Terms and conditions

1. What you get

The Small Biz Advanced plan is a website and the systems around it, provided as a subscription. While you are subscribed we build the site, host it, keep it running and secure, and run the follow-up systems described on our pricing page: lead follow-up, missed call text back, review requests, follow-up campaigns and local search work.

Small changes are included: a new phone number, new hours, swapping a photo, fixing a line of text. Anything bigger, we tell you what it costs before we touch it. Other services, such as Google Business Profile optimisation, are quoted separately.

2. What we need from you

• Correct details about your business, including your ABN, licences, hours and service area.
• Photos and content you have the right to use. If you give us a photo, you are telling us it is yours or you have permission.
• Access to your Google Business Profile, or ten minutes of your time to set one up.
• A look at the finished site and a yes or no. Nothing goes live until you approve it.

If a build stalls because we are waiting on you, it waits. We will chase you, politely and more than once.

3. Price and billing

The plan is $415 a month, or $4,995 a year paid up front. The yearly plan runs for 64 weeks, not 52: the 12 extra weeks are the reason it exists. All prices are in Australian dollars. We are not registered for GST, so no GST is added. If that changes, GST will be added to our prices and you will get at least 30 days notice first.

There is no setup fee. Billing starts the day your site goes live, not before. If you never approve the site, you never pay for it.

Monthly plans are billed each month in advance. Yearly plans are billed once, in advance. If a payment fails we will get in touch. If it is still unpaid after 14 days we may take the site offline until it is sorted.

If we ever change the price, we will give you at least 30 days notice by email. A yearly plan keeps its price until it renews.

4. Usage charges

Texts, phone calls and your business phone number are not capped, and they are not included in the plan price. You pay for what you use, the same as a phone bill.

Usage is charged at what the phone carriers charge us, plus a margin. It is billed in US dollars, because that is how the carriers bill. As a guide, at today's rates:

• A text you send: about 10 US cents (roughly 16 Australian cents) for every 160 characters. A long text counts as two or three.
• A text you receive: a couple of cents.
• A picture message: about 70 US cents (a bit over a dollar Australian), sent or received.
• Phone calls: a few cents a minute.
• Your business phone number: about 13 US dollars (roughly 20 Australian dollars) a month.

Carrier rates move, and when they do, ours move with them. The rates that apply to you today are always shown in your account.

Usage comes out of a prepaid balance on your account. When the balance gets low it tops itself up from your payment method. Every text, call and charge is itemised, so you can see exactly what was sent and what it cost.

5. No contract, and how to cancel

There is no minimum term. You can cancel whenever you like by emailing or ringing us. A monthly plan runs to the end of the month you have paid for. A yearly plan runs to the end of the period you have paid for.

This is a subscription, not a purchase. When your plan ends, the website comes down and the follow-up systems stop. Your domain name is registered in your name from day one, so it stays yours and goes wherever you go. If you ask within 30 days of cancelling, we will send you the words and photos you gave us.

6. Refunds and your consumer rights

We do not give refunds because you changed your mind. We would rather you ring us first, because most problems are a ten minute fix.

Nothing in these terms takes away rights you have under the Australian Consumer Law. Our services come with guarantees that cannot be excluded, including that they are provided with due care and skill. If we fail to meet one of those guarantees, you are entitled to have it put right, and for a major failure you are entitled to cancel and to a refund for the part you did not get.

7. Who owns what

• Your content is yours: your words, your photos, your logo, your customer list and your reviews.
• Your domain name is yours. It is registered in your name.
• The website itself, including the design, the code, the templates and the automations, is ours. You get a licence to use it for as long as you are subscribed. It is not handed over when you leave.
• We may show your site as an example of our work. If you would rather we did not, tell us and it comes down the same day.

8. Texts, calls and spam law

When your system texts or calls your customers, you are the sender, not us. That matters, because Australian law puts the responsibility on the sender.

• You may only message people who have agreed to hear from you, or whose agreement can reasonably be inferred, as the Spam Act 2003 requires.
• Every marketing message has to say who it is from and give a working way to opt out. Our templates do both. Do not remove them.
• Do not upload bought, scraped or borrowed lists. Telemarketing calls have to respect the Do Not Call Register.
• Review requests go to every customer, not just the happy ones. We will not set up a system that filters who gets asked, because it breaks Google's rules and puts your listing at risk.

If messaging from your account looks unlawful or is drawing complaints, we can pause it while we sort it out with you.

9. What we do not promise

We do not promise a ranking on Google, a number of leads, or an amount of revenue. Nobody honest can. We promise the work: a site built properly, a listing set up properly, and systems that do what we said they would.

Some of what we do depends on other companies, including Google, the phone carriers and our hosting provider. When they have an outage or change their rules, we will work around it as fast as we can, but we cannot control them.

10. Fair use

Do not use the site or the systems for anything unlawful, misleading or abusive, and do not give us content you do not have the right to use. If you do, we can suspend the service.

11. Liability

To the extent the law allows, our liability to you for any claim is limited to supplying the service again, or the fees you paid us in the 12 months before the problem, whichever you prefer. We are not liable for indirect losses such as lost profit or lost opportunity.

This section does not limit the consumer rights described in section 6.

12. Privacy

Our privacy policy explains what we collect and what we do with it. Information about your customers that passes through your system belongs to you. We handle it on your behalf, to run your service, and for nothing else.

13. Changes to these terms

If we make a change that matters, we will email you at least 30 days before it takes effect. If you do not like it, you can cancel. There is no contract holding you.

14. The law that applies

These terms are governed by Australian law.

15. Contact

Ring or text 0495 096 356, or email craig@builtforsmallbiz.com.au.