Terms of Service

These terms (“Terms”) cover the website work provided by Torek, ABN 41 124 813 799 (“Torek”, “we”, “us”, “our”). They apply when we build a website for you, look after one, carry out search work on one, or set up and manage Google Ads campaigns for you. 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.

What you are buying is set by the package you take and what we agree in writing before the work starts, not by anything else written on this site.

There are three:

• Website. We write and build a website for your business and put it live on your domain, then host and look after it monthly.
• Website + SEO. The website, plus search engine optimisation work carried out every month for as long as you are on the package.
• Website + SEO + Google Ads. The website and the search work, plus the setup and ongoing management of Google Ads campaigns on your own advertising account.

Anything outside the package you have taken is separate work, quoted before it starts. That includes a new section or feature on the site, a rebuild of something we have already delivered, and any change to the scope while work is under way. If you want to change the scope mid-build, we agree the change and its cost before we carry on.

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

The setup fee. Each package has a one-off setup fee, at the price published for that package when you sign up. It is one payment, paid in full before the build starts, and paying it is what starts the build.

We do not build anything before that payment. There is no preview, no mock-up and no sample build, and nothing is shown to you in advance of it.

The monthly. Each package has a monthly fee, at the price published for that package when you sign up. It is billed in advance for each monthly period and starts when the site goes live. The monthly figure published for a package is the whole of what you pay each month for it. It is not added to the monthly of another package.

Monthly fees run month to month with no minimum term and no lock-in. If a monthly payment is not made we may pause hosting, the search work or the campaign management until the account is back up to date, and switch it on again once it is paid.

Prices are in Australian dollars. We do not receive or store your card details; where you pay by card, the payment is handled by our payment processor.

Anything you buy in your own name, such as a domain registration or a subscription you hold yourself, is yours to pay and is not part of our fee. Google Ads spend is dealt with separately in section 7.

On all three packages the monthly covers hosting, an SSL certificate, backups and monitoring.

The monthly also includes a set number of content changes, and that number depends on your package: up to 3 a month on Website, up to 5 a month on Website + SEO, and up to 10 a month on Website + SEO + Google Ads. Unused changes do not roll over to the following month.

On the Website + SEO and Website + SEO + Google Ads packages, the search work and the campaign management described below are carried out on top of that same list. They do not replace any part of it.

A content change means changing text, swapping photos, or updating prices, hours, contact details or service areas, on pages that already exist. A new page, a new section, a change to layout or structure, new functionality and a rebuild are not content changes. They are separate work under section 2 and are quoted before the work starts, except where a page is being added as part of the monthly search work, which is already included in the packages that carry it.

On the two packages that include it, search work is an ongoing monthly service rather than a one-off piece of setup. The work covers keyword research across your services and areas, page titles, meta descriptions and headings written against that research, structured data, technical checks on speed, mobile rendering, crawling and broken links, setting up and keeping current your Google Business Profile, and adding or reworking a service or area page each month. You get a written summary each month of what was carried out.

That is a description of the work, and only of the work. Search engines decide what they show and on what basis, and they change how they decide it without notice. Nothing in this section is a promise about rankings, traffic, enquiries or any other outcome, and section 8 applies to all of it.

If you stop the package, the work stops. Anything already carried out stays part of the site, and section 12 sets out who owns the site and what happens to it.

On the package that includes it, we build the campaigns on your own Google Ads account, write the keyword and negative keyword lists, write and rotate the ad copy, set up conversion tracking for calls and form enquiries, and manage the campaigns on an ongoing basis, which covers budgets, bids, schedules and the review of search terms. You get a written summary each month of what was carried out.

The monthly fee for that package covers campaign setup and management. It does not cover work on other advertising platforms, and it does not cover the production of video or photography.

Google Ads spend is billed by Google directly to the client's own payment method on the client's own Google Ads account. Torek does not pay, hold, mark up or invoice ad spend. The monthly fee for the Website + SEO + Google Ads package covers campaign setup and management only. Torek requires a minimum ad spend of $1,000 per month for this package. The client owns and controls the advertising account and may change or stop spend at any time. Torek does not guarantee any advertising outcome.

You keep access to your own advertising account at all times, including after we stop working together. If you stop paying Google, the campaigns stop, and that is between you and Google.

Except for the rights and guarantees you have under the Australian Consumer Law, and to the maximum extent permitted by law, we carry out this work on a best-effort basis and provide it “as is”. We do not promise any particular result. That includes enquiries, phone calls, bookings, sales, search rankings, traffic, cost per enquiry or return on advertising spend, and it includes any timeframe to any of them. Nothing said in a conversation, a message or a proposal should be read as a promise of one.

Outcomes depend on your business, your pricing, your market, your customers and third-party services we do not control.

Websites and campaigns are software, and software can get things wrong. A page can break after an update, a form might not send, a tracking tag might miss something. 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.

