Legal

Terms of Service

Version 2.2 · Last updated 17 August 2026 · WebLift (ABN 86 569 703 289)

1. About these Terms and how the Contract forms

1.1 These Terms of Service ("Terms") govern the supply of services by WebLift (ABN 86 569 703 289) ("WebLift", "we", "us", "our") to the client named in the Proposal & Services Agreement ("Client", "you", "your").

1.2 A legally binding contract (the "Contract") is formed when you accept the WebLift document titled "Proposal & Services Agreement" (the "Proposal & Services Agreement", also referred to in WebLift's systems and correspondence as the "Proposal"), including by signing it electronically (typed or drawn signature), ticking an acceptance checkbox, or otherwise communicating acceptance. By accepting the Proposal & Services Agreement you confirm that you have read these Terms, that you are authorised to bind the Client, and that you intend to be legally bound.

1.3 The Contract consists of, in order of precedence where there is any inconsistency:

(a) the Proposal & Services Agreement, including its pricing, scope, selections and any special conditions;

(b) any service-specific terms set out in it ("Service Terms"); and

(c) these Terms, which are reproduced in full in the Proposal & Services Agreement and published at weblift.com.au/service-terms.

1.4 The Contract may be executed electronically. Electronic signatures and electronic acceptance are valid and binding under the Electronic Transactions Acts of the Commonwealth and the States.

1.5 The version of these Terms current at the time the Proposal & Services Agreement is accepted (as reproduced in, or linked from, it) applies to that Contract. WebLift may update these Terms from time to time for future agreements; updates do not change the terms of a Contract already on foot.

2. Definitions

In these Terms:

• "ACL" means the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• "Admin Panel" means the administrative interface to the Platform for the Client's website and services.
• "AI Features" means features that use artificial intelligence, including chatbots, voice agents, AI-assisted content and automation.
• "Client Content" means content, materials and information supplied by or on behalf of the Client, including branding, logos, text, images, video and business information.
• "Client Data" means data generated or collected through the Services relating to the Client's business, including CRM records, enquiries, bookings, messages, subscriber lists and analytics.
• "Created Materials" means materials created by WebLift or the Platform in the course of providing the Services, including designs, layouts, graphics, written copy and AI-generated content.
• "Minimum Term" means the minimum commitment period stated in the Proposal & Services Agreement, where the Client has selected lock-in pricing.
• "Platform" means WebLift's proprietary website engine, software, systems, code, admin interfaces, integrations and infrastructure used to deliver the Services.
• "Services" means the services described in the Proposal & Services Agreement.
• "Setup Discount" means the difference between the no-lock-in setup price and the reduced setup price actually paid where the Client selected lock-in pricing.
• "Third-Party Services" means services, platforms and providers not owned or controlled by WebLift that the Services depend on, including those listed in clause 9.

3. Term, commencement and renewal

3.1 The Contract starts on the date the Proposal & Services Agreement is accepted and continues until terminated in accordance with these Terms.

3.2 If the Proposal & Services Agreement includes a Minimum Term, recurring Services continue for at least the Minimum Term and then automatically continue month-to-month until terminated under clause 28. WebLift does not automatically renew the Client into a new fixed term.

3.3 If the Proposal & Services Agreement is month-to-month (no lock-in), recurring Services continue month-to-month until terminated under clause 28.

4. The Services and scope

4.1 WebLift will provide the Services described in the Proposal & Services Agreement with due care and skill.

4.2 The Proposal & Services Agreement (including its line items, inclusions and exclusions) defines the scope of the Services. Anything not expressly included is out of scope and, if requested, will be separately quoted and charged.

4.3 Changes to scope must be agreed in writing (email is sufficient) and may affect pricing and timelines.

4.4 Scope definitions. Where the Services include recurring allowances, the following apply unless the Proposal & Services Agreement states otherwise:

(a) a content update round is one batched set of content changes submitted together, up to approximately 30 minutes of work; larger changes are quoted separately, and unused rounds do not roll over;

(b) design revision rounds are as stated in the Proposal & Services Agreement; additional rounds are quoted;

(c) email campaigns are limited to the stated number per month, do not roll over, and require 5 business days' lead time;

(d) advertising optimisation runs on a weekly review cycle, with changes batched into that cycle; pausing the Client's ads is the exception and is actioned promptly; and

(e) included assistance covers routine, batched requests consistent with the relevant service's purpose; it is not an unlimited arrangement, and sustained high-volume requests will be quoted.

