Terms

1. These terms

These are the terms I work under. “I” and “me” mean Kova Digital, ABN 57 270 579 986. “You” means the business I am building for.

They apply from the day you accept a quote. If your quote says something different and specific, the quote wins on that point.

2. What I do

I build your website, and if you take Care and Hosting, I keep it live, backed up, monitored and looked after. Add-on services are listed in clause 7.

I am one person. There is no team, no account manager, and nobody your work gets handed to.

Photography. If your own photos are not good enough, I will recommend photographers and tell them exactly what shots the site needs. You engage them and pay them directly. I do not carry that cost and I do not add anything to it. The build does not wait on it — I go live with what you have and swap better frames in at no charge when they arrive.

3. What you do

You give me your content: business details, ABN, licence number, service areas, photos, and the facts about what you do. You check it. You are responsible for it being true — I will not invent a licence number, an insurance figure, a review, or a job count, and I will not publish one you have not given me.

I need you to come back to me on approvals. If a build stalls for more than sixty days waiting on you, I may invoice the work done to that point and close the job. You will not lose it — we can restart, and anything already paid stays credited.

4. Prices

All prices are in Australian dollars and are the total amount payable. There is nothing added on top.

Basic — $990 build, once. $159 per month Care and Hosting.

Premium — $2,490 build, once. $289 per month Care and Hosting.

Extra pages beyond your build are $100 each.

Invoices are due within seven days unless the invoice says otherwise.

5. Paying for your build

There are two ways to pay for a build.

Paying upfront

You pay the build fee, and the monthly is your call.

If you want Care and Hosting, it starts when the site goes live and runs month to month under clause 6.

If you would rather not have it, I hand you the files under clause 12 and you owe me nothing after that. I will make recommendations about where to host it, but setting it up is your job unless you take the service in clause 13.

Spreading it over twelve months

Basic — $258 per month for twelve months, then $159 per month.

Premium — $990 to start, then $439 per month for twelve months, then $289 per month.

Care and Hosting is included for the whole twelve months. There is nothing else to pay.

This is a twelve-month minimum term. That is the trade for not paying the build upfront, and clause 9 sets out exactly what happens if you stop early.

Of each monthly payment, a fixed part goes against your build fee: $99 a month on Basic, $150 a month on Premium. The rest is Care and Hosting. That split is what clause 9 uses to work out where you stand if you cancel.

On both plans, twelve payments clear the build in full, and the balance reaches zero at month ten.

After twelve months

Your monthly drops to the standard Care and Hosting price — $159 on Basic, $289 on Premium — plus any add-on services you are running. From that point it is month to month, same as clause 6, and the minimum term is over.

6. Care and Hosting

Month to month. No fixed term and no automatic renewal into one, except during a twelve-month spread under clause 5.

It covers hosting, SSL, backups, uptime and security monitoring, and keeping the site working as browsers and dependencies change.

I can change the monthly price with thirty days’ written notice. If you do not want to pay the new price, you can cancel before it takes effect and you will not pay a cent of the increase.

7. Add-on services

Local SEO Foundation, $279 per month. Google Business Profile management, $175 per month. Review Management, $89 per month. Google Ads management, $389 per month plus a $499 setup fee.

Each is month to month on the same thirty days’ notice as clause 9. You can drop one without dropping the others.

Local SEO Foundation includes up to two new service area pages a quarter on a Basic build, and up to four a quarter on Premium. Everything else in the module — listings consistency, structured data, monitoring and reporting — is not capped. The page limit is deliberate: thirty near-identical suburb pages is a doorway site, Google filters them, and it would not help you.

Review Management needs care on both sides. You only give me customer contact details you are allowed to give me, and only for customers who would reasonably expect to hear from you about the job you just did. Every review request identifies your business and carries a way to opt out. If a customer opts out, they are out permanently.

Bundles. Foundation is Care and Hosting, Google Business Profile and Review Management together: $379 a month on Basic, $509 on Premium. Growth adds Local SEO Foundation: $609 a month on Basic, $739 on Premium. Google Ads is not part of any bundle.

Bundles are month to month on the same thirty days’ notice. If you drop one part of a bundle, the rest revert to their individual prices from the next billing month, and I will tell you what that figure is before it happens.

8. Google Ads and ad spend

If you run Google Ads, the account is yours, the card on it is yours, and the budget is yours. Ad spend goes straight from you to Google and never through me. The $389 per month is my fee for managing it and is separate from whatever you spend.

9. Cancelling

You can cancel any time with thirty days’ written notice. Email or text is fine. I can end it too, on the same notice.

During those thirty days I keep looking after your site and I invoice for it, because I am still supplying it.

If you paid your build upfront, that is the whole of it. Nothing else falls due.

If you are inside a twelve-month spread, the unpaid balance of your build fee becomes payable at the end of the notice period. It is worked out against the build price, not the spread total:

• Basic — $990, less $99 for every monthly payment you have made.
• Premium — $2,490, less the $990 you paid to start, less $150 for every monthly payment you have made.

