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Terms & Conditions

ReadyAim.Digital — ABN 70 710 322 317Last modified: 11 June 2026Published: 1 August 2022

GENERAL

1.1 The Website is owned and operated by ReadyAim.Digital (ABN 70 710 322 317), together with its personnel, contractors and agents and its successors and permitted assigns (collectively referred to as “Provider,” “us,” “we,” or “our”).

  1. any persons viewing or otherwise accessing the Website (“Visitor”);
  2. any persons supplying personal information (including name and email address) to the Provider through or in connection with the Website, whether by way of the Provider’s registration, contact, or request forms or otherwise (“Registered User”); and
  3. any persons provided with an individual account (“Account”) for the management of services purchased from the Provider (“Client”).

All categories of users are collectively referred to as “Users,” “you,” or “your” in these Terms and Conditions (T&C).

1.2 The terms and conditions set forth below, the Privacy Policy, and any other terms and conditions, notices, and disclaimers displayed elsewhere on the Website apply to all categories of users.

1.3 By becoming a User, you hereby acknowledge and agree to be bound by the T&C. This version represents the most current version of the T&C and, together with the Privacy Policy and any service agreement, service schedule or invoice the Provider issues to you, sets out the terms governing the supply of services. If there is any inconsistency, a signed or expressly accepted service agreement or service schedule prevails over these T&C to the extent of the inconsistency.

1.4 Where the Provider issues a proposal, service agreement, service schedule, or invoice that references these T&C, payment of the corresponding invoice (in whole or in part) constitutes the Client’s acceptance of these T&C and of any service schedule or agreement so referenced, without the need for signature. Each such proposal, agreement, schedule or invoice will identify the current version and date of these T&C and include a link to them. For higher-value work, the Provider may also retain a signed or expressly accepted proposal as the primary record of acceptance.

1.5 Nothing in these T&C excludes, restricts or modifies any consumer guarantee, right, remedy or other protection that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law (“ACL”). Any exclusion, limitation, refund policy, suspension right or warranty disclaimer in these T&C applies only to the maximum extent permitted by law and is subject to these non-excludable rights.

DEFINITIONS

1.6 In these T&C, unless the context requires otherwise:

  1. “Services” means all services supplied by the Provider under these T&C and under any service agreement, service schedule, proposal or invoice, including the Design & Development Services (clause 10), the hosting services (clause 11), and the website maintenance or care plan service (the “Service” in clause 12.1.1), whether supplied individually or in combination;
  2. “Service” (singular) means the website maintenance and support offering described in clause 12.1.1;
  3. “Deliverables”, “Background and Third-Party Materials”, “Website Content”, “User Content”, “Client Data”, “Registration Data” and “Marks” have the meanings given to them where those terms first appear in these T&C; and
  4. a reference to “the Provider” includes its personnel, contractors and agents, and its successors and permitted assigns.

ELIGIBILITY

2.1 In consideration of your becoming a User, you represent and warrant that:

  1. you are 18 years of age or older;
  2. you have the capacity to form a binding contract;
  3. you are not a person barred from accessing or using the Website under the governing laws of the T&C; and
  4. your access or use of the Website does not violate any applicable law or regulation.

DESCRIPTION OF THE WEBSITE

3.1 The Website provides the following information, content, resources, and other materials (collectively, “Website Content”):

  1. various information on the Provider, its products and services, contact details, and management team;
  2. various submission or request forms for enabling Users to pursue their inquiries with the Provider;
  3. articles on general topics of interest;
  4. FAQ section; and
  5. where made available from time to time, a Manage My Account section enabling Clients to manage, update, and revise their Account details and/or services purchased from the Provider.

3.2 The Website Content may also include other Provider communications such as service announcements and administrative messages communicated to Registered Users and Clients, and they are considered part of the terms of registration of the Website and service, respectively.

3.3 Unless explicitly stated otherwise, any new Website Content, features, or applications offered or made available from time to time by the Provider through or in connection with the Website shall be subject to the T&C.

WEBSITE ACCESS AND USE

4.1 In accessing and using the Website or any Website Content, you expressly acknowledge and agree that:

  1. the Website is offered, supplied, and provided on an “as-is” and “as available” basis, and the Provider assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any User communications or personalised settings;
  2. you understand that the Website may include software (“Software”) and security components that permit digital materials to be protected, and that your access and use of the Website are subject to Software usage rules set by the Provider and/or owners of proprietary Software. The Provider makes no warranty that any errors in the Software will be corrected;
  3. you are responsible for obtaining access to the Website and that access may involve third-party fees. You are responsible for those fees and must provide and be responsible for all equipment necessary to access the Website;
  4. you may not:
    1. forge headers or otherwise manipulate identifiers to disguise the origin of any content or data transmitted through the Website;
    2. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real-time exchanges;
    3. interfere with or disrupt the Website or servers or networks connected to the Website or disobey any requirements, procedures, policies, or regulations of networks connected thereof;
    4. take any action that places an unusually large load on the infrastructure of the Website or bandwidth connecting to the Website, or take any action that includes the use of any data accumulation tool, robot, or spider to compile, disseminate, extract, process, monitor, or copy any web pages;
    5. intentionally or unintentionally violate any applicable local, State, Territory, Commonwealth or international law; and
    6. attempt to override or circumvent any of the usage rules embedded into the Software or those provided herein.
  5. subject to Clause 9, any material downloaded or obtained through the Website is done at your own discretion and risk. You will solely be responsible for any damage to your computer system or loss of data that results from the download.

WEBSITE CONTENT

5.0 This clause 5 is subject to clauses 1.5, 8.0 and 9 (Limitation of Liability), and does not exclude, restrict or modify any consumer guarantee, right or remedy that cannot be excluded under the Australian Consumer Law.