5. Client obligations

5.1 The Client must, in a timely manner:

(a) supply the Client Content, information, approvals and feedback reasonably required for the Services;

(b) provide access to accounts and services reasonably required (for example domain and DNS, Google, Meta or other business accounts); and

(c) ensure the information it supplies is accurate, complete and lawful.

5.2 Where a delay is caused by the Client (including late content, feedback or access), timelines extend accordingly and the delay is not a breach by WebLift. Fees remain payable as scheduled.

6. Timelines, revisions and acceptance

6.1 Dates and timeframes given by WebLift are good-faith estimates and depend on the Client meeting its obligations under clause 5. They are not guarantees.

6.2 Deliverables include the number of revision rounds stated in the Proposal & Services Agreement (or, if none is stated, a reasonable number of revisions determined by WebLift acting reasonably).

6.3 If the Client does not provide feedback on a deliverable within 10 business days of it being provided for review, the deliverable is taken to be accepted.

7. The Platform and how WebLift works

7.1 The Client's website and Services operate on the Platform. The Platform is proprietary to WebLift and is provided as a managed service, not as software or code supplied to the Client.

7.2 WebLift continuously maintains and improves the Platform. WebLift may deploy updates, fixes, security patches and feature changes to the Client's website and Services from time to time, provided the core functionality the Client is paying for is not materially reduced.

7.3 Admin Panel access is provided at WebLift's discretion and is not itself a guaranteed feature of the Services. Where WebLift provides the Client with Admin Panel access, the Client may manage the functions made available to it. Where access is not provided, WebLift performs those functions on the Client's behalf on request. WebLift may add, limit or remove Admin Panel access, acting reasonably, including for security reasons.

7.4 WebLift retains administrative and support access to the Client's website, Admin Panel and Services at all times for the purpose of providing support, maintenance and security.

7.5 Security measures. If WebLift reasonably suspects a security incident, compromise or abuse affecting the Client's website or the Platform, WebLift may apply emergency protective measures, including temporarily restricting website functions, forms, payments, messaging or logins, until the issue is investigated and resolved. WebLift will act proportionately and restore normal operation as soon as reasonably practicable.

8. Hosting, maintenance and support

8.1 Where the Proposal & Services Agreement includes hosting and maintenance, it covers hosting of the Client's website on the Platform, Platform updates and security patches, monitoring, and support through WebLift's nominated support channel.

8.2 Hosting and maintenance does not include new features, content creation, redesigns or other work unless expressly included in the Proposal & Services Agreement.

8.3 The Services rely on Third-Party Services for hosting and infrastructure. WebLift does not guarantee any specific uptime percentage and is not liable for downtime caused by Third-Party Services, maintenance, or matters outside WebLift's reasonable control. WebLift will use reasonable efforts to restore availability promptly where the issue is within its control.

8.4 Fair use and growth. If the Client's website or Services outgrow standard infrastructure, WebLift may move the Client to a suitable higher tier with notice and a revised fee, rather than degrade the service. Short maintenance windows may occur; disruptive work is scheduled outside busy hours where practical.

9. Third-Party Services

9.1 The Services depend on Third-Party Services, which include (as applicable to the Client's Services): website hosting and infrastructure (for example Vercel), databases and storage (for example Supabase), payments (for example Stripe), SMS and voice calling (for example Twilio), voice AI (for example Vapi), calendar, analytics and search tools (for example Google), advertising and tracking (for example Meta), email delivery (for example Resend, Mailgun, Cloudflare) and AI model providers (for example Anthropic).

9.2 Third-Party Services are provided under their own terms and privacy policies, and their availability, features and pricing are outside WebLift's control. The Client acknowledges that:

(a) outages, changes, restrictions or discontinuation of a Third-Party Service are not a breach of the Contract by WebLift;

(b) WebLift will use reasonable efforts to adapt the Services or substitute a comparable provider where practicable; and

(c) increases in third-party costs may be passed through to usage-based charges under clause 11.

