Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of services provided by Scientific Digital Growth Pty Ltd (ABN 92 466 274 648), a company registered in Australia with its registered office at 1 Redwood Dr, Notting Hill VIC 3168, Australia (referred to in these Terms as “we”, “us”, “our” or “the Company”).

By purchasing or using our Services, you (“the Customer”, “you” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you must not purchase or use the Services.

1. Definitions

In these Terms, the following words have these meanings:

“Service” means the website creation and hosting service provided by us, including the design, build, deployment and hosting of a template-based website using customer-supplied information.

“Setup Fee” means the one-time fee of AUD $99 (GST inclusive) payable at the commencement of the Service.

“Subscription” means the recurring monthly payment of AUD $19 (GST inclusive) for ongoing hosting and related services.

“Website” means the template-based website built and deployed for the Customer under these Terms.

“Onboarding Form” means the Key Website Information Form completed by the Customer after purchase to provide the information needed to build the Website.

“Customer Content” means any text, images, logos, photographs, contact details, business information or other materials provided by the Customer for inclusion in the Website.

“Template” means a pre-designed website layout offered by us, customised with Customer Content.

“Preview URL” means the temporary Vercel-hosted URL (in the format https://client-{identifier}.vercel.app) at which the Customer’s Website is made available immediately after build approval.

“Delivery Email” means the email sent to the Customer notifying them that their Website is ready for viewing, containing the Preview URL and DNS instructions where applicable.

“Custom Domain” means a domain name (such as yourbusiness.com.au) that the Customer wishes to use for their Website, separate from the Preview URL.

“ACL” means the Australian Consumer Law set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

2. Nature of the Service

2.1 Our Service provides a template-based website customised with the Customer’s branding, business information and content. This is not a custom-designed website service. The visual design and layout of the Website are determined by the Template selected by the Customer.

2.2 The Service includes:

• Customisation of a selected Template with Customer Content
• Application of Customer-selected highlight colour
• Generation of AI-created images for use in the Website
• Internal review of the draft Website by us before delivery
• Deployment of the Website to our hosting platform
• A Preview URL at which the completed Website is made available
• Written instructions to enable the Customer to point their existing Custom Domain at the Website (where applicable)
• Ongoing hosting on a global content delivery network
• SSL certificate provision and maintenance
• Standard SEO setup (meta tags, schema markup, sitemap)
• Email support for Service-related issues

2.3 The Service does not include, unless purchased as a paid add-on or separately agreed in writing:

• Custom website design or layout changes outside the Template structure
• Ongoing content updates or copywriting beyond the initial build
• Additional pages beyond those included in the selected package
• Domain name registration on the Customer’s behalf (available as a separate service — see clause 4)
• Configuring DNS on the Customer’s domain registrar account on the Customer’s behalf (available as a paid add-on — see clause 5)
• Email hosting
• Search engine ranking guarantees
• Marketing services, advertising or paid traffic
• Custom integrations with third-party software
• Telephone support

2.4 We use AI-generated images in the Website. The Customer acknowledges that AI-generated imagery may vary in quality and that we will use reasonable efforts to produce images appropriate to the Customer’s business, but make no warranty regarding specific aesthetic outcomes.

2.5 Domain configuration is the Customer’s responsibility. The Service includes delivery of a fully functional Website at the Preview URL. Configuring a Custom Domain to point to the Website is the Customer’s responsibility unless they purchase a paid add-on for us to perform this work or engage us to register a domain on their behalf under clause 4.

3. Delivery Timeline and Point of Delivery

3.1 We aim to deliver the completed Website within 7 business days of receiving the Customer’s fully completed Onboarding Form, but this is a target and not a guaranteed delivery time.

3.2 The build process involves:

(a) the Customer completing the Onboarding Form;

(b) us building the Website from the selected Template using Customer Content;

(c) our internal review of the draft Website to confirm quality and completeness;

(d) our approval of the draft and dispatch of the Delivery Email containing the Preview URL.

3.3 Delivery occurs when we send the Delivery Email containing the Preview URL. From that moment, the Customer has received a working Website accessible at the Preview URL. The date and time of the Delivery Email being sent is the official delivery date for the purposes of these Terms, including the refund period in clause 6.

