Automation Terms of Service

These terms cover the website and automation work provided by Torek, ABN 41 124 813 799 (“Torek”, “we”, “us”, “our”). They apply when we build or rebuild a website for you, look after one, or build and run automations inside your business. By engaging us for that work, you agree to these terms. If you are agreeing for a business, you confirm you have authority to bind that business.

Websites. We build new sites, rebuild existing ones, and look after sites on an ongoing plan. Looking after a site covers hosting, updates, backups and the edits you ask for while the plan is running.

Automation. We scope, build and run automations that work inside your business, and we keep them running while your plan is live.

You can take one or both. What you are buying in each case is set by your quote, not by anything written on this page or on the rest of the site.

Every piece of work is quoted in writing before it starts. The quote sets the scope: what we are building, what it does, what it connects to, what it costs to build, and what the monthly is once it is live.

Anything outside that quoted scope is a separate piece of work with its own quote. That includes a new automation, a significant change to one we have already built, a new section or feature on a site, and a rebuild of something we previously delivered. If you want to change the scope while work is under way, we re-quote before we carry on.

Timeframes in a quote are our honest estimate, not a fixed date, and they assume we have what we need from you.

One-off work. A website build or rebuild, and the build of an automation, are charged as a one-off fee set by your quote. We may ask for part of it before the work starts, and the quote will say so if we do.

Monthly plans. Hosting, updates, backups, edits, and running an automation are charged monthly at the rate in your quote. Where an automation we run sends text messages, the messaging cost is inside that monthly and is not billed to you per message.

Monthly plans run month to month, with no lock-in. If a monthly payment is not made, we may pause the affected site or automation until the account is back up to date, and switch it on again once it is paid.

Anything you buy in your own name, such as a domain registration or a third-party subscription you hold yourself, is yours to pay and is not part of our fee unless your quote says otherwise.

Except for the rights and guarantees you have under the Australian Consumer Law, and to the maximum extent permitted by law, we build and run this work on a best-effort basis and provide it “as is”. We do not promise any particular result, such as more enquiries, more bookings, more reviews, better search rankings or faster payment, and we do not guarantee a site or an automation will run without interruption. Outcomes depend on your business, your customers and the third-party services involved.

Websites and automations are software, and software can get things wrong. A page can break after an update, a message might not send, a detail might be read incorrectly, or a trigger might be missed. You accept that this can happen, and you stay responsible for checking anything you rely on for a payment, a legal record or an important decision.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any of those guarantees, or any other right you have that cannot be excluded by law.

Where we are allowed to limit our liability, then to the maximum extent permitted by law our total liability to you for anything connected with this work or these terms is limited, at our option, to re-supplying the affected service or refunding the fees you have paid for it.

To the maximum extent permitted by law, we are not liable for indirect or consequential loss, including lost profits, lost revenue, lost or corrupted data, or business interruption, even if we were told it was possible.

To build and run this work, you give us the access we need to the accounts and services involved, and you can withdraw that access at any time, which may stop a site or an automation working.

You are responsible for the accuracy of what you give us, and for having the right to use it. That covers the text, photos, logos and prices you send us for a site. If something you supply infringes someone else's rights, that is on you, and we will take it down once we know.

You are responsible for your own legal compliance. In particular, where an automation sends messages to your customers, you are responsible for having their consent and for giving them a clear way to opt out, as required by the Spam Act 2003 (Cth) and other marketing rules. We build the automation, but you are the sender: messages go out in your name and on your behalf, and you are responsible for who receives them and how the automation is used.

You own your data, your customer data, and the content you supply for a site. That stays yours throughout and after.

Once the work is paid for, the site we built for you is yours to use for your business. We keep ownership of the underlying tooling, templates and building blocks we reuse across the work we do, and nothing here gives you rights to those beyond using what we built for you.

This work relies on third-party services, such as hosting providers, domain registrars, text message and voice providers, payment processors, calendars, email and review platforms. Those providers have their own terms and pricing, and we do not control them. To the extent permitted by law, we are not responsible for their outages, changes, errors or pricing, though we will do what we reasonably can to keep things working when a provider changes something.

Support is best-effort. We aim to respond within one to two business days. We are not a 24/7 support service and we do not watch every site and automation around the clock, so if something looks wrong, let us know.

Monthly plans run month to month, and either of us can cancel with reasonable notice. When you cancel, the plan runs to the end of your current paid month, and after that we stop hosting the site or switch the automation off.

Before that happens you can ask us for a copy of your site's content and of the data an automation holds, and we will provide it in a common format. After a reasonable wind-down period we remove the working copies we keep to run it, except anything we need to retain to meet a legal obligation.

How we handle personal information, including the data that runs through your site and your automations, is set out in our Privacy Policy.

These terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales.

These terms are a general agreement for the work we do, written in plain English. They are not personalised legal advice. If your situation is unusual, or you are not sure how these terms apply to you, please get your own advice.

Questions about these terms? Email us at torek.trade@gmail.com.