9.3 Where the Client holds its own account with a Third-Party Service (for example its domain registrar, Google or Meta accounts), the Client is responsible for that account, its fees and its compliance with that provider's terms.

9.4 Advertising platforms. Ad rejections, account restrictions, suspensions and bans are decisions made by the relevant platform (for example Meta or Google). WebLift manages compliance carefully but cannot override those decisions and, to the extent permitted by law, is not liable for them. Account recovery, identity verification and appeals are separate work, quoted on request. Advertising spend is always payable by the Client directly to the platform and is never included in WebLift's fees.

10. AI Features

10.1 AI Features generate responses and content automatically using third-party AI model providers. Despite safeguards, AI outputs may be inaccurate, incomplete or unsuitable, and WebLift does not guarantee the accuracy, completeness or fitness of any AI output.

10.2 WebLift configures and manages AI Features and their knowledge content through the Platform. The Client supplies business information for use by AI Features either directly through the Admin Panel (only where WebLift has enabled that access) or by sending it to WebLift to add on the Client's behalf. WebLift enters supplied information as provided, and the Client remains responsible for its accuracy and currency.

10.3 Information provided for AI use is processed by third-party AI providers under their own terms. The Client must treat all information supplied for AI use as suitable for public disclosure, and must not supply confidential information or sensitive personal information for use by AI Features.

10.4 The Client is responsible for the communications its business makes, including through AI Features, and should review AI-facing information and promptly notify WebLift of anything that needs correction. To the extent permitted by law, WebLift is not liable for individual AI outputs.

10.5 WebLift may apply usage caps, budgets or limits to AI Features, and may modify, restrict or disable an AI Feature where reasonably necessary to manage cost, risk, abuse or a change by a third-party provider.

10.6 Call recording. Where call recording is enabled for voice features, the Client is responsible for ensuring recording is lawful in each State or Territory it operates in, including any required notices or consents under applicable surveillance and listening devices laws.

10.7 AI Features provide business information only. They are not a source of legal, medical, financial or other professional advice, and voice AI services must not be used for emergency or urgent-care lines.

11. Usage-based charges (voice, SMS, AI)

11.1 Voice calling, SMS and AI usage are charged separately and in addition to plan and service fees, based on usage, unless the Proposal & Services Agreement expressly states they are included.

11.2 Rates for usage-based charges are as set out in the Proposal & Services Agreement or as otherwise notified by WebLift, and reflect underlying third-party provider costs, which may change.

11.3 WebLift may include free credits or allowances where expressly stated in the Proposal & Services Agreement. Usage beyond any stated credits or allowances, and all usage where none are stated, is charged as additional.

11.4 Usage-based charges are billed in arrears on the Client's next invoice. Usage is measured by the Platform's records, which are the billing source of truth; voice calls are rounded up to the next whole minute. Services are not cut off when an included allowance is reached unless the Proposal & Services Agreement states otherwise.

12. Fees, invoicing and GST

12.1 The Client must pay the fees set out in the Proposal & Services Agreement and any usage-based charges under clause 11. Setup fees are payable before work commences unless the Proposal & Services Agreement states otherwise. Recurring fees are invoiced in advance at the stated frequency.

12.2 Invoices are payable by the due date stated on the invoice. Unless stated otherwise, prices on tax invoices are GST-inclusive.

12.3 Card payments may attract a surcharge, which will be disclosed at the time of payment and will not exceed WebLift's cost of acceptance.

12.4 WebLift may change recurring fees by giving at least 30 days' written notice. If the Client does not accept a fee increase, it may terminate the affected recurring Services by written notice before the increase takes effect (and, during a Minimum Term, may do so without the payment under clause 13.2 for those Services).

13. Commitment pricing and Minimum Term

13.1 Where the Proposal & Services Agreement offers commitment options, the Client's selection at acceptance applies: lock-in pricing (reduced setup in exchange for a Minimum Term) or no-lock-in pricing (month-to-month at the no-lock-in rates).

13.2 If the Client terminates recurring Services during a Minimum Term (other than under clause 12.4 or for WebLift's uncured breach), the Client must pay the Setup Discount it received. This reflects that the reduced setup price was offered in exchange for the Minimum Term commitment, and restores the no-lock-in setup price. It is not a penalty.