3.4 What happens with the Customer’s Custom Domain after delivery (if any) is separate from the Service delivery. The Customer may:

(a) use the Preview URL as is, indefinitely, while the Subscription is active;

(b) follow the DNS instructions provided in the Delivery Email to point their existing Custom Domain at the Website themselves;

(c) request that we configure DNS for them as a paid add-on (clause 5);

(d) request that we register and manage a new domain for them as a separate service (clause 4).

3.5 The Customer acknowledges that delivery cannot commence until the Onboarding Form is fully and accurately completed. Delays caused by incomplete or inaccurate information, or by the Customer’s failure to respond to reasonable queries during the build process, do not entitle the Customer to a refund and do not affect the delivery date once the Delivery Email is sent.

4. Domain Registration on Behalf of Customer

4.1 Where the Customer does not have a Custom Domain and asks us to register one on their behalf, the following terms apply.

4.2 Pricing. Domain registration on the Customer’s behalf is a separate service priced based on the cost of the domain plus our handling fee. We will quote the total cost in writing before registering the domain. Payment is required before registration proceeds.

4.3 Domain ownership and registrant. The Customer is the beneficial owner of any domain we register on their behalf. We may register the domain in our name as the technical registrant solely for administrative convenience while the Customer maintains an active Subscription. We hold the domain on the Customer’s behalf and will transfer it to the Customer’s own registrar account on request, subject to clause 4.6.

4.4 Renewal. While the Customer’s Subscription is active, we will renew the domain annually and pass through the renewal cost (which may change based on the registrar’s pricing). Renewal pricing for the domain itself is separate from the Subscription and will be invoiced as it falls due.

4.5 Customer obligations regarding domain. The Customer must:

(a) keep their contact details with us current;

(b) ensure renewal payments are made on time;

(c) not use the domain for unlawful purposes.

4.6 Transfer of domain to Customer. The Customer may request a transfer of the domain to their own registrar account at any time. We will provide the necessary authorisation codes and cooperate with the transfer. Transfers may take several days to complete depending on the receiving registrar.

4.7 Cancellation of Subscription where we hold the domain. If the Customer cancels the Subscription, we will:

(a) provide the Customer with the necessary authorisation codes to transfer the domain to their own registrar account; and

(b) where possible, maintain the domain registration for 30 days after Subscription cancellation to allow time for transfer.

If the Customer does not initiate a transfer within 30 days of Subscription cancellation, we may at our discretion allow the domain to lapse or transfer it to ourselves. The Customer acknowledges that domain renewal costs after Subscription cancellation are the Customer’s responsibility, and we are not obligated to renew the domain unless the Customer pays the renewal fee.

4.8 We make no warranty as to the future availability or suitability of any specific domain name. Domain registration is subject to the registrar’s terms and the rules of the relevant top-level domain registry.

5. DNS Configuration on Customer’s Existing Domain

5.1 Where the Customer already has a Custom Domain and would like us to configure DNS records on their domain registrar to point the domain at the Website, this is available as a paid add-on. Pricing for this add-on is set out at the time of purchase.

5.2 To perform this work, the Customer will need to provide us with login credentials for their domain registrar account, including username and password (and any two-factor authentication codes required at the time the work is performed).

5.3 Customer warranties regarding registrar credentials. By providing registrar credentials to us, the Customer:

(a) warrants that they are authorised to grant us access to that registrar account;

(b) authorises us to log in to the account solely for the purpose of configuring DNS records to point the Custom Domain at the Website;

(c) agrees that we will not use the credentials for any other purpose.

5.4 Our obligations regarding registrar credentials. We will:

(a) use the credentials only for the agreed DNS configuration work;

(b) not store the credentials longer than reasonably necessary to complete the work, and in any event delete them within 30 days of completion;

(c) not share the credentials with any third party except as required to complete the work or where compelled by law.

5.5 Customer recommendations. The Customer is strongly recommended to:

(a) provide credentials only when requested and only via secure channels we specify;

(b) change their registrar password as soon as the DNS configuration is confirmed complete;

(c) use a temporary or single-purpose password where their registrar supports this.

