Terms of Service

1. Who these terms are with

These terms are between you and J Westfallen & S.J Wright (ABN 35 393 871 646), a partnership trading as Brand Kits. They apply when you send us a brief, accept a quote, or use our websites and services.

2. The free homepage concept and audit

Send us your website address and we'll build a working concept of your homepage and audit that page across five pillars, and send both back — normally within 24 hours. This is genuinely free and there is no obligation to buy.

• The rebuild and the audit are both your homepage. We rebuild your homepage as a working concept, and we score that same page on performance, accessibility, security, conversion, and how search engines and AI assistants see it — together with the technical signals that apply to your whole site anyway, like HTTPS, your security headers, your robots file and whether you have a sitemap. We don't crawl and grade every page. Other pages, catalogues, checkouts and anything behind a login are part of a paid build and are quoted before we start. A large site gets exactly the same concept and the same audit as a small one — the rest is a conversation rather than a form.
• We build it from what you already publish. The concept is a demonstration, not a finished website. We work from your existing website and other publicly available material about your business — the logo, images and wording you already have out in the world. We don't ask for logins and we don't go behind them, we don't buy information about you, and we don't collect anything about your customers.
• Sending us a brief gives us permission to do exactly that, and nothing else. You're granting us a limited, non-exclusive licence to use that publicly available material for one purpose: building your concept and showing it to you. We won't use it for anything else, and you can withdraw the licence at any time by emailing us.
• We claim no rights in your intellectual property. Your brand, logo, trade marks, images and words stay entirely yours — building a concept doesn't give us any interest in them, at any stage. What we own is the design and code we made for the concept itself: until you pay for a build, that part remains ours, so you're welcome to look at it, share it internally and decide against it — but you can't publish, sell or have someone else build from it.
• Your concept is hidden from search engines. Every concept we publish carries a noindex instruction, so Google and the other search engines are told not to list it, and AI crawlers are refused outright. It can't appear in search results, compete with your real site, or be mistaken for it.
• We don't sit on it. If you tell us you're not going ahead, we take the concept down and remove the material we gathered to build it — and you can ask us to do that sooner at any point, without giving a reason. Retention and deletion are set out in our Privacy Policy.
• The audit report is yours to keep either way.
• We may decline to build a concept for any site, and we may stop offering free rebuilds at any time.
• 24 hours is our normal turnaround, not a guarantee. If we're going to be slower, we'll tell you.

3. Pricing

Websites are $1,499:

• $1,499 — the website build. The same flat price for every business, whatever the industry.
• Standard site setup — included. A contact form, map and social links are covered by the build price, at no extra cost.
• A one-time setup fee of $299 or $499 — only if you need one. This applies only where your site connects to more than the standard: $299 for a Bookings integration, $499 for Business tools — your CRM, or the other tools your business runs on.

If you don't need one of the two paid setups, $1,499 is the whole build cost.

An optional Care Kit is available afterwards: Hosting & Maintenance at $39/month, Hosting & Content updates at $69/month, or Studio Kit at $199/month. Care Kits are month to month.

All prices are in Australian dollars. We are not currently registered for GST, so no GST is added to our prices and our invoices are not tax invoices — the price you're quoted is the price you pay. If we register for GST later we'll update this page, and it won't change a price already quoted or a build already in progress. Prices can change otherwise, but never for work already quoted or in progress.

4. Payment

Builds are invoiced in two parts:

• 50% deposit when the build kicks off, payable before we start. This covers the setup fee, if one applies, and half the build.
• The balance at sign-off, payable before your site goes live.

Care Kits are billed monthly in advance from the month your site goes live.

Payment methods and due dates are on the invoice. If an invoice goes unpaid we may pause work or, for a Care Kit, suspend the service — after telling you first, and on the exact timeline in section 8.

5. Timeline, and what we need from you

Once you go ahead and we have what we need, your site is live in one week: Day 1 brand audit and direction, Day 3 design review, Day 5 sign-off, Day 7 live.

The week is a two-way clock. We can move that fast because the schedule is fixed and we hold up our end of it — but a fixed schedule only holds if both sides keep to it. There are three points where it needs you:

• Before Day 1 — the content, images, logins and brand material we've asked for.
• Day 3 — your feedback on the design, gathered into one set.
• Day 5 — your sign-off to go live.

Come back to us within a working day at each of those and Day 7 holds. If a decision, a piece of content or an approval takes longer, the go-live date moves — and it usually moves by more than the delay itself, because we build in one-week blocks and the slot we've held for you may have to shift to the next opening. That's not a penalty, it's just how a fixed schedule works when it slips.

None of that costs you anything. There's no late fee and no charge for rescheduling — we'll simply tell you the new date as soon as we know it, rather than letting it drift silently. If a build goes quiet for more than 30 days we'll park it and pick it back up whenever you're ready, at the price you were quoted; work already done is still payable.

You agree to give us the content, images, access and approvals we need, and you confirm you own or have permission to use anything you send us. You keep ownership of your material; we just need permission to use it to build your site.

6. What's included, and revisions

The build covers what's listed on our pricing page at the time you accept: brand-led design, up to six pages, copywriting in your voice, mobile-first performance, an SEO and AEO optimised build with Google Search Console set up, your domain connected, and the source code.

One consolidated round of revisions is included, at the Day 3 design review. Gather your feedback into a single set and we'll work through it together — that's what makes a one-week build possible. Further rounds, and anything that adds scope, are quoted before we start, and they move the go-live date the same way any other delay does.

Work outside that scope is quoted before it starts. We won't do extra work and surprise you with a bill for it.

