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Terms of Service

The rules of engagement between your business and ours — what we owe you, what we need from you, who owns what at the end, and the rights you keep no matter what this page says.

Last updated31 July 2026 ABN61 183 020 382

01Who these terms bind

This website and the services offered through it are operated by Jesse A Mckenzie trading as Automated Australia (ABN 61 183 020 382), based in Brisbane, Queensland, Australia. In these terms, "we", "us" and "our" mean Automated Australia. "You" and "your" mean the person or business engaging us or using this website.

These terms apply when you browse this website, request a quote, accept a proposal, place an order, or use anything we build or run for you. If we have signed a separate written agreement or statement of work with you, that document takes precedence wherever it conflicts with this page — these terms fill in everything it does not cover.

We may update these terms. The version in force for your project is the version published when you accepted your proposal, except for changes we are required to make by law. Material changes affecting ongoing plans are notified by email at least 30 days before they take effect.

02Definitions

Deliverables: The specific website, application, agent, automation, document or asset we produce for you under an accepted proposal.
Client Content: Anything you give us or ask us to publish — copy, logos, photography, video, product data, trade marks, customer lists and business information.
Our Materials: Everything we bring to the work that was not created exclusively for you: our templates, layout systems, design systems, component libraries, section blocks, animation engines, build tooling, generators, prompts, agent architectures, scripts, code frameworks, and the know-how behind them — including improvements made while working on your project.
Proposal: The written quote, scope or order confirmation describing the work, the price and the payment schedule.
Ongoing Plan: Any recurring service — hosting, care and maintenance, support retainer, content or social package, agent or automation running costs.

03Quotes and engagement

Prices shown on this website are indicative starting points, in Australian dollars. A quote becomes binding only once we issue a written Proposal for your specific project. Proposals are open for 30 days unless stated otherwise.

An engagement starts when you accept the Proposal in writing (including by email or by paying the deposit) and we confirm we have capacity. At that point the Proposal, these terms and our Privacy Policy and Refund Policy together form the agreement between us.

Work outside the agreed scope is not included. If you ask for something the Proposal does not cover, we will tell you before doing it and quote it separately — we do not add charges you have not approved in writing.

04Fees, deposits and payment

Unless the Proposal says otherwise, project work is invoiced as a deposit to secure your slot and begin discovery, with the balance payable at the milestones set out in the Proposal. Ongoing Plans are billed in advance for each period.

All prices are in Australian dollars (AUD). Where GST applies it is shown on the tax invoice.
Invoices are payable within 7 days of issue unless the Proposal states different terms.
Card payments are processed by Stripe. We never see or store your full card number.
Pass-through costs — domain registration, third-party licences, paid fonts, stock media, ad spend, app store fees, SMS or email credits — are either quoted separately or billed at cost. These are paid to third parties and are not refundable by us.
Overdue accounts: we may pause work and suspend hosted services after written notice. We may charge interest on overdue amounts at 2% above the Reserve Bank of Australia cash rate, and recover reasonable costs of collection.

Final files, deployment to your own domain, and transfer of accounts happen once the account is paid in full. Until then, anything we have deployed remains on our infrastructure under a temporary preview licence.

05What we need from you

Good work needs input. You agree to give us, within a reasonable time, the content, access, approvals and feedback the project needs — and to nominate one person who can make decisions on your behalf.

You confirm that Client Content you supply:

is accurate, and not misleading or deceptive;
is yours to use, or you hold the licences and permissions needed — including for photography, fonts, music and any person appearing in it;
does not infringe anyone's intellectual property, privacy or other rights, and does not breach Australian law;
complies with any regulatory rules that apply to your industry (for example advertising restrictions on health, legal, financial or trade services).

You are responsible for the claims made in your own marketing. We will flag anything that looks legally risky if we notice it, but we are not your lawyers and we do not verify your claims.

If a project stalls waiting on you for more than 60 days, we may close it out, invoice for work performed to that point, and treat any restart as a new engagement subject to current pricing and availability.

06Delivery, revisions and timing

Timelines in a Proposal are good-faith estimates, not guarantees, and assume you respond within the agreed feedback windows. Delays caused by late content, late approvals or third parties shift the schedule accordingly.

Each Proposal states how many rounds of revisions are included. Revisions mean refining what was scoped — not redirecting the project to a different concept after approval. Additional rounds, or a change of direction after sign-off, are quoted as extra work.