5.6 Limitation of liability for credential-based work. While we take reasonable steps to protect Customer credentials (see our Privacy Policy), the Customer acknowledges that providing login credentials to a third party carries inherent risk. To the maximum extent permitted by law, we are not liable for any unauthorised access to the Customer’s registrar account that occurs after we have deleted the credentials in accordance with clause 5.4(b), provided we have complied with our obligations under that clause.

5.7 We may decline to perform DNS configuration work where:

(a) the credentials provided do not work or do not have sufficient permissions;

(b) the registrar requires additional verification we cannot complete;

(c) the requested configuration would interfere with the Customer’s existing email or other services in a way the Customer has not consented to.

In these circumstances, we will notify the Customer and refund any add-on fee specifically charged for the DNS configuration work.

6. Customer Obligations

6.1 The Customer must complete the Onboarding Form accurately and provide all information requested for the build to proceed.

6.2 The Customer warrants that:

(a) all Customer Content provided to us is accurate, lawful and not misleading;

(b) the Customer owns or has the necessary licences and permissions to use all Customer Content provided, including but not limited to logos, photographs, trade marks and text;

(c) the Customer Content does not infringe the intellectual property rights, privacy rights, or other rights of any third party;

(d) the Customer Content does not contain anything that is defamatory, obscene, unlawful, harmful, threatening, abusive, harassing, or otherwise objectionable;

(e) any domain or email information the Customer provides on the Onboarding Form is accurate;

(f) the Customer’s use of the Website will comply with all applicable laws.

6.3 The Customer indemnifies us against any losses, claims, damages or expenses arising from a breach of the warranties in clause 6.2.

6.4 The Customer must respond to reasonable support requests, queries or change requests in a timely manner. We are not responsible for delays caused by the Customer’s lack of response.

7. Payment Terms

7.1 The Customer pays:

(a) the Setup Fee at the time of initial purchase; and

(b) the Subscription on a recurring monthly basis, billed monthly on the same date as the initial purchase, commencing one month after initial purchase.

Current pricing for the Setup Fee, Subscription, and any add-ons is published on our website at the time of purchase and presented to the Customer at checkout.

7.2 All prices are in Australian dollars unless another currency is indicated at the time of purchase. All prices are inclusive of GST where applicable.

7.3 Payment is processed via our authorised third-party payment processors. The Customer authorises us and our payment processors to debit the Customer’s nominated payment method for the Setup Fee, Subscription, and any add-ons selected at checkout or thereafter.

7.4 The Customer authorises automatic recurring billing of the Subscription until the Customer cancels in accordance with clause 9.

7.5 If a Subscription payment fails, we will attempt to process the payment again. If payment continues to fail after 7 days, we may suspend the Service and place the Website offline. After a further 14 days, we may terminate the Service in accordance with clause 10.

7.6 Add-on services purchased after the initial transaction are charged separately at the prices set out at the time of purchase.

7.7 Pricing may change from time to time. We will provide at least 7 days’ notice of any change to the Subscription price. The Customer may cancel before the new price takes effect.

8. Refunds and Money-Back Guarantee

8.1 14-day money-back guarantee. We offer a 14-day money-back guarantee on the Setup Fee. The 14-day period begins on the date and time we send the Delivery Email (as defined in clause 1 and 3.3). To request a refund under this guarantee:

(a) the request must be made by email to support@digitalgrowthgenius.com within 14 days of the Delivery Email being sent;

(b) the Customer must first allow us a reasonable opportunity to address any concerns through revisions or adjustments to the Website;

(c) the refund will be processed within 21 days of approval and returned to the original payment method. The Customer acknowledges that once we have processed the refund, the time taken for the funds to appear in the Customer’s account is determined by the Customer’s bank or card issuer and is outside our control.

8.2 After the 14-day period, the Setup Fee is non-refundable for change of mind, dissatisfaction with the Template chosen, dissatisfaction with AI-generated imagery, the Customer’s failure to configure their Custom Domain, or other matters that do not constitute a failure of consumer guarantees under the ACL.

8.3 Subscription refunds. Monthly Subscription payments are non-refundable for partial months. If the Customer cancels mid-billing-cycle, the Service remains active until the end of the current billing period and no pro-rata refund is provided.

8.4 Add-on services. One-time add-on services (including DNS configuration under clause 5) are non-refundable once delivered. Recurring add-on services follow the same rules as the main Subscription.