5.1 In viewing the Website Content displayed on the Website, you expressly acknowledge and agree that:

  1. all Website Content compiled by the Provider and all other information and materials posted on the Website or communicated to you from time to time by the Provider are provided for guidance or as reference tools only;
  2. NO advice relating to the subject matter of such Website Content is understood to be given to you by the Provider;
  3. subject to clauses 9, 13 and 1.5, and to the maximum extent permitted by law, the Provider is not liable for any errors or omissions in Website Content, or for any loss or damage arising from your use of or reliance on Website Content, which is provided for general guidance and reference only. Nothing in this clause excludes, restricts or modifies any consumer guarantee or other right or remedy that cannot be excluded under the Australian Consumer Law;
  4. the Website Content may be subject to change without notice and does not take into account your objectives, personal or commercial situation, requirements or needs, or any statutory obligations or requirements;
  5. to the maximum extent permitted by law, and subject to clause 1.5 and any non-excludable consumer guarantees under the Australian Consumer Law, the Provider gives no warranties (express or implied) as to the quality, accuracy, fitness for a particular purpose, or correspondence with description of any Website Content displayed on the Website; and
  6. no advice or information obtained by you from the Provider or through the Website shall create any warranty not expressly stated in the T&C.

DATA AND CONTENT INPUT

6.1 For the purposes of this Clause, “User Content” means any and all:

  1. personal information provided by you in a registration, subscription, or request form (“Registration Data”);
  2. other data or materials you upload, post, email, transmit, or otherwise make available through or in connection with the Website.

6.2 User Content shall also include any personal or business information provided, revised, or updated by a Client through or in connection with the Client’s Account (“Client Data”).

6.3 You expressly acknowledge, agree, and warrant that:

  1. you are solely and entirely responsible for your User Content;
  2. all Registration Data or Client Data submitted by you to the Provider through or in connection with the Website is true, accurate, and current;
  3. you shall update any changes to your Registration Data or Client Data as soon as practicable; and
  4. you shall not upload, post, email, transmit, or otherwise make available through or in connection with the Website any User Content that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, pornographic, obscene, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
    2. you do not have a right to make available under any law or under contractual or fiduciary relationships;
    3. infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    4. comprises unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    5. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or
    6. purports to impersonate any other person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.

6.4 You also expressly acknowledge, agree, and warrant that the Provider:

  1. shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content made available by you through or in connection with the Website or your Account (if applicable);
  2. may access and preserve User Content as reasonably necessary to provide, operate, support and secure the Services and to respond to a support request or enquiry made by you under clause 12.5 (Support Tickets) or clause 22 (Communications). The Provider may disclose User Content only where: (i) required or authorised by an Australian law or a court or tribunal order, or reasonably necessary to comply with legal process; (ii) the Provider reasonably believes it is reasonably necessary for an enforcement-related activity by or on behalf of an enforcement body; or (iii) the Provider reasonably believes it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual or to public health or safety. To the extent User Content includes personal information, the Provider will access, preserve and disclose it only in accordance with the Privacy Act 1988 (Cth), the Australian Privacy Principles and the Privacy Policy.

6.5 You understand that the technical processing and transmission of all User Content submitted or posted by you may involve transmissions over various networks and changes to conform and adapt to technical requirements.

6.6 The Provider does not claim ownership of any User Content you submit or upload through or in connection with the Website. You grant the Provider a non-exclusive, royalty-free licence to use, copy, store, modify and display User Content (excluding personal information, which is handled in accordance with the Privacy Policy) only as reasonably necessary to provide, host, maintain, support and improve the Services, and to display approved work in the Provider’s portfolio and marketing. This licence does not permit the Provider to sell User Content or to disclose confidential information, except as authorised by you, required by law, or described in the Privacy Policy.

CLIENT ACCOUNT

7.1 As a Client, you may be required to create an Account when services are first purchased by you. Accordingly, you will be given an Account designation by the Provider and will receive a password from the Provider.

7.2 You expressly acknowledge, agree, and warrant that:

  1. you are responsible for maintaining the confidentiality of the Account and are fully responsible for all activities that occur under the same;
  2. you will keep secure any passwords used with the Account;
  3. you will not reveal to any persons any administration tools contained in the Account, except on a “need to know” basis;
  4. you will immediately notify the Provider of any unauthorised use of the Account or passwords or any other breach of security;
  5. you will ensure that you or your authorised users log out from the Account at the end of each session; and
  6. you will keep all contact details current and updated. Any notification affecting the Provider’s services will be made to the contact details kept in the Account.

7.3 The Provider shall not be liable for any loss or damage arising from your failure to comply with this Clause.

OUR PRODUCTS & SERVICES

DISCLAIMER OF WARRANTIES

8.0 The warranty disclaimers in this clause 8 are subject to clause 9 (Limitation of Liability) and clause 1.5, and do not exclude, restrict or modify any guarantee, right or remedy that cannot be excluded under the Australian Consumer Law.

8.1 To the maximum extent permitted by law, and subject to clauses 8.0, 9 and 1.5, the Provider does not warrant that the Services will be uninterrupted, error-free, secure, or available at all times, or that any results will meet the Client’s requirements. Nothing in this clause 8 excludes, restricts or modifies the consumer guarantees under the Australian Consumer Law, including that services will be rendered with due care and skill (s60) and will be reasonably fit for any purpose the Client makes known (s61). Where the Provider may lawfully limit its liability for failure to comply with such a guarantee, and the Services are not of a kind ordinarily acquired for personal, domestic or household use, its liability is limited under clause 9.3 to resupplying the Services or paying the cost of resupply.

