These terms are a contract between you and Website Smash, run by Daniel Dimsey in Melbourne, Australia ("we", "us"). Plain English is used on purpose; where a heading and a paragraph disagree, the paragraph wins. Nothing in these terms takes away rights you have under the Australian Consumer Law or any other law that cannot be excluded.
1. What we sell
- Landing page: $199 once. One page built from your logo and your details.
- Full website: $497 once. A home page, a page per service, about, areas and contact, with the on-page SEO set up.
- Hosting: $24 a month, or $19 a month paid yearly, for every site we host. It covers hosting, SSL, backups, small edits you ask for, and the lead forms, lead emails, Google Ads conversion tracking and webhooks on your site.
- SEO Growth: $1,000 setup plus $249 a month. Area pages for the places you work, written and checked, indexed and tracked. It needs the full website.
- Custom work: quoted on a call, in writing, before any work you pay for starts.
Prices are in US dollars. For customers in Australia the prices shown include GST. Stripe emails a receipt for every payment, and we send a tax invoice on request.
2. You pay when you're happy
You can build and preview a site for free. Nothing is charged until you choose to publish it. When you publish, you pay the one-off price for the site and the first hosting period, and the site goes live. Because you see and approve the site before paying, the one-off build price is not refunded once the site is live, except where the law says otherwise or we can't deliver what you paid for.
3. Hosting, renewal and cancelling
Hosting renews automatically each month or year, in advance, until you cancel. Cancel any time by asking us or from your account. Your site comes down at the end of the period you've paid for, and the unused part of a period isn't refunded unless the law requires it. We email you at least 30 days before any price change; if you don't agree, cancel before it starts and it's never charged.
4. Your domain
You own your domain. If you connect a domain you already have, it stays with your registrar and you stay responsible for it. If we register a domain for you, it costs the registrar's price plus US$10 a year, and we transfer it to you on request (registrar rules and fees apply). Registrations can't be undone once the registrar completes them, so domain fees are refundable only if the registration fails. If you leave, you keep the domain.
5. What your site says
Your site is built from what you give us, and some words are drafted by AI. You're responsible for making sure what it says about your business is true: your licenses, prices, offers, service areas, reviews and claims. You must hold the rights to the logos and photos you upload, and any reviews you supply must be real and from real customers. Tell us or change it if anything is wrong.
6. Leads from your site
When someone sends a form on your site, we collect it on your behalf and pass it to you by email, in your account and to any webhook or Zapier connection you set up. You're the business they're contacting, so you decide what happens with it and must handle it lawfully (in Australia the Privacy Act, Spam Act and Do Not Call rules; elsewhere the laws that do the same job). We act only on your instructions to provide the service, keep the leads confidential, use only the providers listed in our privacy policy, tell you without undue delay about any breach that affects them, and delete them when your account is deleted. Where you send leads on to other systems, what happens to them there is up to you.
7. What you own and what we own
You own the information, logos and photos you give us, and give us a license to use them to build and host your site. The words written for your site are yours to use, during and after hosting. Our templates, code and designs stay ours; when you leave we give you a copy of your site's pages and images on request. Sites we host carry a small "Website by Website Smash" credit in the footer.
8. No promise of results
We build sites to load fast and turn visits into calls, but rankings, leads and sales depend on things we don't control: your market, your competitors, Google, your ads and how fast you answer the phone. We don't guarantee a number of leads, a ranking or a return. Examples on our website are illustrations, not promises.
9. Acceptable use
Don't use a site we host for anything unlawful, misleading, defamatory or harmful, or upload content you don't have rights to. We can take down content that breaks this, and will tell you why.
10. Consumer guarantees and liability
Our services come with guarantees that can't be excluded under the Australian Consumer Law. If we fail to meet one, you're entitled to the remedies the law provides. Where the law allows us to limit our liability for services not ordinarily bought for personal, domestic or household use, our liability is limited to supplying the service again or paying the cost of having it supplied again. Beyond that, and to the extent the law allows, each side's total liability for any claim is limited to the fees paid to us in the 3 months before the claim, and neither side is liable for indirect or consequential loss. Nothing here limits liability for fraud or anything the law doesn't allow to be limited.
11. Ending the service
You can leave any time (section 3). We can suspend or end the service if you break these terms or don't pay, after telling you and giving you a chance to fix it where it can be fixed. If we end it for a reason that isn't your fault, we refund the unused part of anything you've paid in advance.
12. Changes, disputes and governing law
We may update these terms. For changes that reduce your rights we email you at least 14 days before they apply, and you can cancel before then. If something goes wrong, talk to us first and we'll try to sort it out within 10 business days. These terms are governed by the laws of Victoria, Australia. Nothing stops you complaining to the ACCC, Consumer Affairs Victoria, the OAIC or your local consumer body.
Questions about these terms: contact us.