8.5 Domain registration fees. Where we have registered a domain on the Customer’s behalf under clause 4, domain registration costs and renewal costs are non-refundable once the registration has been processed by the registrar.

8.6 Australian Consumer Law rights. Nothing in this clause 8 excludes, restricts or modifies any right or remedy that the Customer may have under the ACL or any other law that cannot be excluded. The Customer is entitled to a refund, repair, replacement, or other remedy where the Service fails to meet a consumer guarantee under the ACL. Where the Service has a major failure under the ACL, the Customer may choose between a refund, replacement or compensation. For minor failures, we may offer to remedy the failure within a reasonable time.

8.7 Change of mind exclusion. Subject to clause 8.6, we do not provide refunds for change of mind, including (but not limited to):

(a) the Customer deciding they no longer want a website;

(b) the Customer finding a similar service cheaper elsewhere;

(c) the Customer disliking the chosen Template after building has commenced;

(d) the Customer’s business circumstances changing;

(e) the Customer’s failure or inability to configure their Custom Domain.

9. Disputes and Chargebacks

9.1 If the Customer has a concern, complaint or dispute relating to the Service, the Customer agrees to first contact us in writing at support@digitalgrowthgenius.com and allow us a reasonable opportunity (not less than 7 days) to investigate and respond.

9.2 The Customer agrees not to initiate a payment dispute, chargeback or claim against us with their bank, card issuer or payment processor without first complying with clause 9.1.

9.3 Initiating a chargeback in breach of clause 9.2 is a material breach of these Terms. Where a chargeback is initiated without prior contact:

(a) we will provide the Customer’s bank or card issuer with these Terms (which the Customer agreed to at checkout), evidence of Service delivery (including the timestamp of the Delivery Email and the Preview URL), and records of communication;

(b) the Customer’s account may be suspended or terminated and the Website removed pending resolution;

(c) we reserve the right to recover any associated dispute fees from the Customer.

9.4 Nothing in this clause 9 limits the Customer’s rights under the ACL or other applicable law.

10. Cancellation by Customer

10.1 The Customer may cancel the Subscription at any time by emailing support@digitalgrowthgenius.com from the email address associated with their account, or by using any cancellation function we make available.

10.2 Cancellation takes effect at the end of the current billing period. The Service, including hosting of the Website, remains active until that time.

10.3 At the end of the billing period following cancellation:

(a) the Website will be taken offline;

(b) the GitHub repository containing the Website code will be retained for 30 days, after which it will be deleted;

(c) the Website’s templates, code, and underlying technology remain our intellectual property and will not be provided to the Customer in any form (see clause 12);

(d) any AI-generated images, content or work product specific to the Website may be deleted along with the repository;

(e) where we have registered a domain on the Customer’s behalf, clause 4.7 governs the handling of that domain.

10.4 No refund is provided for the unused portion of the current billing period, subject to the Customer’s rights under clause 8.6.

11. Suspension and Termination by Us

11.1 We may suspend or terminate the Service immediately, without refund, if the Customer:

(a) breaches these Terms in a material way;

(b) fails to pay the Subscription or other amounts owing within the period set out in clause 7.5;

(c) provides Customer Content that is unlawful, infringes third-party rights, or otherwise breaches clause 6.2;

(d) uses the Website for unlawful purposes;

(e) engages in conduct that is harmful to us, our other customers, or our service providers;

(f) makes a chargeback in breach of clause 9;

(g) provides false or misleading information to us.

11.2 Where reasonable, we will provide notice and an opportunity to remedy the breach before termination.

11.3 On termination by us under this clause, no refund is payable.

12. Intellectual Property

12.1 Our property. All Templates, designs, code, systems, processes, documentation and underlying technology used to provide the Service are owned by Scientific Digital Growth Pty Ltd and remain our exclusive property. The Customer is granted a limited, revocable, non-transferable licence to use the Template as deployed in their Website while the Subscription is active and paid up to date.

12.2 Customer property. The Customer retains ownership of all Customer Content provided to us. By providing Customer Content, the Customer grants us a non-exclusive, royalty-free licence to use, modify, reproduce and display Customer Content for the purpose of providing the Service.