13.3 Fees continue to accrue during any suspension under clause 27 that arises from the Client's non-payment or breach, including during a Minimum Term.

14. Late payment

14.1 If an invoice remains unpaid 14 days after its due date, interest accrues on the overdue amount from that day until payment in full, at the rate of 10% per annum, accruing daily.

14.2 If an invoice remains unpaid 28 days after its due date, WebLift may suspend some or all Services (including the Client's website) under clause 27 until payment in full.

14.3 The Client must reimburse WebLift's reasonable costs of recovering overdue amounts, including debt collection and legal costs.

14.4 WebLift not exercising a right under this clause on one occasion does not waive that right for any other occasion.

15. Stored cards and automatic payments

15.1 Where the Client opts to store a payment card, the card is held by WebLift's payment provider (not by WebLift) and is used to charge invoices in accordance with the Client's auto-pay settings.

15.2 The Client will receive a receipt for each automatic charge. Failed charges may be retried. The Client may turn off automatic payment or remove a stored card at any time via the payment surfaces provided, or by written request to WebLift.

16. Cancellations and refunds

16.1 The Client may cancel a newly purchased Service within 3 calendar days of payment and receive a full refund of that payment, provided work has not commenced. Work is taken to commence when WebLift allocates resources to, or begins any work on, the Service, which may occur immediately after payment.

16.2 Once work has commenced, fees are non-refundable for change of mind, because resources are allocated and costs are incurred from commencement.

16.3 Nothing in this clause excludes, restricts or modifies the Client's rights under the ACL, including any right to a remedy for a failure to comply with a consumer guarantee (see clause 23).

17. Intellectual property

17.1 Platform. WebLift owns all rights in the Platform, including all code, software, systems, admin interfaces and improvements. Nothing in the Contract transfers any ownership of the Platform to the Client. The Client is granted a non-exclusive, non-transferable licence to use the Platform, as configured for the Client, for the duration of the Contract and solely to receive the Services.

17.2 Client Content. The Client retains ownership of Client Content. The Client grants WebLift a non-exclusive licence to host, copy, adapt, display and otherwise use Client Content as reasonably required to provide the Services.

17.3 Created Materials. WebLift owns all Created Materials, including AI-generated content, which form part of the Platform and WebLift's body of work. The Client is granted a non-exclusive, non-transferable licence to use Created Materials as part of its website and Services for the duration of the Contract. This licence ends when the Contract ends.

17.4 The Client warrants that Client Content, and its use by WebLift as contemplated by the Contract, does not infringe the rights of any person and complies with applicable laws.

18. Portfolio rights

18.1 WebLift may identify the Client as a client and display the Client's website and non-confidential work in WebLift's portfolio and marketing. The Client may opt out at any time by written request, and WebLift will cease new uses within a reasonable time.

19. Website policies and Client representations

19.1 The Client is responsible for its own website legal documents, including its website terms and privacy policy, and must supply them to WebLift for publication on the Client's website. It is the Client's responsibility to ensure they are accurate, lawful and suited to its business.

19.2 WebLift may publish a generic placeholder policy on the Client's website so that a policy is in place until the Client supplies its own. Any placeholder is provided as-is, is generic, is not legal advice, is not tailored to the Client's business, and does not satisfy the Client's own legal obligations. The Client must replace it with its own documents.

19.3 The Client is responsible for the accuracy and lawfulness of the business representations on its website and in its communications, including pricing, offers, claims and testimonials.

19.4 Where the Services include gift card or loyalty programs, WebLift configures them to comply with the ACL (including minimum 3-year gift card expiry and no post-purchase fees). Honouring valid cards and rewards with the Client's own customers, and handling any related disputes or refunds, is the Client's responsibility.

20. Data, privacy and security

20.1 Ownership. As between the parties, the Client owns Client Data, including personal information of the Client's own customers collected through the Services. WebLift processes Client Data only as reasonably required to provide the Services, to maintain and secure the Platform, and as otherwise permitted by the Contract or required by law.

20.2 Storage and location. Client Data is stored and processed using Third-Party Services. Some Third-Party Services (including AI providers) may store or process data outside Australia, including in the United States.

