Website services terms

Supplier: Hugo Hosting, operated by Edward Caravas (sole trader), Melbourne VIC, hello@hugohosting.com.au ("we", "us").

Client: the business named in the accepted Proposal ("you").

These Terms and the Proposal you accept (by signing, by email, or by paying the deposit) make up our agreement. If they conflict, the Proposal wins for scope and price, and these Terms win for everything else.

1. What we'll do

1.1 We'll design, write (if included), build and launch the website described in the Proposal (the "Site"), and provide any Care Plan you choose.

1.2 Anything not listed in the Proposal is outside scope. Before doing extra work we'll give you a written quote or estimate, and we'll only do it once you've agreed. Unless quoted otherwise, extra work is charged at A$99 per hour (including GST), in 15-minute blocks.

1.3 We build to good-practice standards: mobile-first, fast-loading and built with accessibility good practice in mind. Results can depend on content you supply (e.g. very large images or embedded third-party tools). We don't guarantee search rankings, enquiries or sales.

2. What you'll do

2.1 Supply your content (text details, logo, photos, prices, hours, licence numbers) within 14 days of the deposit, using our onboarding checklist. Delays on your side move the timeline.

2.2 You confirm that you own, or have permission to use, everything you give us. You also confirm that your claims, prices and offers are accurate and lawful (e.g. Australian Consumer Law, and AHPRA advertising rules for registered health practitioners, including no testimonials). We may flag issues, but you're responsible for your business's compliance.

2.3 Create and own your own accounts (domain, Google Business Profile and similar), and give us the access we need (see the onboarding checklist). Keep your passwords and two-factor authentication secure.

2.4 Give feedback and approvals in writing (email is fine) within a reasonable time.

3. Price and payment

3.1 Prices are as stated in the Proposal and include GST. We'll give you a tax invoice for each payment.

3.2 Build fees: a 50% deposit before we start, and the 50% balance before launch (we put the Site live once the balance is paid). Invoices are due within 7 days.

3.3 Care Plans: billed monthly in advance (or yearly in advance if you choose annual). Month-to-month, with 30 days' notice to cancel. Unused edit time doesn't roll over. Each Care Plan includes hosting for the Site (see clause 5.1) and our maintenance, updates and support, as described in the plan.

3.4 If an invoice is overdue, we may pause work after giving you written notice. We'll never take down a live site you've paid for, or lock you out of your own accounts, because of a payment dispute.

3.5 Third-party costs (domain renewals, paid plugins, stock photos you ask for, paid tools) are paid by you directly, or passed on at cost with your prior approval.

3.6 Promotions. For any promotion below, "sign up" means you accept our Proposal and pay the deposit. Promotions apply to new clients only, aren't redeemable for cash, and can't be transferred. [Promotions clause is a draft: to be reviewed before relying on it.]

• (a) Founding offer. If you sign up before 1 December 2026 (that is, by 11:59 pm Melbourne time on 30 November 2026), the Launch package is A$490 (usually A$690) and the Business package is A$1,100 (usually A$1,490), including GST. In exchange, you agree to give us an honest review of our service after launch, and to let us show your Site as an example of our work (for example, a screenshot and a link on our website).
• (b) 3 months of Care free. If you sign up for a Launch or Business build on or before 31 December 2026, you get our standard Care plan (usually A$59 a month, including GST) free for the first 3 months after your Site launches, a value of A$177. It can be combined with the founding offer. It covers the standard Care plan only; if you choose Care Plus, the free months don't apply to it [whether a Care Plus credit applies to be confirmed].

3.7 Honest reviews. Any review you give us must be your own genuine, honest opinion. Your founding price doesn't depend on the review being positive, and we won't ask you to change or remove it. Where we publish or share your review, we may note that it was given by a founding-offer client.

3.8 After the free Care months. We'll remind you before the 3 free months end. Care only continues as a paid plan if you tell us you want it to; we won't charge you for Care without your agreement. If you don't continue, clause 5.1A applies to hosting.

4. Revisions and timing

4.1 The build fee includes two rounds of revisions on the draft site. A round is one consolidated list of changes.

4.2 Further changes, or changes after sign-off, are extra work under clause 1.2. Changes during the free tweak period after launch (14 days for Launch, 30 days for Business) are included if they're small (under 30 minutes in total) and within the original scope.

4.3 Timeframes are estimates. We'll tell you promptly about any delay on our side.

5. Hosting, domains and accounts

5.1 Hosting is included in Care Plans. While you have an active Care Plan, we host the Site using our hosting and infrastructure providers, and look after its maintenance, updates and support as described in your plan. Hosting is included for typical small-business traffic [fair-use limits to be confirmed]. Very high-traffic sites or extra features may need a hosting upgrade, which we'll quote before any change. We rely on third-party providers and can't guarantee uninterrupted availability, but we'll work to restore service promptly.

