SiteFresh
Client agreement
Last changed 31 October 2026.
This agreement is between Fresh Site and the client named on their private offer page or in the approval email. It is made when the client accepts it on that page, by typing their full name and ticking the box, or replies to the studio's email saying they approve the preview. That page or email, with this agreement, is the whole agreement. Questions or cancellation: hello@freshsite.com.au.
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The parties
The studio: Fresh Site (ABN 91 477 328 282), a sole trader, 2/290 Boundary Street, Spring Hill QLD 4000, hello@freshsite.com.au, 0427 207 370.
The client: the business or person named on their private offer page or in the approval email, at the email address they give when accepting or that sends the approval.
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The service
The studio rebuilds the client's current website on a new design, as shown in the preview the client approved. That includes:
- every page of the current site, rebuilt one for one;
- the client's own wording, kept as written wherever it fits, with every fact about the client carried word for word;
- any linking copy the new design needs, written in the client's voice and shown in the preview;
- photographs generated for the site, or the client's own photographs in their place;
- a contact form that sends to the inbox the client chooses;
- switching the client's domain to the new site, with the client;
- hosting the site and looking after it for the first year, as set out under Hosting below;
- fixing, at no cost, anything that does not match the approved preview or does not work as it should (see clause 7).
Not included: new pages, new wording, new features or design changes the client asks for (clause 7 sets the rate), articles written for searches (the studio's "Boost your website" pack, an add-on), other ongoing marketing, advertising or search work, content on subjects the current site does not cover, and logo design. Any of these can be quoted separately, in writing, before work starts.
The studio carries out the work with due care and skill and works to improve how the site performs. It does not promise any particular search ranking, number of enquiries or business result, because those depend on things outside its control.
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The price
The price for building the site is the fixed price on the client's private offer page, from AUD 1,500, paid once. No GST is charged while the studio is not registered for GST. If the studio registers for GST, prices already agreed do not go up.
Nothing is paid up front. The price is due at the end of the free trial in clause 6.
While the studio is not registered for GST the invoice is not a tax invoice. It shows the studio's name, ABN, the date, the work and the amount in Australian dollars, and is paid by bank transfer.
Hosting and care for the first year are included in the price. After that they are AUD 300 a year (AUD 25 a month, billed yearly), as set out under Hosting below. Care plus is optional, at AUD 99 a month.
Changes the client asks for are AUD 100 an hour, quoted first, as set out in clause 7.
The client keeps paying, directly, for their own domain name and email.
There are no other charges.
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Approval and the copy of this agreement
Approval is given on the client's private offer page, by typing their full name and ticking the box, or by a reply to the studio's email that says the client approves the preview and wants it to go live. A phone call alone is not approval.
Within 5 business days of the approval, the studio sends the client a copy of this agreement, by email where the client has agreed to receive it that way, or by post. The cooling-off period in clause 5 runs from that copy.
Any change to this agreement must be in writing and accepted by both the client and the studio.
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Cooling-off: 10 business days to cancel
This clause applies when the studio contacted the client first, by phone or in person, and that contact led to this agreement. The client's offer page says whether it applies. If there is any doubt, the studio treats it as applying.
The client may cancel this agreement for any reason within 10 business days, counting from and including the day after the client receives this agreement. Saturdays, Sundays and public holidays in the client's state are not business days.
To cancel, the client tells the studio in any way, spoken or written: for example by email to hello@freshsite.com.au, or with the termination notice at the end of this page. No reason is needed and nothing is payable.
During the cooling-off period the studio does not switch the site onto the client's domain, does not do any other work under this agreement, and does not ask for or accept any payment. The preview the studio made before this agreement stays on the studio's own web address, where the client can keep looking at it. The free trial in clause 6 starts only after the cooling-off period has ended.
If the client cancels in the cooling-off period, nothing is payable and the studio deletes the preview and the material made for it.
If the studio has not given the client this notice and this information, or has otherwise not met its obligations under the unsolicited consumer agreement rules of the Australian Consumer Law, the client may have longer to cancel: up to 3 months, or 6 months in some cases. These rights are in addition to any other rights the client has under the Australian Consumer Law.
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The free trial: 14 days live on the client's domain
The free trial starts at the start of business on the business day after:
- the cooling-off period ends, where clause 5 applies; or
- the client's approval, where clause 5 does not apply.
It runs for 14 days. The studio puts the site live on the client's domain at the start of the trial, as soon as the domain records change, and the client pays nothing during the trial. The studio tells the client in writing the date the trial ends.
Keeping the site. To keep the site, the client pays the invoice by the end of the trial. The studio confirms by email when the payment arrives. From then on the site is the client's to keep on the terms of this agreement, with hosting for the first year from that day.
Not keeping the site. The client may tell the studio at any time during the trial that they do not want to keep the site. The studio then takes its version of the site down and helps the client point their domain back to their old site. Nothing is payable for the build.
Not paid at the end of the trial. If the invoice is not paid by the end of the trial, the studio emails the client a reminder. If it is still unpaid 3 business days after that reminder, the studio may take its version of the site down. The client's domain then points to nothing until the client points it back to their old site, which stays with their old host the whole time; the studio helps with that if asked. If the site is taken down this way, the agreement ends and nothing is payable for the build. The studio may agree in writing to give the client more time.
The studio never changes or deletes the client's old site, email or domain records other than the web address records the client agreed to change.
