By using the Theme Press website, submitting a project enquiry, approving a proposal, paying a deposit, subscribing to a maintenance plan, or engaging our services in any capacity, the Client agrees to the following Terms and Conditions. These terms cover all website projects, AI SEO services, hosting, maintenance, automation, consulting, digital marketing, and support services.
1. Scope of Services
Theme Press provides web design, development, AI SEO, hosting, maintenance, consulting, and automation services. All services are delivered based on the agreed proposal or scope document. Any tasks not explicitly listed in the scope are considered additional services and may incur extra charges.
2. Client Responsibilities
- Provide accurate and complete content, materials, credentials, and brand assets required for the project.
- Respond within reasonable timeframes to avoid project delays.
- Review and approve work within agreed timelines.
- Ensure the accuracy of all content supplied for the website or AI-generated deliverables.
- Maintain up to date login credentials and secure access information.
3. Payments and Billing
A deposit is required to begin any project. Remaining payments are due according to the proposal or invoice schedule. Hosting, maintenance, and AI SEO subscriptions are billed either monthly or annually in advance, as set out in the applicable proposal or invoice, and must be paid via Direct Debit or card billing.
Late or Failed Payments
- Late payments may lead to service suspension after seven days.
- Failed payments or insufficient funds may incur additional fees.
- Suspended websites or services will only be restored after full payment is received.
Refunds
- All payments for time already spent or services already delivered are non-refundable.
- No refunds are provided for monthly maintenance or AI SEO services once the billing cycle has started.
- Hosting, maintenance, and AI SEO plans paid annually in advance are non-refundable and cannot be cancelled or pro-rated partway through the term, as server resources, third party licences, and allocated capacity are committed for the full twelve months at the point of payment or renewal.
- No refunds are provided for digital products or consulting hours.
Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy that the Client may have under the Australian Consumer Law where such rights cannot lawfully be excluded.
4. Changes and Revisions
All quotes are based on estimated hours. Any revisions, additional tasks, new functionality, design changes, content rework, or new features requested outside the original scope will be quoted separately or billed at the standard hourly rate.
5. Maintenance, Hosting, and Automations
Maintenance and hosting plans include defined services such as updates, backups, uptime monitoring, security scans, and support tasks. Any tasks outside the maintenance plan will be billed separately.
Hosting Renewals
Hosting and maintenance plans renew automatically at the end of each term unless cancelled beforehand. Where a plan is billed annually, the full twelve month term is committed at the point of renewal.
Clients who intend to move their hosting elsewhere, or who do not wish to continue, must notify Theme Press in writing before the renewal date. Notice given after a renewal has been processed does not entitle the Client to a refund or a pro-rata credit for the unused portion of the term.
Theme Press will send a renewal reminder to the Client’s nominated billing email address in advance of each annual renewal.
Service Suspension
If a maintenance or hosting subscription is cancelled or unpaid, the website may be temporarily suspended. Data and hosting environments may be removed from our servers ten days after cancellation.
Website Transfer
Upon request, Theme Press can provide an exported database and admin login details. We are not responsible for data loss, transfer errors, or downtime once files have been released. Where a Client transfers their website to another provider partway through a paid term, the remaining term remains payable and non-refundable in accordance with Section 3.
6. AI SEO, AI Content, and AI Automations Disclaimer
- AI generated content, SEO data, and automations are provided using the best available tools at the time of creation. These outputs may require human review.
- Theme Press does not guarantee first page rankings, AI search placement, traffic increases, conversions, or specific outcomes.
- Search engine results can change without notice due to algorithm updates, market shifts, or third party platform changes.
- Clients are responsible for reviewing all AI generated content for accuracy, compliance, and suitability.
- Theme Press is not liable for errors produced by AI platforms, APIs, or third party systems.
7. Third Party Services and Integrations
- Theme Press is not responsible for issues caused by third party hosting, plugins, APIs, software, or service providers.
- We are not liable for downtime, plugin conflicts, data loss, security breaches, or service interruptions caused by third parties.
- Licensing, subscription renewals, and fees for third party tools are the responsibility of the Client unless stated otherwise.
8. Security, Backups, and Data Protection
- Theme Press implements reasonable security practices but cannot guarantee that a website will never be hacked or compromised.
- We are not liable for breaches caused by weak client passwords, insecure hosting, outdated third party plugins, or client installed code.
- Backups are taken according to the maintenance plan. We cannot guarantee zero data loss.
9. Content Ownership and Licensing
- The Client must own or have legal rights to all provided content, images, videos, fonts, and branding.
- Theme Press is not responsible for copyright breaches caused by client supplied materials.
- AI generated content is licensed for client use but may not be legally unique. Clients are responsible for final content approval.
10. Intellectual Property
All custom code, design, and strategy created by Theme Press remains our intellectual property until the project is fully paid. Upon full payment, the Client receives usage rights for their website and assets unless otherwise specified.
11. Limitation of Liability
- All services are provided as is.
- Theme Press is not liable for indirect, incidental, or consequential damages, including lost profits, lost data, or business interruption.
- Our total liability is limited to the value of the fees paid for the specific service in question.
12. Termination
Either party may terminate the agreement with written notice. Early termination may result in additional fees if work has been started or completed. Fees already paid for a committed hosting or maintenance term remain non-refundable on termination. Theme Press reserves the right to suspend or terminate services due to non-payment, abuse, or breach of terms.
13. Support, Response Times, and SLA
Support is available Monday to Friday during business hours. Response times depend on workload and plan level. Critical issues and outages are prioritised. SLA applies only to clients actively subscribed to a maintenance plan.
14. Updates to Terms
Theme Press may update these Terms at any time. Continued use of our website or services indicates acceptance of any updated terms. The Terms applicable to a given engagement are those in effect at the time of purchase or renewal.
15. Contact Information
Theme Press Pty Ltd
Sydney, Australia
Email: info@themepress.com.au