About these terms
These terms apply when you engage Pinewright to rebuild your website and, after that, to host and look after it. They work alongside our Refund & Cancellation Policy and our Privacy Policy.
Before any work on your real site starts, we confirm the scope of your project by email. That email and these terms together make up our agreement. If the scope email and these terms conflict, the scope email applies.
Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that can’t lawfully be excluded.
Who we are
“Pinewright”, “we”, “us” and “our” mean the business operating under the Pinewright business name, ABN 74 696 272 518. The company that owns the business name is shown in the legal line at the foot of every page of this website. “You” means the business that engages us.
Pinewright is run day to day by Huon, an AI agent. A human director owns the company and gets a daily report on everything Huon does. Day-to-day decisions, and your site, are handled by Huon and checked by a separate AI reviewer. Questions are answered in writing by Huon.
The website package
For $1,190 including GST, we provide:
- a website of up to 12 pages, designed to work well on phones, tablets and computers;
- built with your own photos, logo and text;
- an “Email us” enquiry button that opens your visitor’s email app, addressed to you at an email address you choose;
- basic on-page search engine optimisation, such as page titles, descriptions, headings and a sitemap;
- two rounds of revisions; and
- for the first 3 months after your site goes live, hosting, security, uptime monitoring and up to 30 minutes of edits each month.
We don’t currently build online shops, payment features or booking engines. We can link to a booking system you already use.
We don’t promise any particular search ranking, amount of traffic or number of enquiries.
Anything outside the package is only done if you ask for it and agree to a written quote first.
Previews
A preview is a free concept we may build to show what a new website for your business could look like. So you can see your own property in it, a preview may show photos from your business’s own website. If we can’t find suitable photos there, it uses neutral placeholder images. We never use your logo in a preview: your business name is shown as plain text.
We use those photos only in your private preview. It isn’t indexed by search engines, and only someone with its private link can open it. We never publish the photos or use them for anything else. They’re deleted with the preview: every preview is deleted automatically no more than 30 days after it’s created. If you ask us, we’ll delete it, and the photos, within 24 hours.
A preview doesn’t oblige you to buy anything, and we won’t invoice you for one.
Starting a project
A project starts when you tell us you’d like to go ahead and we confirm the scope by email. Either of us can stop the project at any time before you approve the finished site, and you won’t owe anything.
Your content
You provide the logo, photos, text and business details for your site. You need to own that material or have permission to use it on your website, and you’re responsible for the accuracy of your business information, such as prices, availability and licence numbers.
You keep all rights in your content. You give us permission to use it only to build, host and maintain your site. We’ll only show your site in our own gallery or marketing if you give us written permission.
We may decline to publish material we reasonably believe is unlawful, misleading or infringes someone else’s rights. If so, we’ll tell you why.
Revisions
Two rounds of revisions are included. A round is one list of changes, sent together. We make the changes and send you the updated staging link.
Extra rounds, or changes outside the agreed scope, are quoted in advance. We only do them if you agree in writing.
Approval, invoice and payment
When your site is finished and has passed our review check, we’ll ask you to approve it. Approval means telling us in writing (a reply email is enough) that the staged site is approved to go live.
- We only send an invoice after you’ve approved the finished site. We never send invoices for work you haven’t agreed to.
- The price is $1,190 including GST, and we issue a tax invoice.
- Payment is due within 7 days of your approval.
- Your site goes live once payment is received.
If you don’t approve the site, you don’t pay anything, and we take the staging site down.
Your domain and email
Your domain stays registered in your name, with your registrar, and you stay in control of it. We never ask for, hold or use your registrar login.
To go live, we tell you exactly which settings to change so your domain points to the new site, and you (or whoever manages your domain) make the change. We never change your email (MX) records.
Domain registration and renewal fees are paid by you directly to your registrar.
The first 3 months
For 3 months from the day your site goes live, the following are included in the price:
- Hosting on modern infrastructure;
- Security: an SSL certificate (so your site loads securely) and sensible security settings;
- Uptime monitoring, so we know if your site goes down; and
- Up to 30 minutes of edits each month, such as updating text, swapping photos or changing opening hours.
Unused edit time doesn’t carry over to the next month. If a change would take longer than the time available, we’ll tell you the cost before doing it.
We aim to keep your site available at all times, but hosting relies on third-party infrastructure and no host can guarantee uninterrupted service. If your site goes down, we’ll work to restore it as quickly as we reasonably can.
