Legal
iWizz Terms & Conditions
Version 2, October 2026
Tim Hook trading as iWizz | ABN 48 431 193 923 | St Kilda VIC | tim@iwizz.com.au | 0417 518 940
1. DEFINITIONS AND ACCEPTANCE
"We" and "us" means Tim Hook trading as iWizz. "You" means the client named on the quote or invoice. "Services" means all services we provide, including websites, hosting, maintenance, support, Google Ads, IT consulting, photography and content. "Deliverables" means everything we create for you, including designs, layouts, code, builds, graphics, photography and copy.
These terms apply to every quote, invoice and Service. You accept them by accepting a quote, instructing us to start work, paying any invoice, or continuing to use the Services.
2. PAYMENT
Invoices are due within 14 days of the invoice date unless a different term is stated on the invoice. Pay by bank transfer or by card via Stripe (card fees may be passed on). Payments are applied to your oldest outstanding invoices first. You may not set off or deduct any amount you claim we owe you.
3. LATE PAYMENT, SUSPENSION AND COLLECTION COSTS
Overdue amounts attract interest at 10% per annum, calculated daily from the due date until paid. If any invoice is overdue, we may, after giving you 7 days' written notice, suspend any or all Services (including websites, hosting, email and ads) until your account is paid in full. Recurring fees continue during suspension. You must pay our reasonable costs of recovering overdue amounts, including collection agency and legal costs.
4. INVOICE ERRORS AND DISPUTES
Report any invoice error within 7 days of receipt, otherwise the invoice is accepted as correct. To dispute an invoice, tell us in writing with reasons before the due date and pay the undisputed part on time. We will both act in good faith to resolve it promptly.
5. INTELLECTUAL PROPERTY AND RETENTION OF TITLE
5.1 All copyright and other intellectual property in the Deliverables stays with iWizz until every invoice you owe us (not only the invoice for that work) is paid in full.
5.2 Until then, you have only a revocable, non-exclusive, non-transferable licence to use the Deliverables for their intended purpose, and only while your account is up to date.
5.3 If any invoice is overdue, we may revoke that licence by written notice, take the Deliverables offline, and issue takedown notices to any host, platform or registrar. Copying, migrating, re-hosting or rebuilding the Deliverables, by you or anyone acting for you, before full payment infringes our copyright.
5.4 Once everything you owe is paid, ownership of the Deliverables created specifically for you passes to you. We keep our templates, frameworks, tools and know-how, and give you an ongoing licence to use them within your Deliverables.
5.5 We may show the work in our portfolio and marketing.
5.6 Content you supply (text, logos, images, data) stays yours. You warrant you have the right to use it and that it infringes no one's rights, and you indemnify us against claims arising from it.
6. HOSTING, DOMAINS AND PLATFORM CONTROL
We may hold hosting, Duda, domain and other platform accounts and credentials in our name or control until your account is paid in full. We do not have to transfer or release any website, domain, account, export, data or transfer code until all invoices are paid. Once paid, we will hand over on request within a reasonable time, at our standard rates.
7. CREDENTIALS AND ACCESS
Keep logins we give you secure; you are responsible for activity under them. Do not change passwords, admin access, DNS or nameservers on systems we manage without telling us first. We are not responsible for problems caused by others' changes.
8. THIRD-PARTY PLATFORMS AND COSTS
Many Services rely on third parties such as Duda, hosts, registrars and Google. Their fees and other pass-through costs are payable by you, and their price increases may be passed on. Their terms also apply, and we are not responsible for their outages or changes.
9. GOOGLE ADS
Ad spend is paid by you (directly to Google or by reimbursing us) and is separate from our management fee. You approve budgets. We do not guarantee clicks, leads, sales or any other result, and management fees are payable regardless of results. You are responsible for your ads and landing pages complying with Google's policies and the law.
10. RECURRING SERVICES
Hosting, maintenance, security, support and Ads management are billed in advance for the period on the invoice (e.g. monthly or yearly) and renew automatically for the same period. Either party may cancel with 30 days' written notice. Fees for the current period are not refunded. We may change recurring prices on 30 days' written notice, and you may cancel before the change applies.
11. PROJECTS, CANCELLATION AND DEPOSITS
Deposits and progress payments are non-refundable once work has started. If you cancel a project, or it stalls for 30 days awaiting your content or approvals, we may invoice all work done and costs incurred to that date. Out-of-scope work is charged at our standard rates.
12. REFUNDS
No refunds are given for change of mind or once Services have started, subject to clause 13.
13. AUSTRALIAN CONSUMER LAW AND WARRANTIES
Nothing in these terms excludes, restricts or modifies any right, remedy or guarantee under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where the law allows, our liability for breach of a consumer guarantee is limited, at our option, to supplying the Services again or paying the cost of having them supplied again. Otherwise we give no warranties and do not promise that websites, hosting or third-party services will be uninterrupted, error-free or completely secure.
14. LIMITATION OF LIABILITY
To the extent permitted by law, our total liability for any claim is limited to the fees you paid us in the 3 months before the event giving rise to it. We are not liable for any indirect or consequential loss, including lost profit, revenue, data or opportunity. Unless backups are in your plan, keep your own copies of your content.
15. YOUR RESPONSIBILITIES
You must supply accurate information, content, access and approvals on time; check work before approving it (approval is acceptance); ensure your website, content and ads comply with the law, including privacy and spam laws; and pay on time.
16. PERSONAL GUARANTEE
If you are a company, your directors personally guarantee payment of all amounts owed under these terms. Anyone accepting on behalf of a company or trust confirms they are authorised to do so.
17. CONFIDENTIALITY
Each party will keep the other's confidential information (including passwords, business and customer data) confidential and use it only for the Services, unless the law requires disclosure. Portfolio use under clause 5.5 is permitted.
18. TERMINATION
Either party may end the Services on 30 days' written notice. We may end them immediately by notice if you do not pay an overdue invoice within 7 days of a reminder, seriously breach these terms, or become insolvent. On termination all unpaid amounts become due immediately, and clauses 5, 6, 14 and 16 survive.
19. FORCE MAJEURE
We are not liable for delay or failure caused by events beyond our reasonable control, including platform outages, internet or power failures, cyber-attacks, natural disasters or government action.
20. GENERAL
These terms, with any quote or invoice, are the entire agreement between us and replace any earlier terms; if they conflict, the quote or invoice prevails. Changes must be agreed in writing, except price changes under clause 10. Any invalid or unenforceable part is severed and the rest continues. Not enforcing a right is not a waiver. Notices may be given by email.
21. GOVERNING LAW
These terms are governed by the laws of Victoria, Australia. Both parties submit to the jurisdiction of the courts and tribunals of Victoria, including the Victorian Civil and Administrative Tribunal (VCAT).