8.2 To the maximum extent permitted by law, the Provider does not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components, and any reliance on the Service is at the Client’s own risk. Nothing in this clause limits the Provider’s obligations under the Privacy Act 1988 (Cth) and the Australian Privacy Principles to take reasonable steps to protect personal information (APP 11), or its obligation under the Australian Consumer Law to supply the Services with due care and skill. The Provider will take reasonable steps to maintain the security of the Services and of any personal information it holds.

8.3 The Provider makes no guarantees or representations regarding the results that may be obtained from the use of the Service, including the success or effectiveness of any website maintenance or support activities.

LIMITATION OF LIABILITY

9.0A Nothing in this clause 9 excludes, restricts or modifies the Provider’s liability for death or personal injury caused by its negligence, for fraud, or for any liability that cannot lawfully be excluded (including under the Australian Consumer Law).

9.1 To the maximum extent permitted by law, the Provider excludes all liability for any indirect, incidental, special or consequential loss, including (without limitation) loss of profits, revenue, business, goodwill, opportunity, anticipated savings, business interruption, loss of data, or other intangible loss, arising out of or in connection with the Services, the Website, or these Terms (whether in contract, tort including negligence, under statute (other than liability that cannot lawfully be excluded, restricted or modified) or otherwise).

9.2 To the maximum extent permitted by law, the Provider’s total aggregate liability to the Client for any claim arising out of or in connection with the Services, the Website, or these Terms (whether in contract, warranty, tort including negligence, under statute or otherwise) is limited to the amount paid by the Client for the Services in the twelve (12) months preceding the event giving rise to the liability. This cap does not apply to, and the Provider does not limit, its liability for: (a) death or personal injury caused by the Provider’s negligence; (b) the Provider’s fraud; or (c) failure to comply with a consumer guarantee in respect of services of a kind ordinarily acquired for personal, domestic or household use. For services not of that kind, the Provider’s liability for failure to comply with an applicable consumer guarantee is limited under clause 9.3 to resupply or the cost of resupply. Where the claimant has paid no fees to the Provider in the twelve (12) months preceding the event (including a Visitor or Registered User), the Provider’s total aggregate liability is limited to AUD $100.

9.3 Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot be excluded, restricted or modified by law (including under the Australian Consumer Law). To the extent the law requires the Provider to provide a remedy, the Provider’s liability is limited (at its option and to the extent permitted by law) to resupplying the services or paying the cost of having the services resupplied.

9.4 This clause 9 is the master limitation of liability and applies to all Services and to the Website. To the extent of any inconsistency, this clause 9 prevails over any other limitation, exclusion, disclaimer, “no refund” or “sole remedy” statement elsewhere in these T&C.

WEBSITE DESIGN & DEVELOPMENT

10.1 The Provider offers website design and development services (“Design & Development Services”) to Clients. These services include, but are not limited to, the creation and customisation of website designs, development of website functionalities, and integration of third-party tools and platforms.

10.2 The Design & Development Services may require the submission of project requirements, specifications, and other relevant materials by the Client. The Provider will make reasonable efforts to meet the agreed-upon specifications and deliver the completed website within the agreed-upon timeframe. Agreed timeframes assume the Client provides required input, content, approvals and access promptly. Timeframes will be extended to the extent the Client delays input, approvals or access, requests changes to scope, or where a third-party service or platform causes delay.

10.3 The Client acknowledges and agrees that the final design and functionality of the website may vary from initial concepts or mock-ups due to technical limitations, compatibility issues, or other factors. The Provider will work closely with the Client to address any reasonable revisions or modifications during the development process.

10.4 Upon full payment for the Design & Development Services, the Client owns the final project deliverables specifically created for the Client (the “Deliverables”), including the completed website’s design elements and source code created for the Client. This transfer does not include the Provider’s pre-existing materials, processes, know-how, reusable code, templates, tools, plugins, third-party materials, open-source components or licensed software (together, “Background and Third-Party Materials”). To the extent any Background and Third-Party Materials are embedded in or required to operate the Deliverables, the Provider grants the Client a non-exclusive, perpetual licence to use them as reasonably required to operate the Deliverables, subject to any applicable third-party or open-source licence terms. The Provider transfers or licenses only those rights it is lawfully able to transfer or license.

10.5 The Client is responsible for providing accurate and up-to-date content, materials, and necessary permissions for the website. The Provider will not be held liable for any copyright infringements, inaccurate information, or legal disputes arising from the content provided by the Client.

10.6 The Client agrees to review and test the completed website promptly upon delivery. Any defects, errors, or issues should be reported to the Provider within a reasonable timeframe. The Provider will make reasonable efforts to address and rectify any reported issues within a mutually agreed-upon timeframe.

HOSTING

11.1 Purpose of Services

11.2 Hosting services provided by the Provider are primarily intended for the purpose of hosting websites and email. Hosting services are not permitted for batch processing, video encoding/transcoding, web crawling/spidering, archiving, online backup systems, or any system unrelated to website hosting, unless explicitly agreed upon in writing for a dedicated server. The Provider reserves the right to take proactive action to maintain the stability of its systems for all Clients.

11.3 Suitability of Hosting Environment

11.4 Managed Hosting: the Provider does not actively impose limitations on disk space or bandwidth for managed hosting. However, in order to ensure system stability, resource usage may be limited to prevent any single Client from adversely affecting others on shared servers.

11.5 Dedicated Servers: The resources available for dedicated servers are defined by the package purchased by the Client.

11.6 “Unlimited” Allowances

11.7 Any “unlimited” allowances are subject to fair use. If a Client exceeds the monthly bandwidth or disk space deemed excessive in comparison to the average usage by other Clients on our platform, the Provider may advise the Client to improve website efficiency, configure a CDN (Content Delivery Network), or upgrade to a bespoke solution. Before charging for or restricting excessive usage, the Provider will notify the Client, provide reasonable detail of the usage, and offer options (such as efficiency improvements, configuring a CDN, or upgrading) together with a reasonable opportunity to remedy. Charges for excess usage apply only as set out in writing.