So on Basic, cancelling after four payments leaves $594. After nine, $99. From the tenth payment on, nothing.

On Premium, after four payments it leaves $900. After nine, $150. From the tenth payment on, nothing.

You are not charged for Care and Hosting past the notice period. I am not supplying it, so I am not billing for it.

10. What happens to your website when you stop

Once the notice period ends, you have fourteen days before anything comes down. I will tell you the date in writing and I will not take anything offline without telling you.

If your build is paid for — upfront, or through a completed spread, or by settling the balance under clause 9 — you get the files under clause 12 and the site is yours to take elsewhere.

If your build is not paid for, the site comes off my hosting at the end of those fourteen days. You do not get the files and there is no licence to use them.

I am not going to hold a website you have paid for hostage to keep you on a monthly. But a build that has not been paid for is not yours to take.

Either way, clause 11 still applies.

11. What stays yours no matter what

Your domain name. Your Google Business Profile. Your reviews. Your photos. Your logo. The words and the facts about your business.

None of that is affected by cancelling, by an unpaid balance, or by anything else in these terms. Your domain is registered in your name, it stays your property, I will help you move it, and I will not sit on it.

12. Ownership and licence

When your build is paid for in full, I hand you the complete codebase and content for your site.

You get a perpetual, non-exclusive, non-transferable licence to use it, host it, modify it, and have someone else work on it, for the one business and the one website it was built for.

What that licence does not let you do:

• Sell it, license it, give it away, or publish it.
• Use it as a starting point or a template for another website — not yours, not anyone else’s.
• Use it to run or supply a web design or web development service.

If you start a second business, that is a second build.

I keep ownership of the underlying components, design system and code patterns. Handing you your files is not a transfer of those.

13. The handover service

The files are free once your build is paid for. Handing them over properly is a separate service and costs $300.

That covers packaging up your codebase, moving it onto hosting of your own, pointing your domain at it, checking it runs, and making sure you can keep it running without me.

You can take it in either situation:

• You are leaving. You want to run the site yourself rather than stay on Care and Hosting.
• You are staying. You are still on the monthly but want a copy of the code anyway — to hold, or to put in front of another developer.

It is the same work and the same price either way, and it is available to anyone whose build is paid for, whichever way you paid.

If you do not take it, I will still tell you what I would host it on and point you in the right direction. The setup itself is then yours to do.

14. Content you give me

You keep ownership of everything you give me, and you confirm you have the right to use it. That matters most with photos — if you send me an image you found online rather than one of your own jobs, that is a problem you are carrying, not me.

If someone raises a genuine complaint about content you supplied, I will take it down while we work out where it came from.

15. Third-party services

Your site depends on services I do not control — hosting, the domain registry, Google, the form-delivery service, payment providers. If one of them changes its terms, its pricing or its behaviour, I will tell you and work out the best way through it, but I am not liable for what they do.

16. What I do not promise

I do not guarantee search rankings, positions, traffic volumes, phone calls, or leads. Nobody honestly can, and anyone who does is selling you something. I build the site so it can be found and I do the technical work properly. What Google does with it is Google’s.

I do not guarantee zero downtime. Hosting providers have outages. When one happens I will tell you and get you back up.

17. Australian Consumer Law

Nothing in these terms takes away, restricts or changes any right you have under the Australian Consumer Law. My services come with guarantees that cannot be excluded — including that they will be provided with due care and skill, will be fit for the purpose we agreed, and will be supplied within a reasonable time.

If those guarantees apply, they apply, whatever else these terms say.

18. Limitation of liability

Where the law allows me to limit my liability, my liability for a failure to comply with a consumer guarantee is limited to supplying the services again, or paying the cost of having them supplied again.

Otherwise, and to the extent the law allows, my total liability for anything to do with your site is capped at the fees you have paid me in the twelve months before the problem arose. I am not liable for lost profit, lost work, or lost business opportunity.

None of this applies where limiting it would breach the Australian Consumer Law.

19. Unpaid invoices

If an invoice is more than fourteen days overdue I will send you a written reminder. If it is still unpaid fourteen days after that, I may pause Care and Hosting until it is paid.

I will not pause anything without both of those notices, and I will not delete anything.

20. Changing these terms

I can change these terms for work not yet quoted, at any time.

For work already underway, or a plan already running, I will give you thirty days’ written notice of any change. If you do not accept it you can cancel before it takes effect without penalty — and if you are inside a twelve-month spread, cancelling for that reason does not trigger the balance under clause 9.

The version that applies to you is the one at the revision reference and date at the top of this page when you accepted your quote.

21. Governing law

These terms are governed by the law of South Australia. Any dispute goes to the courts of South Australia, and I agree to that too.

22. Contact

0485 679 116

jordan@kovadigital.com.au