If we do not deliver the site, you get the setup fee back in full. That is the case whatever the reason, and it does not depend on you asking in a particular way or within a particular window.

If you cancel after paying but before the build starts, we refund the setup fee in full.

If you cancel once the build is under way, we refund the setup fee less the value of the work already done. That deduction is a genuine estimate of the work performed up to that point, not a penalty, and we will tell you how it was worked out.

Once the site is live there are no change-of-mind refunds. Revisions are the remedy: tell us what is wrong and we will adjust it, and that is covered by the work you have already paid for. A change to the brief or to the scope we agreed is new work under section 2, and we agree that before we start it.

Monthly fees are billed in advance. The month you have already paid for is not refunded, and we keep the site up and the work running for the rest of it. If we take a payment for a month after you have told us you are stopping, that one comes back to you.

If we agree to a piece of work and then find it cannot be done the way we described, we tell you and refund what you have paid towards it.

Anything you buy directly in your own name, such as a domain registration, a subscription you hold yourself, or advertising spend paid to Google, is not ours to refund. It never passes through us, so any refund of it is a matter between you and that provider.

None of the above limits your rights under the Australian Consumer Law. Where those rights apply they operate regardless of anything written in this section, and we will honour them. Section 10 sets them out.

Before a chargeback, talk to us. If you believe something has gone wrong, contact us first at torek.trade@gmail.com. We would rather fix it than have it become a dispute.

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.

If a service we supply is not delivered, is not what we described, or is not of acceptable quality, you are entitled to a remedy. Depending on how serious the problem is, that may be having the work redone, or a refund. These rights apply regardless of anything in these Terms, and we will honour them.

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 us 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 the extent permitted by law, you indemnify us against claims, loss and costs arising from material you supply that you did not have the right to use, from your breach of these Terms, or from your breach of any law.

Torek owns the site. We build it, we own it, and we host it. That does not change when it goes live, and it does not change with time.

You own your domain. It is registered in your name, or transferred into your name, and it stays yours the whole time. You can point it anywhere you like, whenever you like, including away from us.

You own the content you gave us. Your logo, your photographs, your written copy, your business details, your prices, and the enquiries that come through the site. Ask for it at any time and we send it back in a format you can use.

The monthly is what keeps the site live. It pays for the hosting, the certificate, the backups and the monitoring the site runs on.

If the monthly stops, the site stays live for 14 days and then comes down. Those 14 days are there so nobody loses their site over a declined card. Your domain and your content are not affected: the domain is still yours to point wherever you want, and your content still comes back to you on request.

Ownership of the build does not transfer. Not when the site goes live, not after twelve months, not ever, and there is no schedule under which it does. If you want to own the build outright, ask us and we will quote it as a separate arrangement at the time.

We also keep ownership of the underlying tooling, templates and building blocks we reuse across the work we do for everyone.

We may show the work we produce for you as part of our own portfolio. If you would rather we did not, tell us in writing and we will not.

Monthly fees run month to month and either of us can cancel with reasonable notice. When you cancel, the package runs to the end of your current paid month. After that the monthly search work stops and we stop managing the campaigns. The site stays live for 14 days from the end of that month and then comes down, as set out in section 12.

You can ask us for your content at any time, including on the way out, and we will send it back in a format you can use. Your domain is yours and stays yours. The site itself stays with us, as set out in section 12. You can also ask us to hand over or transfer the advertising account and the analytics and search console properties set up in your name.

Once the site has come down, we keep your content only for as long as we need to meet a legal obligation.

We may decline or end work if material you supply infringes someone else's rights, if what you are advertising cannot lawfully be advertised on the relevant platform, or if payment fails.

To build and run this work you give us the access we need to the accounts and services involved, such as your domain, your advertising account and your business listing. You can withdraw that access at any time, which may stop us doing the work.

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. We do not check the ownership of material you send us. 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, including the claims made about your business on the site, any licence or registration your trade requires, and the rules of the advertising platform for what you sell.

If we are waiting on you for something, the timeframes pause until we have it.

This work relies on third-party services, including hosting providers, domain registrars, email providers, payment processors, Google Search, Google Ads and Google Business Profile. 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, pricing or decisions, including a decision to disapprove an ad or suspend an account, 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 around the clock, so if something looks wrong, let us know.

How we handle personal information, including the details that come through your site’s enquiry form and through the callback form on ours, is set out in our Privacy Policy.

We may update these Terms from time to time. The current version always lives on this page, with the “Last updated” date at the top.

If a change materially affects you, we will email you before it takes effect and give you reasonable notice, so you have time to read it and decide what you want to do. Smaller changes, such as tidying up wording or writing down how we already work, take effect once they are on this page.

A change to these Terms does not change the package you signed up to or what it costs. If you would rather not continue under the updated Terms, you can cancel under section 13. Staying on your package after a change takes effect means you accept the updated Terms.

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 they apply to you, please get your own advice.

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