11.8 Service Needs

11.9 If the Provider determines that the selected or purchased service does not meet the Client’s needs, the Client will be informed and advised on the appropriate service. The Provider is not obligated to continue providing hosting services that are inadequate or unsuitable for the Client’s needs. Where the Provider reasonably determines the purchased service is unsuitable and recommends moving the Client to a more appropriate service or provider (an “account move”), and the Client does not reasonably cooperate within a reasonable period after written notice (not less than 14 days), the Provider may suspend or terminate the affected hosting service in accordance with clause 19, subject to clause 19.1.1, clauses 12A.6 and 12A.7, clause 1.5, and the Client’s non-excludable rights under the Australian Consumer Law. The Provider will not withhold or retain data or property owned by the Client contrary to those clauses.

11.10 Migration Service

11.11 The Provider offers a free migration service to assist in transferring websites from the Client’s previous provider to the Provider. This migration service is provided as a best-effort service. While reasonable care will be taken to move site files and data, it is the Client’s responsibility to provide suitable access for data retrieval and verify the successful migration of the site. Migration of emails, DNS records, and domain names may be possible but cannot be guaranteed without interruption.

11.12 Changes to the Hosting Environment

11.13 The Provider reserves the right to change the hosting environment in which the Client’s website runs under the following circumstances:

  1. To reflect changes in relevant laws and regulatory requirements.
  2. To implement minor technical adjustments and improvements, such as addressing security threats.

11.14 These changes will be made on a “like for like” basis and will not affect the Client’s use of the hosting environment. Material changes to the website hosting environment will only occur to provide an “upgrade.” The Client will be notified in writing of any changes made to the hosting environment.

11.15 Upstream Providers

11.16 The Client must agree to the terms of the Provider’s upstream providers, with emphasis on their terms of export law. The Provider has made an effort to incorporate all relevant terms of its upstream providers into this agreement.

11.17 CDN and Bandwidth Usage

11.17.1 In locations where bandwidth prices are high due to a relative lack of connectivity or fluctuations (e.g., the Middle East), the Provider may require the Client to use a CDN service provided by the Provider. A CDN service distributes worldwide traffic, improving page load speed and reducing bandwidth usage from the source server. The Provider will reasonably assist with the setup.

11.18 No Guarantee

11.18.1 The Provider does not guarantee the defence of Client websites from denial of service attacks unless specifically offered and agreed upon. Clients who anticipate being a target of DDoS attacks should consider purchasing a DDoS mitigation service from a third-party provider, such as Cloudflare.

11.19 Service Uptime

11.19.1 The Provider targets 99.9% service uptime, excluding planned or emergency server maintenance and conditions beyond its reasonable control. This is a target only and is not a guarantee or binding service level commitment unless a separate service level agreement is agreed in writing. The Provider will use commercially reasonable efforts to notify Clients of planned maintenance through the status page (and, where maintenance is expected to last longer than 30 minutes, by email), to respond promptly to server problems, and to keep affected Clients informed of the issue and an estimated resolution timeframe.

11.20 Backups

11.20.1 The Provider aims to take daily backups of Client websites and store them offsite. For Clients in Australia, the Provider will use reasonable efforts to keep backups within Australia. Where backups or other Client data containing personal information are stored or processed outside Australia, the Provider will comply with Australian Privacy Principle 8 and take such steps as are reasonable to ensure the overseas recipient handles the information in accordance with the Australian Privacy Principles. The Privacy Policy sets out the countries in which Client data may be stored or, where these cannot be practicably specified, the categories of such countries. Non-fundamental files, such as error logs, cPanel backups, and cache files, may be excluded from backups. Backups are provided as a disaster-recovery convenience on a best-effort basis. They are not warranted for completeness, regularity or restorability, are not a substitute for the Client maintaining its own backups, and no specific restore point is guaranteed unless agreed in a paid service level agreement. It is the Client’s responsibility to maintain its own backups of its website.

11.21 Disruption to Services

11.21.1 The Provider is not responsible for disruptions to services caused by events outside its control. While every effort is made to select providers offering a high level of performance and uptime, disruptions caused by events outside the Provider’s control will be promptly communicated to the Client, and steps will be taken to minimise the impact. The Provider will not be liable for disruptions caused by such events. The Provider will not be responsible for network or hardware issues upstream of its systems, such as issues with AWS or other providers.

WEBSITE MAINTENANCE – MONTHLY PLANS

12.1 Purpose of Services

12.1.1 The Provider provides an online service that offers support to website managers and owners (referred to as the “Service”).

12.1.2 The Service may experience sporadic interruptions due to technical problems, maintenance works, restore processes, or other reasons beyond the Provider’s control.

12.1.3 The Provider may temporarily interrupt or suspend the Service where reasonably necessary to address a critical security vulnerability, urgent maintenance, or a legal or infrastructure risk. The Provider will give as much prior notice as is reasonably practicable and, where prior notice is not practicable, notice as soon as reasonably possible afterwards. Any interruption will be limited to the extent reasonably necessary, and the Service will be restored promptly. Where an interruption materially deprives the Client of the Service for an extended period, the Client is entitled to a pro-rata credit or refund for the affected period. Nothing in this clause limits the Client’s non-excludable rights under the Australian Consumer Law.

12.2 Registration Process

12.2.1 To use the Service, creating a personal account on the Provider’s website is required. This involves choosing a username, a password, and providing further information.