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Changes
Any change the client asks for, during the trial or at any time after, is charged at AUD 100 an hour. Before starting, the studio gives the client a written estimate of the time. The work starts only once the client accepts the estimate in writing, and the studio does not charge for more than the estimate without the client's written agreement first. Changes are invoiced when they are done and are payable within 14 days.
No charge applies to:
- fixing anything that does not match the approved preview, or that the studio got wrong;
- fixing anything on the site that does not work as it should because of the studio's work;
- changes the client makes themselves to their own words, photos, videos and links at /cms.
During the cooling-off period, where clause 5 applies, no change work is done.
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Hosting
The studio hosts the site and looks after it. That is part of the package: the client does not need an account anywhere or anyone technical on their side. The studio hosts every site it builds and does not offer it any other way. Looking after it means keeping the site online, secure and up to date.
Hosting and care for the first year are included in the price. After that they are AUD 300 a year (AUD 25 a month, billed yearly). The studio emails a reminder and the renewal invoice at least 30 days before each renewal. The client may decide not to renew by telling the studio before the renewal date, and owes nothing for the next year.
If the client does not renew, or does not pay the renewal invoice within 14 days of the renewal date after a further reminder, the studio gives the client their content as set out under Ownership, keeps the site online for 30 days after that notice so the client can move it, and then takes it down.
The studio may change the hosting fee or the Care plus fee for a future period by giving the client at least 30 days' notice in writing. The client may then decide not to renew, or end Care plus, before the new fee applies. The fee for a period already paid does not change.
Care plus is optional, at AUD 99 a month: it includes hosting, an hour of changes each month and a monthly search report. The client asks for it in writing, and may end it at any time by telling the studio; it then ends at the end of the month already paid.
The client tells the studio if their phone number or email address changes, so reminders and invoices reach them.
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Ownership
The client owns their domain, their content, their photographs (including the photographs generated for their site) and their words, and may take them anywhere at any time. The studio never reuses the client's content or photographs for anyone else.
The code the site is built on stays the studio's. If the client leaves, for any reason, the studio returns the client's content, photographs and words in a form another provider can use, and helps the client point their domain wherever they choose.
The client confirms that the words, photographs and other material they give the studio are theirs to use and are accurate, and that any claims about their business meet the rules of their trade or profession. The studio may, but need not, point out anything that looks like a problem.
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The domain switch
At the start of the trial, the client, or someone they choose, changes the records at the place their domain is managed so it points to the new site. The studio never asks for a password. Email records are not changed. The previous records are noted first so the switch can be reversed at any time.
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If the client does not go ahead
If the client says no, does not approve, cancels in the cooling-off period, decides in the trial not to keep the site, or does not pay by the end of the trial and the site is taken down under clause 6, the studio deletes the preview and the material made for it, takes the site down if it is live, and nothing is payable for the build.
Refunds after the client has paid are set out in clause 12.
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Refunds
The trial is how the client decides whether the site is right for them, so once the client has paid, the studio does not usually give a refund because the client has changed their mind. The client can still ask, and the studio considers each request; any refund is at the studio's discretion.
This does not affect the client's rights under the Australian Consumer Law. If the studio's service does not meet a consumer guarantee, the client is entitled to the remedies the law provides, as limited where the law allows by clause 13.
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Liability
Rights the law gives the client. Under the Australian Consumer Law the studio's services come with guarantees that cannot be excluded, including that they are provided with due care and skill. Nothing in this agreement excludes, restricts or changes any guarantee, right or remedy the client has under the Australian Consumer Law that cannot lawfully be excluded.
The limit on those guarantees. Because the studio's services are not of a kind ordinarily acquired for personal, domestic or household use, the studio's liability for a failure to meet a consumer guarantee is limited, as section 64A of the Australian Consumer Law allows, to the studio's choice of supplying the services again or paying the cost of having them supplied again. This limit does not apply if the client shows it is not fair or reasonable for the studio to rely on it.
Other liability. For any other claim under or in connection with this agreement, including in negligence, and to the extent the law allows:
- the studio's total liability is limited to the amounts the client has paid the studio under this agreement in the 12 months before the claim; and
- neither the studio nor the client is liable to the other for loss of profit, revenue, business, goodwill or data, or for any indirect or consequential loss.
These limits do not apply to the client's obligation to pay amounts due, to fraud, or to liability that cannot be limited by law.
After the site is handed over. The studio is not responsible for:
- changes made to the site, the domain or the email by the client or anyone other than the studio;
- the client's domain registrar, email provider, old host or any other service the client chooses;
- the accuracy or lawfulness of the words, photographs and claims the client supplies or approves; or
- how the client's business performs, including search rankings, enquiries or sales.
The studio stays responsible for its own work and its hosting, as set out above.
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Ending the agreement
Either party may end this agreement by notice in writing if the other seriously breaks it and does not fix the problem within 14 days of being told about it in writing. The client may also end hosting or Care plus as set out in clause 8. Whenever the agreement ends, the client keeps everything clause 9 says is theirs.
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Governing law
This agreement is governed by the law of New South Wales, Australia. Either party may bring proceedings in the courts of any Australian state or territory.
Termination notice
To: Fresh Site, 2/290 Boundary Street, Spring Hill QLD 4000, hello@freshsite.com.au
I/We hereby give notice that I/we wish to terminate our agreement.
Client name:
Client address or email:
Signature:
Date: