Terms & Conditions

1. Introduction

Welcome to Webful, operated by Webful Pty Ltd (“we”, “us”, “our”). By subscribing to and using our Website as a Service (WaaS) offering through https://webful.co, you agree to be bound by the following Terms and Conditions (“Terms”). These Terms apply to all clients and users of our services.

2. Nature of the Service

2.1. Website as a Service Model

Webful Pty Ltd provides a "Website as a Service" (WaaS) offering, whereby clients pay a recurring subscription fee in exchange for access to a fully managed, professionally developed website. This arrangement includes, but is not limited to:

• The design and configuration of a website specific to your business;

• Hosting, maintenance, security, and technical support; and

• Access to selected features, integrations, and optional add-ons as agreed.

This service is provided on a subscription basis only. It does not constitute a transfer or sale of the website or any underlying intellectual property to the client. The service is intended to provide ongoing, reliable access to a business website as part of a managed digital solution.

2.2. Ownership and Intellectual Property

You acknowledge and agree that all intellectual property rights in and to the website, including but not limited to the website’s structure, codebase, design elements, and proprietary systems or platforms used to deliver the service, are and shall remain the exclusive property of Webful Pty Ltd.

During your subscription term, Webful grants you a limited, non-exclusive, non-transferable, revocable licence to use the website for your business purposes. This licence:

• Exists only while your subscription remains active and in good standing;

• Does not permit you to reproduce, distribute, resell, modify, or otherwise exploit the website or any part thereof outside of its intended use; and

• Will automatically terminate upon cancellation or non-payment of your subscription.

At no point does ownership of the website or any part of the website infrastructure transfer to you.

2.3. Client Content and Data

Notwithstanding the above, you retain ownership of all content provided by you for inclusion on the website, including text, images, logos, branding, and other media (“Client Content”). You are responsible for ensuring you hold all necessary rights and licences to supply such content.

Where reasonably requested, Webful will provide you with a copy of the Client Content during or after the term of service, excluding any proprietary systems, layouts, templates, or code used to deliver the service.

2.4. Domain Ownership

Webful acknowledges that you are the rightful owner of any domain name you supply or register in connection with your website. If Webful registers a domain on your behalf, it will be registered in your name where practicable, and full ownership rights will be assigned to you.

Upon cancellation or termination of your subscription, Webful will, upon request, assist in transferring or redirecting your domain to another provider. Webful shall not assert any claim to domain name ownership under any circumstance.

3. Payment and Subscription

3.1. Fees and Billing

By engaging Webful Pty Ltd for Website as a Service (WaaS), you agree to pay the subscription fees applicable to your selected plan, as detailed on our website or in any accompanying service agreement or invoice.

All subscription fees are:

• Payable in advance, either monthly or annually, as per your selected billing cycle;

• Inclusive of Goods and Services Tax (GST) unless otherwise stated; and

• Subject to change with thirty (30) days’ prior notice, unless otherwise agreed in writing.

Your access to the service is contingent upon the timely and full payment of all amounts due. Webful reserves the right to suspend or restrict access to the website and any associated services in the event of late payment, dishonoured transactions, or payment failure.

3.2. Automatic Renewal

Unless otherwise notified in writing, your subscription will automatically renew at the end of each billing cycle (monthly or annually) and the relevant fee will be charged to your nominated payment method.

It is your responsibility to ensure that your payment method remains valid and that sufficient funds are available to meet ongoing subscription payments.

3.3. Non-Payment and Reinstatement

If a payment is missed or declined and remains outstanding for seven (7) days, Webful may, without prejudice to any other rights, suspend access to the website and related services until payment is received.

Should suspension occur, Webful may charge a reasonable administrative fee for the reactivation of services. Continued non-payment for a period exceeding thirty (30) days may result in termination of the service and permanent deletion of hosted data.

3.4. Cancellation by the Client

You may cancel your subscription at any time by providing a minimum of thirty (30) days’ written notice to Webful via email or other approved method. No refunds shall be issued for any unused portion of a prepaid billing cycle.

Following cancellation, your access to the website and services will cease at the conclusion of the current paid term. Upon request, and subject to these Terms, Webful will provide you with your domain configuration information and any Client Content, excluding proprietary code or intellectual property belonging to Webful.

3.5. Termination by Webful

Webful reserves the right to terminate your subscription, with immediate effect and without liability, in circumstances including (but not limited to):

• A breach of these Terms by you;

• Failure to make payment within the required period;

• The supply of unlawful or infringing content; or

• Any conduct that, in Webful’s reasonable opinion, may damage our platform, reputation, or other clients.

In the event of termination by Webful (other than for breach), you will be provided with a pro-rata refund for any unused portion of a prepaid term, and access to your Client Content and domain configuration details, subject to the terms of Section 2.

3.6. Compliance with Australian Consumer Law

These Terms shall be read in conjunction with your rights under the Australian Consumer Law (ACL). Nothing in this section limits or excludes any rights or remedies you are entitled to as a consumer under the Competition and Consumer Act 2010 (Cth).

4. Client Responsibilities

4.1. Provision of Content and Materials

You agree to supply Webful Pty Ltd with all content, branding assets, and information necessary for the development, population, and ongoing maintenance of your website (“Client Content”).

You warrant that:
a. All Client Content provided is accurate, complete, and up to date;
b. You hold all necessary rights, licences, and permissions to use, reproduce, and display the Client Content; and
c. The Client Content does not infringe any intellectual property rights, privacy rights, or other legal rights of any third party, and is not unlawful, defamatory, obscene, or otherwise objectionable under Australian law.

Webful accepts no liability for the consequences of using content provided by you, including where such use may result in loss, damage, or claims by third parties.

4.2. Client Conduct and Use of the Website

You must not use the website, or permit it to be used, in any way that:
a. Violates any applicable law, regulation, or regulatory requirement (including, without limitation, those relating to privacy, intellectual property, and digital content);
b. Engages in misleading or deceptive conduct, false advertising, or the unauthorised collection of personal data;
c. Hosts or disseminates malware, viruses, spam, or similar harmful or disruptive content; or
d. Harms or attempts to interfere with the performance, integrity, or security of Webful’s infrastructure or services.

Webful reserves the right to suspend or terminate the service without notice if it becomes aware of any prohibited use.

4.3. Review and Approval Responsibilities

You are responsible for reviewing all deliverables supplied by Webful during the website setup, design, or revision stages. Unless otherwise agreed in writing, failure to respond to design drafts or content requests within a reasonable period (typically seven [7] business days) may result in the project being delayed or delivered based on available information.

You acknowledge that prompt feedback and timely approvals are essential to the efficient delivery of the service.

4.4. Login Credentials and Access

If Webful provides you with access credentials (e.g., for analytics, email systems, CMS access, etc.), you agree to keep these details confidential and secure. You must notify Webful immediately of any known or suspected unauthorised access or breach of security involving your account.

Webful is not liable for any loss or damage arising from your failure to maintain the confidentiality of your login information.

4.5. Technical Limitations and Cooperation

You agree to provide reasonable cooperation with Webful during the onboarding and servicing of your website, including:

• Granting access to your domain registrar and DNS records, where necessary;

• Supplying login credentials for third-party integrations (e.g., payment processors, email platforms); and

• Responding to support or compliance requests in a timely manner.

Failure to comply with these obligations may impact Webful’s ability to provide the service and may result in delays, interruptions, or additional charges.

5. Australian Consumer Law

5.1. Statutory Guarantees

Nothing in these Terms excludes, restricts, or modifies any rights, guarantees or remedies you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (“ACL”), or any other applicable legislation which cannot be lawfully excluded or limited.

Under the ACL, consumers are entitled to statutory guarantees that cannot be excluded, including guarantees that services will be rendered with due care and skill, will be fit for the specified purpose, and will be supplied within a reasonable time.

If you are a consumer for the purposes of the ACL, our services come with guarantees that cannot be excluded. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have services remedied if they fail to be of acceptable quality or fail to meet the consumer guarantees.