7. Who owns what

• Once the build is paid for, the website is yours — design, content and source code, plus your domain. Yours to keep, move or hand to someone else.
• Until it's paid for, we own it.
• You keep ownership of everything you gave us, and of your brand, logo, trade marks, images and words. We acquire no rights in any of it at any stage — including when we build a free concept from material you already publish (see section 2).
• We keep ownership of our own tools, templates and know-how we reuse across projects, and of the third-party components in your site, which stay under their own licences.
• Unless you ask us not to, we may show your site in our portfolio and case studies.

8. Care Kits

Care Kits are ongoing monthly services, billed monthly in advance, and you can cancel any time — cancellation takes effect at the end of the month you've paid for. There's no lock-in and no exit fee.

Hosting & Maintenance covers hosting, security, routine maintenance, backups and a quarterly health report — and with each report, we refresh the Google reviews shown on your site, if your site displays them. Hosting & Content updates adds small updates to existing pages — copy, images, trading hours and contact details. Studio Kit adds up to two builds a month — a new page, a new section, or a seasonal redesign — and upgrades the health report, and the reviews refresh with it, to monthly. Unused builds don't roll over.

A build is a content page or section on your existing site — design, copy and images. Anything that adds a working system — a shop or checkout, a catalogue, orders, customer accounts, or anything behind a login — is its own project, quoted before we start, whatever the page count (the same line section 2 draws for the free concept).

Your website is yours whether or not you take a Care Kit. If you leave, the site leaves with you.

What you're signing up to

A Care Kit is a monthly subscription, billed in advance through Stripe on the same date each month. The first payment starts the service; each renewal covers the month ahead. Your plan and price are on the payment page you accept, and the version of these terms that applies is the one published when you subscribe.

If a payment fails

Cards expire and banks decline things — a failed payment isn't a drama, and nothing switches off the day it happens. Here's exactly what does happen:

• Day 0 — the charge fails. Stripe retries automatically and emails you each time, with a link to update your card. Everything keeps running.
• Day 7 — still unpaid: work under your plan pauses — builds, content updates and routine maintenance wait until the account is current — and we email you a suspension notice: a plain warning, one week ahead, with the date. Your site stays live.
• Day 14 — the Care Kit is suspended. Because hosting is part of the service, your website is replaced by a neutral holding page — nothing that suggests the business has closed — and the enquiry form pauses with it. The holding page tells search engines the outage is temporary, but a suspension that runs on for weeks can still cost search presence — one more reason this ladder moves slowly. Your site, code and content are untouched; nothing is deleted.
• Any day — pay the outstanding amount and everything is restored within one business day. No reactivation fee.
• Day 60 — still unpaid: we treat the subscription as cancelled and the handover below begins. The site is yours, so we hand it over rather than hold it — but we stop hosting it.

We'll never suspend without the written notice above, and we'll never delete your site or your content because of a missed payment.

Cancelling a Care Kit

Email us or cancel from the Stripe billing portal, any time, no reason needed. Cancellation takes effect at the end of the month you've paid for — the site stays live and the plan keeps working until that date. There's no notice period and no exit fee. Payments already made aren't refunded for a part-month, because the month was billed in advance and delivered.

Leaving with your site

Your website is yours. When a Care Kit ends — cancelled by you, or lapsed under the payment terms above — the handover is free:

• Your code and content, as a complete archive (or a repository transfer if you have somewhere to put it), within seven days of the end date.
• Your domain stays yours throughout — we never own it. We'll assist with DNS changes to point it at your new host during the window below.
• A 30-day window after the end date in which we'll reasonably help your next developer or host take over.

If you'd rather not do the moving yourself, we offer a managed move for a flat $299: we set the site up on hosting in your own name, re-point your domain, and replace the services that ran under our accounts — hosting, form protection and delivery, and analytics — with equivalents in yours. The archive contains your code and content; it doesn't contain the keys to the services that ran under our accounts — that gap is exactly what the managed move fills.

After the 30-day window our copies of the hosting setup are decommissioned. Without a Care Kit we're no longer hosting, monitoring or maintaining the site — it runs wherever you've moved it.

Price changes, and your rights

Care Kit prices can change with 30 days' emailed notice, taking effect from your next renewal — never mid-month. Nothing in this section limits your rights under the Australian Consumer Law (section 9), and these terms are governed as set out in section 14.

9. Your rights under Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law — including that services are provided with due care and skill and are fit for purpose. If we fail to meet a consumer guarantee, you're entitled to a remedy, and for a major failure you can cancel and get a refund of any unused portion.

Nothing in these terms limits those rights. Where we're allowed to limit our liability, we limit it to resupplying the service or paying the cost of having it resupplied.

10. Things we can't promise

We build sites to be fast, findable and well structured. We can't promise particular search rankings, traffic volumes, sales or enquiry numbers — those depend on your market and on things outside our control, and anyone promising otherwise isn't being straight with you.

We're also not responsible for third-party services your site connects to (payment gateways, booking systems, review platforms) going down or changing.

11. Ending the arrangement

You can stop a build before it goes live; you pay for work done to that point. We can stop working if an invoice goes unpaid (for a Care Kit, on the timeline in section 8), if we're asked to publish anything unlawful or misleading, or if the working relationship becomes untenable — and if we do, we'll explain why and refund anything you've paid for work not done.

12. Privacy

How we handle personal information is set out in our Privacy Policy.

13. Changes to these terms

We may update these terms. The version that applies to your project is the one published when you accepted the quote — and for a Care Kit, the one published when you subscribed (section 8). Changes are never applied retrospectively to work already underway.

14. Governing law

These terms are governed by the laws of New South Wales, Australia, and the courts there have jurisdiction.

15. Contact

J Westfallen & S.J Wright, trading as Brand Kits (ABN 35 393 871 646) — hello@brandkits.com.au