12.3 AI-generated images. Images generated by artificial intelligence systems for use in the Website are licensed to the Customer for use within the Website while the Subscription is active. The Customer acknowledges that AI-generated images may not be eligible for copyright protection under applicable law.

12.4 Removal of branding. The Website may include a small “Powered by Digital Growth Genius” credit. This credit may be removed for an additional fee (please contact us for current pricing).

13. Service Availability

13.1 We use commercially reasonable efforts to keep the Service available and to maintain Website uptime. We target 99.5% uptime measured on a monthly basis but do not guarantee uninterrupted or error-free service.

13.2 We may carry out scheduled maintenance from time to time. Where reasonably possible, we will provide advance notice.

13.3 We are not responsible for service interruptions caused by:

(a) third-party providers (including hosting, content delivery, registrar or platform providers);

(b) the Customer’s internet connection or equipment;

(c) DNS or domain configuration issues outside our control, including incorrect DNS records configured by the Customer or their third-party providers;

(d) events beyond our reasonable control, including natural disasters, denial-of-service attacks, network outages, or government actions;

(e) the Customer’s misuse of the Service.

14. Limitation of Liability

14.1 To the maximum extent permitted by law, our total aggregate liability to the Customer for any claim arising out of or in connection with the Service or these Terms is limited to the total amount paid by the Customer to us in the 3 months preceding the event giving rise to the claim.

14.2 To the maximum extent permitted by law, we are not liable for:

(a) any indirect, special, incidental, consequential or punitive damages;

(b) loss of profits, revenue, business, goodwill, anticipated savings, opportunity, or data;

(c) loss arising from the Customer’s failure to back up Customer Content;

(d) loss arising from the acts or omissions of third-party providers;

(e) loss arising from DNS or domain configuration performed by the Customer or third parties;

(f) loss arising from the Customer’s breach of these Terms.

14.3 Nothing in this clause 14 excludes, restricts or modifies any guarantee, condition or warranty that cannot be excluded under the ACL or other applicable law. Where our liability for a breach of a non-excludable consumer guarantee under the ACL relating to services can be limited under section 64A of the ACL, our liability is limited at our option to:

(a) supplying the Service again; or

(b) paying the cost of having the Service supplied again.

15. Changes to the Service and Terms

15.1 We may modify, improve or change the Service from time to time. Where a change materially reduces the functionality of the Service, we will provide reasonable notice.

15.2 We may update these Terms from time to time. The current version will always be available at https://websites.digitalgrowthgenius.com/terms. For material changes affecting Customer rights or obligations, we will provide at least 30 days’ notice by email or through the Service. Continued use of the Service after the notice period constitutes acceptance of the updated Terms. If the Customer does not accept material changes, the Customer may cancel under clause 10.

16. Privacy

16.1 Our collection, use and disclosure of personal information is governed by our Privacy Policy, available at https://websites.digitalgrowthgenius.com/privacy.

16.2 By using the Service, the Customer consents to the collection and handling of personal information as described in the Privacy Policy.

17. Communications

17.1 We will communicate with the Customer using the email address provided at the time of purchase. The Customer must keep this email address current.

17.2 Notices are deemed received 24 hours after sending, unless the sender receives a delivery failure notification.

17.3 The Customer may contact us at support@digitalgrowthgenius.com for all matters relating to the Service, billing, support, or these Terms.

18. Governing Law and Jurisdiction

18.1 These Terms are governed by the laws of the State of Victoria, Australia.

18.2 The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia, and the Federal Court of Australia, for any dispute arising under or in connection with these Terms.

19. General Provisions

19.1 Entire agreement. These Terms, together with the Privacy Policy and any documents expressly incorporated, constitute the entire agreement between the parties relating to the Service and supersede any prior agreements or understandings.

19.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force.

19.3 No waiver. Our failure to enforce any provision is not a waiver of our right to enforce that provision in the future.

19.4 Assignment. The Customer may not assign or transfer their rights under these Terms without our prior written consent. We may assign our rights and obligations to a related entity or as part of a sale of business.

19.5 No partnership. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

19.6 Force majeure. Neither party is liable for failure to perform obligations due to events beyond their reasonable control.

20. Contact

For questions about these Terms, please contact:

By purchasing the Service, the Customer acknowledges that they have read, understood and agree to be bound by these Terms and Conditions.