5.2. Limitation of Remedies (to the extent permitted by law)

Where the services supplied under this agreement are not of a kind ordinarily acquired for personal, domestic or household use or consumption, and where permitted by law, Webful Pty Ltd limits its liability to the following (at our election):
a. The supplying of the services again; or
b. The payment of the cost of having the services supplied again.

This clause shall not apply in circumstances involving major failures under the ACL or in any way that would contravene Section 64 of the Australian Consumer Law.

5.3. Exclusions to the Extent Lawfully Permitted

Subject to your rights under the ACL and to the maximum extent permitted by law, Webful Pty Ltd excludes all:
a. Implied conditions, warranties, guarantees and representations;
b. Liability for indirect or consequential loss, including but not limited to loss of profit, loss of revenue, business interruption, loss of opportunity, or reputational damage;
c. Liability for errors or interruptions caused by matters outside our reasonable control, including third-party services, cyberattacks, or hosting interruptions.

5.4. Dispute Resolution

In the event of a dispute regarding the services provided by Webful, we encourage you to contact us in writing to allow an opportunity for resolution. If a resolution cannot be reached, you may be entitled to escalate the matter to a consumer affairs authority or relevant tribunal in your State or Territory under the provisions of the ACL.

6. Limitation of Liability

6.1. General Limitation

To the extent permitted by law and subject always to your rights under the Australian Consumer Law, Webful Pty Ltd (including its directors, employees, contractors, and agents) excludes all liability for any direct, indirect, incidental, special, consequential or exemplary loss, damage or expense (including but not limited to loss of profits, loss of revenue, loss of business opportunity, loss of data, or reputational damage) arising out of or in connection with:
a. The use of, or inability to use, our website services;
b. Delays, interruptions, or errors in the website or platform operation;
c. Any unauthorised access to or use of our systems, servers, or client data;
d. Your reliance on any advice or information obtained from Webful; or
e. Any act, omission, or negligence of any third-party service provider engaged in the delivery of the service (e.g., hosting, email, domain registrars).

6.2. Cap on Liability

Where liability is not otherwise excluded under these Terms, and to the extent permitted by law, the total aggregate liability of Webful to you (whether in contract, tort, statute, or otherwise) for any claim arising out of or in connection with the services shall be limited to the lesser of:
a. The total amount of subscription fees paid by you to Webful in the three (3) months preceding the event giving rise to the claim; or
b. $2,000 AUD.

This cap applies per claim and in aggregate for all claims in any twelve-month period.

6.3. Exclusion of Implied Terms

Except as expressly provided in these Terms and subject to Clause 5, all implied conditions, warranties, and representations (whether statutory or otherwise) are excluded to the maximum extent permitted by law.

6.4. No Guarantee of Uninterrupted Service

You acknowledge that access to your website and associated services may occasionally be interrupted for maintenance, upgrades, technical issues, or events outside of Webful’s control (including but not limited to hosting outages, internet disruptions, or force majeure events). Webful does not warrant uninterrupted access and will not be liable for any loss suffered as a result of such interruptions.

6.5. Indemnity

You agree to indemnify and hold harmless Webful Pty Ltd, its officers, employees, contractors, and agents, from and against any loss, damage, liability, claim, or expense (including reasonable legal costs) arising out of or in connection with:
a. Your breach of these Terms;
b. Any unlawful or unauthorised use of the website by you or your agents; or
c. Any third-party claim relating to content you have provided or actions you have undertaken in connection with the use of our service.

7. Intellectual Property

7.1. Ownership of Website Assets

Unless expressly agreed otherwise in writing, all intellectual property rights in and to the website created and maintained by Webful Pty Ltd under this subscription agreement—including but not limited to its layout, design, source code, structure, templates, components, scripts, stylesheets, and system architecture—are and shall remain the exclusive property of Webful Pty Ltd or its licensors.

You acknowledge and agree that:
a. Your subscription grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the website during the term of your active subscription, solely for the purposes of your business or personal use;
b. This licence does not grant you ownership or any proprietary interest in the website, platform, or any associated materials; and
c. Upon cancellation or termination of your subscription, your licence to use the website automatically ceases and Webful may revoke access without further notice.

7.2. Restrictions on Use

Unless otherwise permitted in writing, you must not:
a. Copy, reproduce, alter, reverse engineer, decompile, or attempt to extract the source code of any part of the website or associated systems;
b. Sub-license, lease, distribute, or resell the website or any component thereof;
c. Use any of Webful’s proprietary assets in any way that infringes our intellectual property rights or the rights of a third party.

7.3. Client Content

You retain ownership of all intellectual property rights in content you provide to Webful for inclusion on your website (“Client Content”), including (but not limited to) logos, written copy, branding, images, product descriptions, and business data.

By supplying such content, you grant Webful a royalty-free, worldwide, non-exclusive licence to use, reproduce, modify, and display that content for the sole purpose of delivering the services described in this agreement.

You warrant that all Client Content:
a. Is either owned by you or that you hold all appropriate rights, licences, or consents to use it; and
b. Does not infringe the rights (including intellectual property rights) of any third party, nor breach any applicable law.

7.4. Third-Party Tools and Integrations

Where your website includes third-party software, scripts, fonts, plugins, or integrations (e.g., via Google, Shopify, or social media platforms), the rights to use such components are governed by the respective third-party licences. Webful does not provide any warranties or assume any liability for the continued availability, security, or legal compliance of such third-party services.

7.5. Webful Branding

Unless otherwise agreed, Webful reserves the right to include a discreet attribution or footer link (e.g., “Powered by Webful”) on websites developed under this service. Clients may request removal of this attribution, subject to additional terms or fees.

8. Changes to Terms

8.1. Right to Amend

Webful Pty Ltd reserves the right to amend, update, or modify these Terms and Conditions at any time, subject to compliance with applicable laws, including the Australian Consumer Law. Amendments may be made to reflect changes in service offerings, pricing, operational requirements, applicable legislation, or business practices.

8.2. Notice of Amendments

Where changes to these Terms are material, Webful will take reasonable steps to notify you of the updated terms. This may include:
a. Posting a revised version of the Terms and Conditions on our website (https://webful.co);
b. Sending an email notification to your nominated email address; or
c. Including a notice in your client dashboard or invoice communications.

For non-material or administrative updates (e.g., formatting, typographical corrections), Webful may implement such changes without prior notice.

8.3. Client Acknowledgement

Continued use of Webful’s services following the implementation of revised Terms constitutes your acceptance of those changes. If you do not agree to the amended Terms, you must notify Webful in writing and may terminate your subscription in accordance with Clause 3.4 (Cancellation by the Client).

It is your responsibility to review these Terms periodically to ensure ongoing awareness of any changes.

8.4. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision shall be severed from the remaining Terms, which will continue to operate to the fullest extent permitted by law.

8.5. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Queensland, Australia, and the Commonwealth of Australia. Any dispute or legal proceeding arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Queensland and any courts of appeal therefrom.

8.6. Entire Agreement

These Terms, together with any service proposal, scope of work, invoice, or written correspondence between the parties, constitute the entire agreement between you and Webful relating to the services described herein. No other verbal or written statement, representation or promise shall have legal effect unless expressly incorporated into this agreement in writing by an authorised representative of Webful.

9. Data Privacy and Security

9.1. Compliance with Privacy Laws

Webful Pty Ltd complies with the Privacy Act 1988 (Cth), including the Australian Privacy Principles (APPs), in the collection, handling, storage, and disclosure of your personal and business information. By engaging our services, you consent to our collection and use of your information in accordance with these principles and our published Privacy Policy.

9.2. Purpose of Data Collection

We collect and process information solely for purposes necessary to deliver, maintain, and support our services. This includes, but is not limited to:
a. Website setup and ongoing maintenance;
b. Communications regarding service performance, billing, or updates;
c. Account management and technical support;
d. Compliance with legal and regulatory obligations.

We will not sell, rent, or otherwise disclose your information to third parties except as required by law or with your explicit consent.