20.3 Responsibility split. The Client is responsible for its own privacy compliance in respect of its customers, including its privacy policy and collection notices (clause 19), obtaining any required consents for marketing communications sent through the Services (including under the Spam Act 2003 (Cth) for email and SMS marketing), and call recording compliance (clause 10.6). WebLift will handle personal information in accordance with the Australian Privacy Principles to the extent they apply to it.

20.4 Security. WebLift implements reasonable technical and organisational measures to protect the Platform and Client Data, including access controls, encryption of stored credentials and security monitoring. No system is completely secure, and WebLift does not guarantee that security incidents will not occur.

20.5 Data breaches. If WebLift becomes aware of a data breach affecting Client Data that is likely to result in serious harm, WebLift will notify the Client without undue delay and the parties will cooperate reasonably in any assessment and notification required under the Notifiable Data Breaches scheme.

20.6 Backups. WebLift maintains routine backups for operational and disaster-recovery purposes. Backups are not a substitute for the Client's own record-keeping, and WebLift does not guarantee recovery of any particular data.

21. Confidentiality

21.1 Each party must keep the other party's Confidential Information confidential, use it only for the purposes of the Contract, and not disclose it except to personnel and advisers who need it (and who are bound to keep it confidential), or as required by law.

21.2 "Confidential Information" means non-public information disclosed by one party to the other, including business, customer, pricing and technical information, and in WebLift's case includes the Platform's internals, configurations and credentials. It excludes information that is public through no fault of the recipient or independently known to the recipient.

22. No guarantee of business outcomes

22.1 WebLift will perform the Services with due care and skill. However, business outcomes depend on many factors outside WebLift's control, and WebLift does not guarantee any particular business result, including search engine rankings or visibility, website traffic, lead volume or quality, conversion rates, advertising performance, revenue, or outcomes from AI Features.

22.2 Any figures, examples or projections given by WebLift are illustrative only and are not commitments.

23. Australian Consumer Law

23.1 The Client may have rights under the ACL, including consumer guarantees that services be provided with due care and skill, be fit for purpose, and be supplied within a reasonable time. Nothing in the Contract excludes, restricts or modifies any right or remedy the Client has under the ACL or any other law that cannot lawfully be excluded, restricted or modified.

23.2 To the extent WebLift is permitted to limit its liability for a failure to comply with a consumer guarantee (other than guarantees under sections 51 to 53 of the ACL), WebLift's liability is limited, at WebLift's option, to supplying the services again or paying the cost of having the services supplied again.

24. Limitation of liability

24.1 Subject to clause 23 and to the extent permitted by law:

(a) WebLift's total aggregate liability to the Client arising out of or in connection with the Contract is limited to the total fees paid by the Client to WebLift in the 12 months before the event giving rise to the liability;

(b) neither party is liable to the other for loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, or loss or corruption of data, or for any indirect or consequential loss; and

(c) each party's liability is reduced to the extent the loss was caused or contributed to by the other party.

24.2 Nothing in the Contract limits liability for fraud, or for death or personal injury caused by negligence, or any other liability that cannot lawfully be limited.

25. Indemnity

25.1 The Client indemnifies WebLift against loss, damage, cost (including reasonable legal costs) and liability WebLift suffers arising from third-party claims to the extent caused by:

(a) Client Content, or information the Client supplied for use in the Services (including for AI use);

(b) the Client's instructions; or

(c) the Client's breach of clause 10.6 (call recording), clause 19 (website policies and representations) or clause 20.3 (privacy and spam compliance),

except to the extent the loss was caused by WebLift's negligence or breach of the Contract.

26. Force majeure

26.1 Neither party is liable for a failure or delay in performing its obligations (other than payment obligations) caused by events beyond its reasonable control, including internet or infrastructure failures, Third-Party Service outages, natural disasters, government action or industrial disputes. The affected party must take reasonable steps to mitigate and resume performance.

27. Suspension

27.1 WebLift may suspend some or all Services, giving notice where practicable, where:

(a) an invoice remains unpaid 28 days after its due date (clause 14.2);

(b) reasonably necessary for security, maintenance or to prevent harm (clause 7.5);

(c) the Client breaches clause 30 (acceptable use); or

(d) required by law or a Third-Party Service provider.

