Traction Marketing Terms & Conditions

Website Special Offer – Terms and Conditions

These Terms and Conditions form a legally binding agreement between Traction Marketing and the client. They should be read carefully in full before engaging services. By proceeding, you acknowledge and accept all terms outlined below.


1. Agreement Overview

  • These Terms govern all website design, hosting and related services provided by Traction Marketing.

  • By submitting payment, engaging services or continuing communication, the client agrees to be bound by these Terms and Conditions.


2. Business Details

  • Trading Name: Traction Marketing

  • Location: Secret Harbour, Western Australia 6173

  • Jurisdiction: Western Australia


3. Scope of Services

3.1 Inclusions

The Website Special Offer includes:

  • Template based business website build within Traction Marketing’s managed environment

  • Two revision rounds following first draft delivery

  • Basic structure and on-page optimisation only

  • Setup within Traction Marketing’s controlled environment

  • Non-transferable website framework

3.2 Exclusions

The service expressly excludes:

  • SEO or ranking guarantees

  • Bespoke development or custom-coded platforms

  • Complex third-party integrations

  • Unlimited revisions or redesigns

  • Ongoing changes outside agreed scope

The client acknowledges this is not a bespoke or enterprise-level website. The $995 offer represents a simplified, affordable solution intended for small businesses.


4. Payment and Hosting Terms

4.1 Pricing and GST

  • All prices are exclusive of GST unless explicitly stated otherwise.

  • GST will be added in accordance with Australian taxation law.

  • The client is responsible for payment of GST in addition to listed fees.

4.2 Fees

  • Full payment of $995 is required upfront prior to commencement.

  • A monthly hosting fee of $95 applies post-launch and must remain active to keep the website live.

  • Failure to pay hosting fees may result in suspension and potential permanent removal of the website.

  • The website operates exclusively within Traction Marketing’s managed environment and cannot be transferred, exported or migrated to external platforms.


5. Refund Policy

  • No refunds will be granted once work has commenced.

  • No refunds will be granted after website completion or delivery.


6. Revisions

  • Two revision rounds are included within the package.

  • Revisions must relate to the existing design structure.

  • Additional revisions or changes will incur additional fees.


7. Content Responsibility

  • Content may be supplied by the client or created by Traction Marketing with client approval.

  • The client warrants that all supplied content is lawful, accurate and properly licensed.

  • Traction Marketing accepts no responsibility for the legality or intellectual property compliance of client-supplied content.

The client confirms that:

  • All content is lawful and accurate

  • All images, logos and copy are owned or licensed

  • No intellectual property rights are infringed


8. Timeline

  • Estimated delivery timeframe is 7 to 14 days from the agreed start date.

  • Delays caused by the client extend delivery timelines without penalty to Traction Marketing.


9. Approval

  • Final approval must be provided in writing.

  • Written approval confirms acceptance of design and functionality.


10. Client Inactivity

  • If the client is unresponsive for 14 days or more, the project may be placed on hold.

  • Restart fees may apply at Traction Marketing’s discretion.


11. Ongoing Changes

  • Post-launch changes are not included in the original fee.

  • Additional work is billable at an hourly or quoted rate and must be approved prior to implementation.


12. Performance and Marketing Disclaimer

  • No guarantee is provided for traffic, revenue, rankings or conversions.

  • Supplementary marketing services may be offered under separate agreements and additional fees.


13. Limitation of Liability

  • Traction Marketing is not liable for business loss, loss of revenue or consequential damages.

  • Liability is limited to the total amount paid for services.

  • This includes, but is not limited to, downtime caused by third-party systems or external services.


14. Intellectual Property

  • The client retains ownership of their branding and supplied content upon full payment completion.

  • The website framework, structural system and hosting environment remain the property of Traction Marketing.

  • The website is non-transferable and cannot be exported or migrated.


15. Termination Rights

Traction Marketing reserves the right to terminate services if:

  • The client breaches these Terms

  • Abusive behaviour occurs

  • Payment is not completed

Outstanding fees remain payable.


16. Governing Law

These Terms are governed by the laws of Western Australia. Any disputes will be handled under WA jurisdiction.


17. Additional Legal Protections

Late Payment

  • Failure to pay hosting fees by the due date may result in an administration fee and website suspension.

  • Continued non-payment may lead to permanent termination of services.

Automatic Termination for Non-Payment

  • If hosting fees remain unpaid for 30 consecutive days, Traction Marketing may permanently suspend and terminate the website without further notice.

Dispute Resolution

  • Any dispute must be raised in writing.

  • Both parties agree to attempt good faith resolution prior to legal proceedings.

Force Majeure

  • Traction Marketing is not liable for delays or failures caused by events beyond reasonable control, including outages, cyber attacks or government restrictions.

Communication in Writing

  • All approvals, changes or disputes must be confirmed in writing.

Limitation on Reliance

  • The client confirms they have not relied upon verbal representations outside these Terms.

Indemnity

  • The client agrees to indemnify and hold Traction Marketing harmless from claims arising from content or materials they provide.

Severability

  • If any provision is deemed unenforceable, the remaining sections remain in full force and effect.


18. Artificial Intelligence (AI) Chatbot Disclaimer

Where the client elects to enable the optional AI chatbot feature:

  • The client acknowledges AI responses may be inaccurate, incomplete or misleading.

  • Traction Marketing makes no warranties regarding accuracy, reliability or suitability of AI-generated content.

  • Traction Marketing is not liable for any loss or damage arising from reliance on AI outputs.

  • The client retains full responsibility for monitoring and approving AI interactions.

  • AI chatbot responses do not constitute professional advice and must not be relied upon as such.


19. Special Offer Conditions

  • The Website Special Offer is valid at Traction Marketing’s discretion.

  • Availability is subject to project capacity and may be withdrawn at any time without notice.


20. Acceptance

By proceeding with payment or engaging services, the client confirms acceptance of these Terms and Conditions.