9.3. Security Measures

Webful takes reasonable and industry-standard precautions to protect data from unauthorised access, misuse, interference, loss, or disclosure. These precautions may include:

• Secure password protocols;

• Data encryption during transmission;

• Regular software updates and system monitoring;

• Access controls on internal systems.

While we strive to maintain secure systems, you acknowledge that no online platform is entirely immune to risks and that we cannot guarantee absolute security.

9.4. Data Access and Retention

You may request access to the personal and business data we hold about you at any time, subject to applicable legal exceptions. If your subscription is cancelled, Webful will retain a backup of your content and configuration data for a period of thirty (30) days, after which such data may be permanently deleted unless required by law to retain it longer.

9.5. Third-Party Integrations

Where the website incorporates third-party services (e.g., Google Analytics, Mailchimp, Meta Ads, Shopify), you acknowledge that these services operate under their own privacy policies and terms. Webful is not responsible for the privacy practices or data handling procedures of any third-party providers.

9.6. Privacy Policy

For further detail regarding how Webful collects, stores, and discloses personal information, please refer to our Privacy Policy available at: https://webful.co/privacy-policy

10. Force Majeure

10.1. Suspension of Obligations

Webful Pty Ltd shall not be held liable for any delay, disruption, or failure to perform its obligations under these Terms where such delay or failure is caused by a Force Majeure Event. For the purposes of this clause, a Force Majeure Event refers to any circumstance or event beyond Webful’s reasonable control which prevents or materially hinders the performance of its obligations, whether foreseen or unforeseen.

10.2. Examples of Force Majeure Events

Force Majeure Events may include, but are not limited to:
a. Acts of God, fire, flood, earthquake, or natural disaster;
b. War, civil unrest, terrorism, or political insurrection;
c. Governmental orders, restrictions, or intervention;
d. Strikes, labour disputes, or industrial action (other than those involving Webful personnel);
e. Failures or interruptions of telecommunications, internet, hosting infrastructure, or power supply not caused by Webful;
f. Epidemics, pandemics, or quarantine restrictions;
g. Cyberattacks, denial-of-service attacks, or other malicious third-party interference.

10.3. Notification and Mitigation

In the event of a Force Majeure Event, Webful will provide you with reasonable notice (where practicable) and will take commercially reasonable steps to mitigate the impact of the event on service delivery. Webful shall resume full performance of its obligations as soon as reasonably practicable after the event subsides.

10.4. No Right to Terminate for Delay

You acknowledge that temporary delays or interruptions resulting from Force Majeure Events shall not constitute a breach of contract, nor entitle you to cancel the agreement or claim compensation, provided Webful continues to take reasonable steps to restore service.

11. Definitions and Interpretation

11.1. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• “Australian Consumer Law” (ACL) means Schedule 2 of the Competition and Consumer Act 2010 (Cth) and any relevant State and Territory fair trading legislation.

• “Client Content” means all content, information, data, files, images, branding, and materials provided by you (the client) for use on your website.

• “Confidential Information” means any information, documentation, or data disclosed by one party to the other that is not publicly known and is identified as confidential or would reasonably be considered confidential.

• “Force Majeure Event” means any event or circumstance beyond a party’s reasonable control that prevents or delays performance of its obligations, as defined in Clause 10.

• “Intellectual Property” means all existing and future intellectual property rights, including but not limited to copyright, designs, trademarks, trade secrets, patents, domain names, source code, databases, and any rights subsisting therein.

• “Services” means the website design, hosting, support, subscription features, and related services provided by Webful under this agreement.

• “Subscription” means the recurring payment arrangement under which the client accesses the Services on a monthly or annual basis.

• “Terms” means these Terms and Conditions, as amended from time to time.

• “You”, “Client” means the individual or entity entering into the agreement with Webful for the supply of Services.

11.2. Interpretation

In these Terms:
a. Headings are for convenience only and do not affect interpretation;
b. The singular includes the plural and vice versa;
c. A reference to legislation includes any amendments, re-enactments, or replacements thereof;
d. “Including” or similar words do not limit the scope of the preceding words;
e. If any provision is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.