Terms of Service

WEBGATOR AUSTRALIA – TERMS & CONDITIONS Last updated: 1 July 2025

1. INTERPRETATION & DEFINITIONS

In this agreement:

• “WebGator” means WebGator Australia, an Australian business partnership trading under ABN 45636245426.

• “Client” means the person or entity receiving Services from WebGator.

• “Agreement” includes these Terms & Conditions, Service Proposals, Payment Terms, and any written communication confirming scope and deliverables.

• “Services” refers to the work provided by WebGator, including but not limited to:

  • SEO Plans

  • Google Ads & other Ad Platform Management

  • Hourly-Based Services (including Website Maintenance)

  • Website Development

• “Plan” means any recurring or fixed-price service agreement.

• “Project” means any once-off or custom scope of work.

2. GENERAL

By engaging WebGator, the Client agrees to these Terms & Conditions. These may be updated occasionally; updated terms will be published on our website with reasonable notice provided for material changes.

3. SCOPE OF SERVICES

WebGator delivers a range of marketing and web-based services:

3.1 SEO Services

• SEO is delivered in accordance with industry best practices.

• No guarantees are made regarding rankings, traffic, or conversions.

• SEO outcomes are influenced by third-party algorithm changes and competitive activity.

3.2 Ad Management

• WebGator manages Google Ads and other ad platforms per agreed scope.

• WebGator is not liable for platform policy changes, suspensions, or performance issues.

• ROI, lead volume, or ad performance is not guaranteed.

3.3 Website Development & Maintenance

• WebGator works primarily on WordPress, Shopify, and Wix.

• WebGator is not responsible for third-party hosting downtime, hacks, data loss, or plugin issues unless explicitly contracted for monitoring and remediation.

• Clients are responsible for their own backups unless a specific backup service is contracted.

3.4 Hourly-Based Work

• Charged in 15-minute increments.

• Includes time spent on calls, emails, technical tasks, reporting, and strategy.

• Deliverables may vary based on the complexity of the work.

3.5 Support Limitations

• WebGator provides reasonable support but no SLA (Service Level Agreement) is implied unless separately agreed.

4. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

• WebGator is not liable for indirect, incidental, or consequential losses.

• WebGator is not responsible for loss of rankings, revenue, or business due to website downtime, Google/Facebook policy actions, or third-party system failures.

• WebGator’s total aggregate liability in any 12-month period is limited to the amount paid by the Client for Services in that period.

5. NO GUARANTEES

Client acknowledges that WebGator does not and cannot guarantee:

• Search engine rankings or traffic volumes.

• Advertising results or ROI.

• Uptime, performance, or security of third-party platforms.

• Recovery from manual or algorithmic search penalties.

6. PAYMENT TERMS

• Payment is required in advance unless otherwise agreed.

• Recurring Plans are billed monthly.

• Hourly Packages expire after the stated time period (e.g. 1 or 6 months).

• No refunds for unused hours unless required by law.

• WebGator reserves the right to suspend services for late or missed payments.

7. PRICING POLICY

• WebGator reviews its standard hourly rate annually (adjusted on 1 July each year).

• Fixed-price Plans retain their fee, but included hours are adjusted annually based on the updated hourly rate.

• Clients will be notified 30 days in advance of significant pricing changes.

• Any additional out-of-scope work or third-party costs (e.g. backlink fees, premium tools) will be quoted and billed separately.

8. TERMINATION

• Either party may terminate services with 30 days’ written notice.

• If a minimum term applies, remaining fees are payable in full.

• WebGator reserves the right to terminate services immediately in cases of breach, non-payment, or misconduct.

9. INDEMNITY

• Client agrees to indemnify and hold harmless WebGator and its team against any third-party claims, damages, or liabilities resulting from:

  • The Client’s misuse of services

  • Breach of this Agreement

  • Misrepresentation of data provided

10. GOVERNING LAW

This Agreement is governed by the laws of Queensland, Australia.

Questions or Concerns? Contact us at: info@webgator.com.au

By engaging our services, the Client acknowledges and accepts these Terms & Conditions.