After 3 months
Before the included period ends, we’ll ask what you’d like to do:
- Care plan: $49 a month including GST, for the same hosting, security, uptime monitoring and 30 minutes of edits each month. It’s billed monthly in advance, has no minimum term, and you can cancel with 30 days’ notice.
- Handover: we give you your site’s files and code and help you move the site to a host of your choice, at no charge.
We won’t start charging you for the care plan unless you’ve said yes. If we haven’t heard from you by the end of the 3 months, we’ll keep your site online at no charge for at least 30 more days and contact you again before anything changes.
We may change the care plan price by giving you at least 30 days’ written notice. If you don’t want to continue at the new price, you can cancel before it takes effect and you won’t pay the new price.
If a care plan invoice isn’t paid, we’ll remind you and give you at least 14 days’ written notice before we stop hosting your site. Either way, you can still have your files.
Ownership
- Your content is always yours. Your photos, logo, text and business details stay yours throughout. Nothing in these terms transfers them to us.
- What we make for you becomes yours. When you’ve paid the website price in full, we assign to you all our rights in the parts of your site made specifically for you: its design, the words we write for your pages, and any code written only for your site.
- Our shared components are licensed to you. Every site we build also uses Pinewright’s own reusable components, such as base templates, page layouts and code libraries that we use across many sites. We keep ownership of them. When you’ve paid in full, we grant you a perpetual, non-exclusive, royalty-free licence to use, copy, change and host them as part of your site, with any host you choose. You can let anyone who builds, hosts or looks after your site for you do the same, and the licence goes with your site if you sell your business. It doesn’t end if you stop using our care plan or move your site elsewhere. It doesn’t let you sell or license our shared components to others separately from your site.
- Other people’s components. Some parts of a site may use open-source software, fonts or icons made by others. These stay under their own licences, which allow you to keep using them as part of your site. We’ll list them when we hand over your files.
- Your files. Once you’ve paid, you can ask for your site’s files and code at any time, including the shared components it uses, so you can move it to any host.
- What we keep. We keep our general know-how and tools, and we keep using our shared components for other clients (that’s what “non-exclusive” means). We never reuse your content, your branding or the design made specifically for you.
Until the website price is paid in full, the design and code of the staged site remain ours, and the licence above hasn’t started. Your content remains yours throughout.
Continuity promise
Once you’ve paid for your site, you can have its files and code (including its code repository and the shared components it uses, under the licence in Ownership) at any time, whether or not you stay with us. If Pinewright stops trading, we’ll give you at least 60 days’ notice and help you move your site to another host.
Cancelling
- Before you approve the site, either of us can stop at any time. You pay nothing.
- During the first 3 months, you can move your site elsewhere whenever you like, and we’ll give you the files.
- Care plan: you can cancel with 30 days’ notice by email. We can end a care plan by giving you at least 60 days’ notice, and we’ll help you move your site.
Our Refund & Cancellation Policy has the details.
Your consumer rights
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us, 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 problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
Responsibility for loss
Nothing in this section limits your rights under the Australian Consumer Law that can’t lawfully be limited.
Our services are supplied for business use. Where the law allows, if we fail to meet a consumer guarantee, our liability is limited to supplying the services again or paying the cost of having them supplied again.
To the extent the law allows, neither of us is liable to the other for indirect or consequential loss, and the total liability of each of us to the other under our agreement is limited to the total amount paid or payable under it.
Privacy
We handle personal information as set out in our Privacy Policy.
Changes to these terms
We may update these terms for future projects. Changes won’t apply to a project that’s already underway unless you agree. For an ongoing care plan, we’ll give you at least 30 days’ written notice of any change that affects you. If you don’t agree to the change, you can cancel before it takes effect, and the change won’t apply to you.
Complaints
If something isn’t right, email hello@pinewright.com.au with “Complaint” in the subject line. Huon handles every complaint, a separate AI reviewer checks our reply, and the director sees each complaint in a daily report. We’ll acknowledge it within 2 business days and work with you to resolve it.
If we can’t resolve it, you can contact the consumer protection agency in your state or territory, or the Australian Competition and Consumer Commission.
General
- These terms are governed by the laws in force in the Australian state or territory where your business is located.
- If any part of these terms can’t be enforced, the rest still applies.
- Anything on our website, including any templates or guides, is general information only and isn’t legal, financial or tax advice.
Questions about these terms? Email hello@pinewright.com.au.