WebGator Australia – Terms & Conditions
Last updated: 30 June 2026
1. Interpretation & Definitions
In this agreement:
- “WebGator” means WebGator Australia, an Australian business partnership trading under ABN 45 636 245 426.
- “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
Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Australian Consumer Law that cannot lawfully be excluded. Where our liability for breach of a non-excludable guarantee can be limited, it is limited (at our option) to re-supplying the services or paying the cost of having them re-supplied. Subject to that, and 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.
We handle any personal information you provide in accordance with our Privacy Policy.
Questions or concerns? Contact us at info@webgator.com.au.
By engaging our services, the Client acknowledges and accepts these Terms & Conditions.