A deliverable is deemed accepted when you approve it in writing, or 10 business days after we deliver it for review with no response, or when you put it into live commercial use — whichever happens first. Defects reported within 30 days of acceptance are fixed at no charge where they are genuine faults in our work.

We do not guarantee commercial results. Search rankings, traffic, lead volume, conversion rates and revenue depend on your market, your pricing, your offer and platforms we do not control. We guarantee the quality of what we build, not the performance of your market.

07Intellectual property

This is the part most people skim. It is worth reading, because it is specific.

Your content stays yours

You own — and always continue to own — all Client Content. You grant us a non-exclusive licence to use, reproduce and adapt it for the purpose of doing the work, hosting it, and for the portfolio use described in section 14.

Our materials stay ours

All Our Materials remain our exclusive property. Nothing in these terms transfers ownership of them to you. This includes the templates, design systems, component and section libraries, animation engines, generators, build tooling, agent architectures and underlying source code used to produce your Deliverables — whether they existed before your project or were created, extended or refined during it.

What you get

On full payment of all amounts owing, we grant you a perpetual, worldwide, non-exclusive, non-transferable licence to use, display and operate your Deliverables for your own business, for as long as you like. That licence covers using your finished website or system commercially, having it hosted anywhere you choose, and having a third party maintain it for you.

Custom assets created exclusively for you and not reusable elsewhere — your logo files, your bespoke copy, images we commissioned specifically for you — are assigned to you on full payment.

In plain English

You own your brand, your content and your finished site, and you can use it forever, move it anywhere, and have anyone maintain it. What you do not get is the right to take the underlying system we built it with and reuse, resell or redistribute it as design or code in its own right.

Buying it outright

If you need full ownership of the code and design system behind your Deliverables — for example because you are reselling it or raising capital — we will quote a buy-out. Full assignment only ever happens under a separate written agreement, signed by us, and paid in full.

08Licence restrictions

The licence in section 7, and any access you are given to this website, our template library, demo sites, previews or client portals, is subject to the following. You must not, and must not permit anyone else to:

copy, scrape, download in bulk, mirror, or systematically extract the code, markup, stylesheets, layouts, animations or design systems of this website, our template gallery, or any demo or preview we publish;
resell, sublicense, rent, redistribute or make available Our Materials, or your Deliverables as a template, theme, starter kit or design product, to any third party;
use Our Materials to build sites or systems for other businesses, whether or not for payment;
reverse engineer, decompile or attempt to derive the underlying structure of our build tooling, generators, agent architectures or prompts, except to the extent that restriction is prohibited by law;
remove, obscure or alter any copyright notice, credit, watermark or attribution we include;
use automated means — crawlers, scrapers, headless browsers, harvesting scripts — to access this website other than by well-behaved search engine indexing consistent with our robots.txt;
use this website or anything on it to train, fine-tune or ground a machine learning model, or to build a competing product or service, without our prior written consent;
access any part of our systems you have not been given credentials for, or interfere with the security or availability of our infrastructure.

Demos, previews and template galleries are published for evaluation only. Being able to view something in a browser is not a licence to reproduce it. We monitor for unauthorised copying and enforce our rights, including under the Copyright Act 1968 (Cth). Breach of this section entitles us to suspend access immediately and to seek injunctive relief without needing to prove loss.

09Third-party services

Almost every modern system depends on services we do not own — hosting and CDN providers, domain registrars, payment processors, email and SMS gateways, AI model providers, social platforms, analytics and mapping APIs.

Where we set these up in your name, your relationship is with that provider and their terms apply to you directly. We are not responsible for a third party's outages, pricing changes, policy changes, account suspensions or discontinued features — although we will help you work through them, and will tell you up front where a dependency is a real risk.

Where a third-party service requires a subscription in your name, you are responsible for those fees. If we hold a subscription on your behalf, it is billed to you at cost or as quoted, and ends when your engagement ends.

10Ongoing plans and support

Ongoing Plans continue until cancelled. Either of us may cancel by giving 30 days written notice. Fees already paid for the current billing period are not refunded on cancellation — see the Refund Policy for the detail and for the situations where a refund does apply.

Support hours, response targets and inclusions are set out in your plan. Unused hours do not roll over unless the plan says so. Work outside your plan is quoted separately.