5.1A If you don't have an active Care Plan, hosting isn't included, and we'll agree the hosting arrangements for your Site with you in the Proposal [arrangements without a Care Plan to be confirmed].

5.2 Your domain is registered in your name, through a registrar you choose and pay. You're responsible for renewing it. Care Plans include renewal reminders.

5.3 You'll give us the access we need to any accounts connected to the Site (for example your domain registrar and Google Business Profile). You can remove our access at any time. We'll remove it, or ask you to, when our work ends.

5.4 The source code is kept in a private Git repository controlled by us during the build, and transferred to you, or exported to you as a copy, on request after full payment.

6. Intellectual property (IP)

6.1 Your content stays yours. You keep all rights in the content you supply (text, logos, photos, trade marks). You give us a licence to use it only to build, maintain and (under 6.5) showcase the Site.

6.2 On full payment, the Site's bespoke parts become yours. Once all build fees are paid, we assign to you copyright in the parts made specifically for you: the copy we write for you, the Site-specific design (layout, colours and graphics made for you), and the Site-specific code and configuration ("Bespoke Deliverables").

6.3 Our toolkit stays ours, and you get a permanent licence to it. We keep ownership of our pre-existing and reusable materials: templates, components, starter code, frameworks, scripts, know-how and generic design elements ("Our Toolkit"). On full payment we grant you a perpetual, non-exclusive, royalty-free, worldwide, irrevocable licence to use, copy and modify Our Toolkit as part of your Site (including any future versions of it, and with any developer you choose). You can't resell or redistribute Our Toolkit on its own.

6.4 Third-party materials (open-source software, fonts, icons, licensed stock photos) are licensed to you on their own licence terms, which we'll identify on request.

6.5 Portfolio. We may show the Site and your business name in our portfolio and marketing, unless you tell us in writing not to. If you ask, we'll stop showcasing it.

6.6 Before full payment, you may use draft materials for review only.

6.7 Moral rights. To the extent we can, we consent to you modifying or adapting the Bespoke Deliverables without attributing us.

7. Cancellation and ending the agreement

7.1 You can cancel the build at any time by written notice. You'll pay for work done to that point at our hourly rate, capped at the build price. If the deposit is more than that amount, we'll refund the difference. If it's less, we'll invoice the difference.

7.2 We may end the agreement by written notice if you don't pay an overdue invoice within 14 days of a reminder, or don't provide content within 60 days. Clause 7.1 then applies.

7.3 Care Plans: either of us can cancel with 30 days' written notice. Annual plans cancelled early are refunded pro rata for whole months remaining, less any discount you received for paying annually.

7.4 When the agreement ends, we'll hand over what you've paid for (a code export and a handover document) and help remove our account access.

8. Australian Consumer Law

8.1 Our services come with guarantees that can't be excluded under the Australian Consumer Law (ACL). This includes services supplied to a business where the price is A$100,000 or less. Nothing in these Terms excludes, restricts or modifies those rights.

8.2 If our services aren't of a kind ordinarily acquired for personal, domestic or household use, then where the law allows, our liability for a failure to meet a guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

9. Liability

9.1 Subject to clause 8, our total liability under or in connection with this agreement is limited to the fees you've paid us under this agreement in the 12 months before the claim.

9.2 Subject to clause 8, neither of us is liable for indirect or consequential loss, including loss of profits, revenue, data or business opportunity.

9.3 We're not responsible for failures of third-party services (hosting and infrastructure providers, registrars, Google, form or email providers) or for changes they make, but we'll help you deal with them under any Care Plan.

9.4 Each party's liability is reduced to the extent the other party caused or contributed to the loss.

10. Privacy and confidentiality

10.1 We'll keep your non-public business information confidential, and use it only to provide our services.

10.2 We handle personal information in line with our privacy policy at /privacy/. If your Site collects enquiries, you're responsible for your own privacy policy (we provide a template, which isn't legal advice).

11. General

11.1 Disputes: let's talk first. If we can't resolve it within 14 days, either of us may refer it to mediation through the Victorian Small Business Commission before starting court proceedings (except for urgent relief).

11.2 Governing law: Victoria, Australia. Both of us submit to the courts of Victoria.

11.3 We may use subcontractors and tools (including AI-assisted tools) to help deliver the work. We remain responsible for it, and a human (Edward) reviews and signs off everything.

11.4 Any changes to these Terms must be agreed in writing (email is fine).

11.5 If any clause is unenforceable, the rest still applies.