27.2 WebLift will lift a suspension promptly once the reason for it is resolved. Suspension does not limit WebLift's other rights, and fees continue to accrue during a suspension caused by the Client.

28. Termination

28.1 Month-to-month Services. Either party may terminate month-to-month recurring Services (including Services that have completed their Minimum Term) by giving at least 30 days' written notice.

28.2 During a Minimum Term. The Client may terminate recurring Services during a Minimum Term by giving at least 30 days' written notice and paying the amount in clause 13.2, together with fees accrued to the end of the notice period.

28.3 For cause. Either party may terminate the Contract immediately by written notice if the other party materially breaches the Contract and fails to remedy the breach within 14 days of written notice, or becomes insolvent. WebLift may also terminate immediately if the Client's use of the Services is unlawful or poses a serious risk to the Platform or other clients.

28.4 On termination: (a) the Client must pay all amounts owing up to the effective date of termination (including under clause 13.2 where applicable); (b) all licences granted to the Client end; and (c) WebLift may take the Client's website offline and cease all Services.

28.5 Clauses that by their nature should survive termination do so, including clauses 13.2, 14, 17, 18, 20.1, 21, 22, 23, 24, 25, 29 and 31.

29. Offboarding and data after termination

29.1 The Client should obtain anything it needs before the Contract ends: where the Client has Admin Panel access, by using the export and download functions available to it; otherwise, by requesting reasonable data assistance from WebLift before the termination date.

29.2 After termination, on the Client's written request made within 30 days, WebLift will use reasonable efforts to provide the Client with an export of its contact list (customer names, email addresses and phone numbers). Exports depend on Third-Party Services and technical limitations, and WebLift cannot guarantee that an export will be available or complete.

29.3 Except as set out in clause 29.2, WebLift does not provide any other materials or data on or after termination. For clarity, the website itself, the Platform, code, designs, graphics, Created Materials, and other Client Data (including bookings, enquiries, messages and meeting records) are not provided. The Client retains ownership of Client Content and any original copies of materials it supplied to WebLift.

29.4 WebLift will delete Client Data within 30 days after termination of the Services, except for: (a) residual copies in routine backups, which are deleted as those backups expire in the ordinary course; and (b) records WebLift is required or entitled to retain by law (including tax and accounting records).

29.5 Domains. Domain names are registered in the Client's name and remain the Client's property at all times. Where WebLift registers or manages a domain for the Client, it does so as the Client's agent, and on termination the domain remains the Client's.

30. Acceptable use

30.1 The Client must not use the Services: (a) for unlawful, misleading or infringing content or conduct; (b) to send spam or unsolicited communications in breach of the Spam Act 2003 (Cth); (c) to harass or abuse any person, including through messaging or voice features; or (d) in a way that disrupts or endangers the Platform, Third-Party Services or other WebLift clients.

31. Disputes and governing law

31.1 Before starting court proceedings (except for urgent injunctive relief or debt recovery), the parties must attempt to resolve any dispute by good-faith discussion for at least 14 days after one party notifies the other of the dispute, and if unresolved, by mediation administered by the Resolution Institute in Melbourne, with costs shared equally.

31.2 The Contract is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of Victoria.

32. General

32.1 Entire agreement. The Contract is the entire agreement between the parties about its subject matter and supersedes prior discussions and representations, except any that cannot be excluded by law.

32.2 Variation. Except as expressly provided in these Terms (including clauses 7.2 and 12.4), the Contract may only be varied in writing agreed by both parties.

32.3 Severability. If a provision is unenforceable, it is to be read down to the extent necessary, or severed, without affecting the rest of the Contract.

32.4 Assignment. WebLift may assign or novate the Contract as part of a sale or restructure of its business, and will notify the Client. The Client may assign with WebLift's consent, not to be unreasonably withheld.

32.5 Subcontracting. WebLift may use subcontractors and Third-Party Services to provide the Services and remains responsible for its obligations.

32.6 Notices. Notices may be given by email to the addresses the parties use for the Contract and take effect when sent, unless the sender receives an automated non-delivery report.

32.7 No waiver. A failure or delay in exercising a right is not a waiver of it.

32.8 Relationship. The parties are independent contractors. Nothing creates a partnership, employment or agency relationship.

Questions? hello@weblift.com.au