12.2.2 The submitted information must be accurate and kept up to date.

12.2.3 The authentication process is part of the normal security and authentication procedures to ensure the safety of Clients. It verifies the Client’s genuine interest in registering or activating the Service.

12.2.4 Registered users must keep their access codes secure and not share them with anyone. Compromised access codes should be promptly reported to the Provider, which will deactivate them.

12.2.5 Disclosing access codes to unauthorised third parties may result in unauthorised access to the website and/or the Service.

12.2.6 The Client is solely responsible for all activities conducted using their account.

12.2.7 The Provider’s Services are available to companies and individuals who are 18 years old or above.

12.3 Payment Procedure

12.3.1 Payment for the Service is to be made in advance, including any applicable taxes.

12.3.2 The Client is responsible for the timely payment of the Provider’s Service.

12.3.3 The Provider may change the price of services. For ongoing Services, a price increase will take effect only from the next billing period or renewal after the Provider gives the Client written notice, and the Client may cancel the affected Service before the increase takes effect. A price change does not affect fees already paid for the current billing period.

12.3.4 The Provider is not liable to refund any payments if prices decrease or if offers or packages are altered after payment has been made.

12.3.5 The Provider does not handle or store Clients’ payment details (e.g., credit card numbers). This data is kept with the payment service providers.

12.3.6 The payment process involves transferring protected and encrypted data directly to the payment gateway. The payment service provider communicates the result of the transaction to the Provider only when the transaction is completed. The Provider may apply limitations and exclusions to the means of payment available for the Client for safety reasons.

12.3.7 The Provider reserves the right to reject orders if the provided personal data and/or payment data are not genuine, if there has been a past breach towards the Provider, or if the Client has exceeded spending limits.

12.3.8 The Provider performs necessary checks to control illegal activities and reserves the right to take action against those engaged in online fraud.

12.4 Limits of Liability

12.4.0 This clause 12.4 is subject to clause 9 (which is the master limitation of liability), clause 1.5 and the Client’s non-excludable rights under the Australian Consumer Law.

12.4.1 To the maximum extent permitted by law, the Provider is not liable for indirect or consequential loss suffered by the Client, its partners, agents, employees, or collaborators in connection with the Service provided.

12.4.2 To the maximum extent permitted by law, the Provider’s liability for loss of profit, inability to use the Service, or other indirect loss is excluded and, where such liability cannot be excluded, is limited in accordance with clause 9.

12.4.3 The Provider is not responsible for the consequences of the illegitimate use of data provided by the Client. It cannot guarantee uninterrupted or error-free operation of the Provider’s website.

12.4.4 Temporary technical malfunctions or interruptions of the Provider’s website that momentarily prevent the use of the Service do not entitle the Client to a refund, except to the extent required by law.

12.4.5 The Provider’s website may contain links to third-party websites. The Provider is not responsible for the accessibility and content of these links or for any consequences of using the linked content.

12.4.6 Subject to clause 9 and the Client’s non-excludable rights under the Australian Consumer Law, the Client’s primary remedy for any alleged fault in the Service is cancellation of the subscribed Service, together with any refund calculated in accordance with these T&C.

12.5 Support Tickets

12.5.1 Support requests, also known as tickets, that fall within the following categories are within the scope of a standard maintenance or care plan. The Provider will render those services with due care and skill and will use reasonable efforts to address each request, but does not guarantee any particular result or outcome, consistent with clause 8.3:

  1. Problems with the website interface, including HTML, CSS, and Javascript.
  2. Requests for modifications of style elements on the page using CSS.
  3. Requests for content additions and modifications of images.
  4. Requests for creating basic graphic elements such as buttons, menus, and newsletter forms.
  5. Requests for WordPress consultations, support, and consultancy.
  6. Requests for WordPress advice on how to accomplish specific tasks.
  7. Themes and plugins checks to ensure compatibility and functionality.
  8. Installation and setup of plugins.
  9. Backup and restoration of your WordPress website.
  10. Website performance optimisation activities (no specific performance result guaranteed).
  11. SEO (Search Engine Optimisation) advice and suggestions (search ranking and visibility outcomes are not guaranteed).

12.5.2 Examples of requests that fall outside the standard plan allowance unless separately quoted include:

  1. Change of the website theme.
  2. Creation of landing pages.
  3. Customisation of plugins.
  4. Customisation of the website theme.
  5. Marketing activities such as advertising campaigns or promotional strategies.
  6. Full-scale SEO services beyond basic suggestions or optimisation.

12.5.3 Clients who are unsure whether their support request falls within the listed topics can submit a ticket to inquire about its acceptance.

12.6 Cancellation of the Service

12.6.1 Either party may cancel or end the Service in accordance with this clause 12.6 and clause 19. The Provider may suspend or interrupt the Service only in accordance with clause 12A (suspension for non-payment, on notice), clause 12.1.3 (interruption for critical vulnerabilities and urgent risks), and clause 19.1.1. The Provider has no general right to interrupt or suspend the Service without notice.

12.6.2 The Provider aims to maintain a positive working relationship with Clients. Dissatisfaction alone is not a ground for termination under these T&C; cancellation and termination are governed by this clause 12.6 and clause 19.

12.6.3 The Provider has a zero-tolerance policy towards aggressive communication, insults, and discrimination.

12.6.4 Clients can discontinue the Service by writing an email to support@readyaim.digital.

12.6.5 Prepaid subscription fees are not refundable for change of mind or early cancellation, except as stated in the applicable service agreement or service schedule, or as required by law (including the Australian Consumer Law). Refunds for project-based work are governed by clause 20.

NON-PAYMENT, SUSPENSION AND WITHHOLDING

12A.1 This clause applies to all Services provided by the Provider, including website design and development, hosting, and monthly maintenance or care plans.

