make our best to make your business visible within 3 months from the project ends for the number of locations in some of the expressions we're after at the beginning of the Project.
We will send you information about your competitors to decide what keywords and locations works better for your business and you will decide. The website content is as important as a domain name or the website design. Our aim is to see your business growing as there's no better reference that the one from a satisfy Client.
Websites Builder is not responsible for the contents and data of any website we design for the Client, and upon publication the Client must satisfy themselves that the website will comply with all applicable laws, and codes of practice governing the use of websites and related services. This includes the intellectual property and copyright ownership of all material that the Client has provided to us.
Websites Builder is similarly not responsible for the Client's subsequent use of the site and compliance of various Commonwealth and state legislations.
Websites Builder is not responsible for the Client's choice of domain name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or the AuDa governing laws.
Websites Builder is solely not responsible for the performance of the product or service if the Client installs or orders another third party to install anything such as software that would alter or damage the website and its functionality. Furthermore, the Client may be liable for charges or fees incurred by Websites Builder for the repair of any product or service if the Client or their third party installs any unapproved software into the product or service supplied by Websites Builder
Websites Builder shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the Client.
Websites Builder is not responsible or held liable for any errors contained in the final product after the final product, this remains the final responsibility of the Client.
Websites Builder cannot take responsibility for any copyright or privacy infringements caused by materials submitted by the Client and reserves the right to refuse use of any such material unless proof of permission is provided if requested.
Websites Builder shall use reasonable endeavours to provide continuing availability of the hosting server and the services but Websites Builder shall not, in any event, be liable for service interruptions or down time of the server.
Websites Builder operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from Client access or third party access.
Websites Builder does not ordinarily provide clients or third parties with access to the hosting servers in any of the following methods or means; FTP, CPanel, WHM, Shell or via any other similar means or method. That if a Client formally requests and is provided access to their hosting server by Websites Builder , upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee including the 1st Level Support provided by Websites Builder .
Websites Builder will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
For the website we developed, Websites Builder provide the service "Website Maintenance" with up to 6 hours per calendar month of 1st level support which includes standard tasks on the hosting control panel such as setting up email accounts or domain name parking. It also includes general support for standard tasks and functions in the website, CMS or ecommerce system.
If any of the hours of support is not used in any given month, the included hours expires at the end of the month and does not roll over to the subsequent month. The website maintenance fee doesn't include any change on the site structure, design, elements, CSS stylesheet, code or functions, as well as it doesn't include protection or removal from malware, iframe injections or any other hack that the website could be expose to the hosting server.
Any excess 1st level support provided in a given calendar month will be charged at the standard hourly rate applicable.
In no event will Websites Builder be liable to any party including the Client for any indirect, punitive, special, incidental or consequential damage or loss, financial or otherwise, in connection with or arising out of these Terms (including for loss of profits, use, data, or economic advantage), regardless of how it arises. The Client will indemnify Websites Builder from and against any claim by any party claiming any such damage against Websites Builder .
Websites Builder will not be liable for any costs incurred or compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by Websites Builder or its agents / third party partners.
Websites Builder will ensure that any website or application will function correctly on the server to which it is initially installed.
Websites Builder can offer no guarantee of correct function with all browser software including future releases.
Websites Builder may from time to time and without notice or liability to the Client suspend any of the services if the reason for doing same is an event beyond the reasonable control of Websites Builder .
Websites Builder will not be liable or become involved in any disputes between the site owner and their clients and Websites Builder cannot be held responsible for any wrongdoing on the part of a site owner.
These terms and conditions and any agreement entered into by Websites Builder or service provided by Websites Builder that arises in a dispute or legal matter shall be governed by and interpreted in accordance with the law for the time being enforced in the State of NSW, Australia, and each party submits to the jurisdiction of the State of NSW, Australia.