If an Ongoing Plan ends, we will help you export your data and, where possible, transfer hosting and accounts to you or your new provider. Hosting we provide stops at the end of the paid period. We keep a backup for 30 days after the end date, after which hosted data may be permanently deleted — please take your own copy before then.

We may adjust Ongoing Plan pricing with 30 days notice, effective from your next billing period. If you do not accept the change, you may cancel before it takes effect.

11Australian Consumer Law

Rights you cannot lose

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

For major failures with a service, you are entitled to cancel your service contract and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

Nothing on this page excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where any term of these terms would do so, that term does not apply to you to that extent.

12Warranties and liability

We warrant that we will perform our services with due care and skill, by suitably qualified people, and that the Deliverables will substantially conform to the Proposal.

Subject to section 11, and to the maximum extent permitted by law:

our total aggregate liability arising out of or in connection with an engagement is limited to the total fees you paid us for that engagement in the 12 months before the claim arose;
we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, business interruption, or loss or corruption of data;
where liability can be limited but not excluded under the Australian Consumer Law, our liability is limited at our option to resupplying the services or paying the cost of having them resupplied.

We are not liable for issues caused by Client Content, by your instructions, by changes made by you or a third party after handover, by third-party service failures, or by your failure to apply security updates or maintain the systems we hand over.

Backups and security. We follow sound practice, but no system is immune. Unless a specific backup or security service is included in your plan, you are responsible for maintaining your own backups.

You indemnify us against claims, losses and reasonable legal costs arising from Client Content, from your breach of section 8, or from your use of the Deliverables in a way these terms do not permit — except to the extent we caused the loss.

13Confidentiality

Each of us may learn confidential information about the other — your customer data, pricing, strategy and systems; our methods, tooling and pricing. Both of us agree to keep that information confidential, use it only for the engagement, and protect it with reasonable care.

This does not apply to information that is already public through no fault of the receiving party, was already known, is independently developed, or must be disclosed by law. Our handling of personal information is covered by the Privacy Policy.

14Portfolio and publicity

Unless you tell us otherwise in writing, we may include your project in our portfolio, template gallery, case studies and social channels — showing screenshots, video, your business name and logo, and a description of what we built and why.

We will not publish anything confidential, and we will not publish commercial results or figures without your written approval. If you would prefer we did not feature your project at all, email us and we will remove it from anything we control.

We may include a discreet attribution link in the footer of sites we build. If you would rather not have it, just ask and we will take it off.

15Suspension and termination

Either of us may end an engagement by written notice if the other materially breaches these terms and does not fix it within 14 days of being asked to, or becomes insolvent.

We may suspend services or access immediately, with notice as soon as practicable, where an account is significantly overdue, where continuing would breach the law, or where section 8 has been breached.

We may also decline or end an engagement where the work would require us to publish claims we believe are misleading, or would put us in breach of the Australian Consumer Law, the Spam Act 2003 (Cth) or the Privacy Act 1988 (Cth).

On termination: fees for work performed up to that date become payable, licences granted under section 7 survive only if the account is paid in full, and sections 7, 8, 12, 13 and 16 continue to apply.

16General

Governing law. These terms are governed by the laws of Queensland, Australia. Both of us submit to the non-exclusive jurisdiction of the courts of Queensland and the courts able to hear appeals from them.
Resolving disputes. Before starting proceedings, both of us agree to raise the issue in writing and genuinely attempt to resolve it within 21 days. This does not prevent either of us seeking urgent injunctive relief.
Force majeure. Neither of us is liable for delay caused by events beyond reasonable control, including natural disasters, outages of essential infrastructure, or government action.
Assignment. You may not assign the agreement without our written consent, which we will not unreasonably withhold. We may assign it as part of a sale of our business.
Independent contractor. We work as an independent contractor. Nothing here creates a partnership, joint venture or employment relationship.
Severance. If part of these terms is unenforceable, it is severed and the rest continues in force.
Entire agreement. The Proposal, these terms and the policies linked from them are the whole agreement, and replace earlier discussions on the same subject.

17Contact

Questions about these terms, or notices under them, go to:

Entity: Jesse A Mckenzie trading as Automated Australia · ABN 61 183 020 382
Email: jesse@automatedaustralia.com
Phone: +61 468 484 006
Location: Brisbane, Queensland, Australia

These terms are written to be read, not to hide things. If anything here is unclear, or you think something is wrong, email jesse@automatedaustralia.com and we will explain it in plain English or fix it.