12A.2 Unless otherwise stated on the invoice or agreed in writing, all invoices issued by the Provider are due and payable within fourteen (14) days of the date of issue.

12A.3 If any undisputed invoice remains unpaid fourteen (14) days after its due date, the Provider may, on seven (7) days’ written notice to the Client:

  1. suspend the provision of any or all Services; and/or
  2. decline to commence or complete any handover, migration, or release of deliverables, credentials, files, or access under the Provider’s control (including hosting accounts, content management systems, DNS records, and access to third-party platforms),

until all outstanding amounts have been paid in full.

12A.4 Suspension of the Services does not relieve the Client of the obligation to pay fees for Services already provided, or fees that accrue during any applicable notice period.

12A.5 The Provider will restore suspended Services and complete any requested handover promptly, and in any event within five (5) business days, after receipt of payment in full of all outstanding amounts.

12A.6 Nothing in this clause entitles the Provider to withhold or retain property owned by the Client beyond what is reasonably necessary to secure payment of outstanding amounts, and nothing in this clause excludes, restricts, or modifies any rights the Client may have under the Australian Consumer Law.

12A.7 Any suspension or withholding under this clause is limited to deliverables and access under the Provider’s control and only to the extent reasonably necessary to secure payment. The Provider will not suspend or withhold access where doing so would be unlawful or unsafe, will preserve any access reasonably required for emergency, legal or security reasons, and will not withhold access to accounts or credentials owned by the Client and held with a third party where the relevant amount is disputed by the Client in good faith.

12A.8 Clauses 12A.1 to 12A.7 apply to Services provided, and invoices issued, on or after the date this clause is first published in these T&C. Services provided and amounts invoiced before that date continue to be governed by the terms in force at the relevant time.

EXCLUSION OF LIABILITY

13.1 Limitation of Liability

13.1.1 To the maximum extent permitted by law, the Provider excludes all liability for any indirect, incidental, special or consequential loss, or loss of profit, revenue, goodwill, opportunity, business interruption, data loss, or other intangible loss, arising out of or in connection with your access to, use of, or reliance on the Website or Website Content.

13.1.2 To the maximum extent permitted by law, the Provider’s total liability to you for any claim arising out of or in connection with the Website or Website Content (whether in contract, tort including negligence, under statute (other than liability that cannot lawfully be excluded, restricted or modified) or otherwise) is limited in accordance with clause 9 (Limitation of Liability).

13.1.3 Nothing in these Terms limits or excludes any rights, remedies, guarantees or warranties that cannot be limited or excluded by law (including under the Australian Consumer Law). To the extent the Provider is required by law to provide a remedy, the Provider’s liability is limited (at the Provider’s option) to resupplying the services or paying the cost of having the services resupplied, to the extent permitted by law.

13.1.4 Without limiting the above, the Provider is not liable for loss or damage arising from: (a) your inability to access the Website, or interruptions, outages or delays; (b) unauthorised access to, or alteration of, your transmissions or data; (c) any third-party content, links, plugins, hosting services, platforms, or systems not controlled by the Provider; or (d) your reliance on the Website Content as professional advice.

INDEMNITY

14.1 Indemnification

14.1.1 To the maximum extent permitted by law, and subject to clauses 1.5 and 9, you indemnify the Provider and its personnel, contractors and agents (each an “Indemnified Party”) against liability, loss, damage and reasonable legal costs reasonably incurred in connection with a third-party claim to the extent caused by your:

  1. breach of these T&C;
  2. unlawful or negligent act or omission; or
  3. infringement of a third party’s rights.

14.1.2 Your liability under clause 14.1.1 is reduced proportionately to the extent the relevant loss was caused or contributed to by an Indemnified Party, including by the Provider’s negligence, breach of these T&C, or breach of a non-excludable consumer guarantee under the Australian Consumer Law.

14.1.3 This clause 14 is subject to clause 9 (including the cap in clause 9.2), clause 1.5, and your non-excludable rights under the Australian Consumer Law. This indemnity does not extend to indirect or consequential loss.

14.1.4 As a condition of the indemnity, the Provider must promptly notify you of the relevant claim, must not settle it without your consent (not to be unreasonably withheld), must allow you to participate in (and, if you elect and fund it, assume conduct of) the defence of the claim, and must take reasonable steps to mitigate the loss.

PROPRIETARY RIGHTS

15.1 Copyright Ownership

15.1.1 All copyright on the Website or embodied in any Website Content displayed on the Website is owned by the Provider or its proprietary holders, and you are required to abide by all copyright notices contained on the Website.

15.2 Restrictions on Use

15.2.1 Except to the extent otherwise specifically authorised by the Provider and/or the proprietary holders:

  1. You may not copy, modify, translate, publicise, reproduce, exploit, broadcast, transmit, distribute, perform, display, or sell any of, or any portion of, any or all Website Content of the Website, or create any derivative works thereof. You may not use any of the Website Content in connection with any commercial endeavours, whether in whole or in part.
  2. You may only retrieve and display any Website Content on a computer screen, print individual pages on paper, photocopy and store such pages in electronic form on a disc (but not on any server or other storage device connected to a network) solely for your personal use.
  3. You may not alter the text, graphics, images, audiovisual, or any other materials contained on the Website or embodied in any Website Content.

15.3 Prohibited Actions

15.3.1 Any unauthorised reproduction, publication, further distribution, or public exhibition of the Website or all Website Content contained therein, in whole or in part, is strictly prohibited.

15.4 Trademarks

15.4.1 Additionally, the Website domain name, the Provider’s name, logo, other names, and logos of the Provider as may be created, produced, or used from time to time (“Marks”) are trademarks or registered trademarks of the Provider and its affiliated companies. Without express and written prior permission, you agree not to display or use the Marks in any manner for any purpose whatsoever.

SPECIAL ADMONITION FOR INTERNATIONAL USE

16.1 Operated from Australia

16.1.1 The Website and Services are operated from Australia and are primarily intended for Clients and Users in Australia. The Provider may accept enquiries from, and provide Services to, Clients located outside Australia.

16.2 Responsibility for Compliance

16.2.1 If you access the Website or receive Services from outside Australia, you are responsible for complying with the laws applicable in your own jurisdiction.

16.2.2 These T&C are governed by the laws of New South Wales, Australia and are subject to the Governing Law and Jurisdiction clauses below, and to any non-excludable rights or protections available to you under applicable local law.

GENERAL PRACTICES REGARDING USE AND STORAGE

17.1 Establishment of General Practices and Limits

17.1.1 You expressly acknowledge and agree that:

  1. The Provider may establish general practices and limits concerning the use of the Website. These practices and limits may include, but are not limited to, the maximum number of days and months that any data submitted by you will be retained by the Website, the maximum amount of information that may be submitted by you, and the maximum number of times and the maximum duration for which you may access any Website Content on the Website or your Account (where applicable) in a given period of time.
  2. The Provider has no responsibility or liability for the deletion or failure to store any descriptions, work, portfolio, profile, or other information or communication posted by you or obtained or procured from or through the use of the Website.
  3. The Provider reserves the right to modify these general practices and limits from time to time.

MODIFICATIONS TO THE WEBSITE, WEBSITE CONTENT, AND T&C

18.1 Modification or Discontinuance of the Website

18.1.1 The Provider reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website or any part thereof. This includes the provision of any Website Content, with or without notice to you.

18.1.2 Subject to clauses 1.5, 9 and 18.1.3, you agree that the Provider shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website or any part thereof.

18.1.3 This clause 18.1 applies only to the public Website and its general Website Content. It does not permit the Provider to suspend, discontinue or materially degrade any paid Service supplied to a Client (including hosting, maintenance or care plans, and access to a Client’s Manage My Account section) except in accordance with clauses 12A, 19.1.1 and 18.2.5. Where the Provider permanently discontinues a paid Service otherwise than for the Client’s uncured breach, it will give at least 30 days’ written notice and refund, on a pro-rata basis, any fees prepaid for the undelivered period.

18.2 Amendments to the T&C

18.2.1 Subject to clause 18.2.5 (which prevails for Clients with active ongoing Services), the Provider may amend these T&C as they apply to general Website use, and to changes affecting only the public Website rather than a Client’s ongoing Services, by posting an updated version.

18.2.2 The most current version of the T&C, as posted on this page, shall supersede all previous versions.

18.2.3 For general Website use, it is your responsibility to regularly check for a new version of the T&C, and if you do not agree to a revision you must stop using the Website. For Clients with active ongoing Services, clause 18.2.5 applies.

18.2.4 You agree that the Provider shall not be liable to you or any third party for any such modification, suspension, or discontinuance of the Website or amendments to the T&C.

18.2.5 Notwithstanding clauses 18.2.1 to 18.2.4, for Clients with active ongoing Services (including monthly maintenance or care plans and hosting), amendments to these T&C take effect thirty (30) days after the Provider gives written notice of the amendment to the Client. If the Client does not accept an amendment, the Client may terminate the affected Service by written notice given before the amendment takes effect, in which case the unamended T&C apply until termination.

18.3 Acceptance of Modified T&C

18.3.1 Your continued use of the Website after such modifications or amendments shall constitute an acceptance of your agreement to be bound by the T&C, as amended.

SUSPENSION AND TERMINATION

19.1 Suspension and Termination of Access

19.1.1 The Provider may suspend or terminate your access to the Website, and remove associated User Content (including profiles, works, information, or contact details), without prior notice only where reasonably necessary to address an urgent legal, security or infrastructure risk, or misuse of the Website or Services. For non-payment and other ordinary breaches, the Provider will give notice and a reasonable opportunity to remedy in accordance with clause 12A before suspending or terminating ongoing Services.

19.1.2 The Provider reserves the right to take such actions for the reasons specified in this section.

19.2 Causes for Suspension or Termination

19.2.1 Cause for such suspension or termination may include, but is not limited to:

  1. Breaches or violations of the T&C, Privacy Policy, and/or any other agreements entered into between you and the Provider.
  2. Requests by law enforcement or other government agencies.
  3. Discontinuance of the Website or any part thereof.
  4. Unexpected technical or security issues or problems.
  5. Non-payment of any amount due to the Provider, in accordance with clause 12A (Non-Payment, Suspension and Withholding).

19.3 Discretion and Liability

19.3.1 The Provider will exercise any right of suspension or termination reasonably and in good faith, for a cause described in clause 19.2 and in accordance with clauses 19.1.1 and 12A (including any requirement to give notice and a reasonable opportunity to remedy).

19.3.2 Subject to clause 9, clause 1.5 and the Client’s non-excludable rights under the Australian Consumer Law, and to the maximum extent permitted by law, the Provider is not liable for any suspension or termination carried out in accordance with these T&C. Nothing in this clause limits the Provider’s liability for any suspension or termination that is wrongful, negligent, in breach of these T&C, or in breach of the Australian Consumer Law.

REFUNDS ON TERMINATION

20.1 Full Refund on Termination

20.1.1 The Provider offers a full (100%) refund if the Client gives written notice of termination within 15 calendar days after payment and the Provider has not yet commenced substantive design or development work. “Substantive design or development work” means chargeable production work (such as design comps, development, or content build) carried out at the Client’s request, and does not include the initial consultation, scoping or discovery call, proposal preparation, routine administration, or hosting or account setup. Where some substantive work has been performed within the 15-day period, clause 20.2 applies.

20.2 Partial Refund Policy

20.2.1 In case of termination requested after the initial 15 calendar days, the Provider reserves the right to provide a partial refund.

20.2.2 The partial refund will be the amount already paid, less (a) a non-refundable administrative charge representing the Provider’s actual, reasonable costs of processing the cancellation, not exceeding 5% of amounts paid and not applied where the termination results from the Provider’s breach or failure to supply, and (b) the reasonable value of work performed and any committed third-party costs (assessed in accordance with clause 20.2.3). The remaining balance is refunded to the Client. This calculation is subject to the Client’s non-excludable rights under the Australian Consumer Law.

20.2.3 In assessing the reasonable value of work performed under clause 20.2.2(b), the Provider may take into account time reasonably spent on the project, including research, planning meetings, documentation, layout and design creation, hosting setup, and project communications, charged at the Provider’s standard hourly rates, together with any committed or incurred third-party costs. The Provider will, on request, give the Client a reasonable summary of how the deduction was calculated.

20.3 Subscription Services

20.3.1 This clause 20 applies to project-based engagements (including website design and development). Refunds and cancellation for monthly subscription Services (including maintenance and care plans, and hosting) are governed by clause 12.6, the applicable service agreement, and any notice period stated in it. Nothing in this clause limits the Client’s rights under the Australian Consumer Law.

21.1 Links to Other Websites or Resources

21.1.1 The Website may provide links to other websites or resources, which you may choose to access at your sole discretion.

21.1.2 These links are provided to offer increased value to our Users.

21.2 Lack of Control and Endorsement

21.2.1 You acknowledge that the Provider has no control over the content or availability of such external sites or resources.

21.2.2 The Provider does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources.

21.3 Disclaimer of Responsibility and Liability

21.3.1 You further acknowledge and agree that the Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.

Please note that when you access these external links, you are subject to the terms and conditions and privacy policies of those respective websites. The Provider encourages you to review the terms and policies of any third-party websites you visit.

COMMUNICATIONS

22.1 Support and General Enquiries

22.1.1 Support requests and general enquiries should be sent to the Provider using the contact details on the Website or in the applicable service agreement. The Provider aims to respond within a reasonable time but does not guarantee a response time outside any service level set out in a service agreement or care plan.

22.2 Abusive or Unlawful Communications

22.2.1 The Provider may decline to respond to, and may take appropriate action in relation to, any communication that is threatening, abusive, malicious, defamatory, obscene, or otherwise unlawful or inappropriate, consistent with the Provider’s zero-tolerance policy in clause 12.6.3.

22.3 Confidentiality and Records

22.3.1 The Provider treats Client communications and Client information as confidential and will not disclose them except as authorised by the Client, required by law, or described in the Privacy Policy.

22.3.2 The Provider retains communications in its business systems (including email, CRM and project tools) for as long as reasonably necessary for the provision of Services, record-keeping, legal and operational purposes, and in accordance with the Privacy Policy.

PRIVACY POLICY

23.1 The use of any personal data collected from you is subject to our Privacy Policy, which is incorporated into this T&C by reference.

NO THIRD PARTY BENEFICIARIES

24.1 You agree that, except as otherwise expressly provided in this T&C, there shall be no third party beneficiaries to this T&C, and that you may not assign your profile or registration to any other persons.

NOTICES

25.1 If you choose to provide us with a nominated email address, unless you expressly inform us otherwise, the Provider may communicate with you by providing you with notices regarding updates, changes or additions to the Website or Services offered through or in connection with the Website.

GOVERNING LAW

26.1 This T&C and any obligations arising out of or in relation to the T&C shall be governed by and construed in accordance with the laws of New South Wales, Australia, subject to any non-excludable rights or protections available to you under applicable law.

JURISDICTION

27.1 You understand, agree and acknowledge that the courts of NSW are to have exclusive jurisdiction to settle any dispute (including claims for set-off and counterclaims and disputes relating to any non-contractual obligations) which may arise out of or in connection with the T&C and for such purposes irrevocably submit to the jurisdiction of the aforesaid courts. This does not limit any non-excludable right you may have to bring proceedings in, or to the protection of, another jurisdiction or tribunal where that right cannot be excluded by agreement.

ENTIRE AGREEMENT

28.1 Entire Agreement

28.1.1 The T&C constitute the entire agreement between you and the Provider, governing your access, use, and purchase through or in connection with the Website.

28.1.2 This agreement supersedes any prior agreements between you and the Provider.

28.2 Additional Terms and Conditions

28.2.1 You may also be subject to additional terms and conditions when using or purchasing certain other services provided by the Provider, affiliated services, third-party content, or third-party software.

Please note that the T&C presented here represent the complete agreement between you and the Provider, regulating your access, use, and purchases associated with the Website. Furthermore, specific services or content may be subject to additional terms and conditions.

WAIVER AND SEVERABILITY OF TERMS

29.1 Waiver

29.1.1 The failure of the Provider to exercise or enforce any right or provision of the T&C shall not be deemed as a waiver of such right or provision.

29.2 Severability

29.2.1 If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties agree that the court should make reasonable efforts to give effect to the intentions of the parties as reflected in the provision.

29.2.2 The invalidity of any provision shall not affect the validity and enforceability of the remaining provisions of the T&C, which shall remain in full force and effect.

Please note that any failure to enforce a provision of the T&C by the Provider does not waive their right to enforce that provision in the future. If any provision is deemed invalid, the court will try to uphold the intention of the parties, while the remaining provisions will continue to be valid and enforceable.

VIOLATIONS AND INFRINGEMENTS

30.1 Any violations or infringement of the T&C should promptly be reported by the User by emailing the Provider at hello@readyaim.digital