Service Agreement | Offsider Agency

1. Who this is between

This agreement is between Jordan Ong, ABN 63 990 880 663 (we, us, our — trading as Offsider Agency) and the business named on the Order Form (you, your). The Order Form and this agreement together form the whole contract. If they conflict, the Order Form wins.

2. What we do

We build, host and maintain your website, and provide the ongoing plan you selected. The specific pages, features and inclusions are listed on your Order Form. Anything not listed there is not included.

3. What you do

You'll give us the content we need — text, photos, logos, business details, access to your domain and Google account — within 14 days of paying your deposit. If content is outstanding for more than 30 days, we'll build with placeholders and go live, and the balance falls due. We can't hit a launch date on content we don't have.

4. Revisions

Your build includes two rounds of revisions. A round means one consolidated list of changes from you, actioned by us. Changes requested after those two rounds, or that change the agreed scope, are billed at $110/hour, quoted and approved by you in writing before we start.

5. Money

Prices are in Australian dollars and exclude GST. Where GST applies it will be added and shown on your tax invoice.
The deposit is payable when you sign. It covers work already performed — we build your site before we show it to you — so it is not refundable once the site has been presented to you.
The balance is payable on go-live.
Your monthly plan starts on go-live and is billed monthly in advance by card or direct debit.
Invoices unpaid after 14 days attract interest at 2% per month on the overdue amount.

6. If you don't pay

If a monthly payment fails, we'll email you. If it's still unpaid 14 days after that email, we may suspend your site until the account is current. We will always give you that 14 days' written notice first — we will never take a site down without warning.

7. Your plan, and how to leave

Monthly plans run month to month and renew automatically.
You can cancel any time with 30 days' written notice. No exit fee, no minimum term.
We can cancel with 30 days' written notice.
We may change plan pricing once per 12 months with 60 days' written notice. If you don't accept the new price, you can cancel before it takes effect at no cost.

8. What you keep if you leave

This is the part most agencies hide. Ours:

Your domain is yours. It is registered in your name, in your account, and stays yours whether or not you're a client. We never hold a domain.
Your content is yours — your text, images, logo, customer data.
On cancellation we'll give you a complete export of your website files and database at no charge, within 14 days of your request, so another provider can host it.
What we keep: the reusable templates, components, code libraries and systems we built before and outside your project, and any phone number we supplied and pay for. If you want to keep the tracking number, we'll port it to you at cost.
Your site will be taken offline 30 days after your plan ends.

9. Who owns the website

On full payment of the build fee, we transfer to you all rights we hold in the custom design and content produced specifically for you, to the extent those rights exist. You get a perpetual, worldwide licence to use anything we can't transfer.

We build using AI-assisted tooling and reusable frameworks. This means: (a) parts of your site may not attract copyright protection in anyone's hands, including yours, and we can't promise otherwise; and (b) we keep the right to reuse our underlying templates, code and methods on other projects. We won't reuse your branding, copy, photos or business information.

10. Third-party services

Your site and services run on third-party platforms (hosting, CRM, payments, phone, Google). Those platforms have their own terms and their own outages. We'll pick sensible providers and manage them for you, but we're not responsible for their failures, price changes, or decisions.

11. Call tracking and recorded calls

If your plan includes a tracking number, AI receptionist, or call recording, calls to that number may be recorded, transcribed, or answered by an automated system. Australian law requires callers to be told. You are responsible for the notification message being played and for disclosing this to your customers. We'll supply the wording; you must not disable it.

12. Privacy

We'll handle any personal information we access on your behalf only to provide these services, and we won't sell it or use it for anything else. You're responsible for your own privacy obligations to your customers, including having a privacy policy where one is required.

Our own privacy policy is at offsider.agency/privacy.

13. Your content is your responsibility

You promise that any text, images, logos, reviews and claims you give us are true, and that you have the right to use them. If we get a claim because something you supplied wasn't yours or wasn't true, you'll cover us for it.

14. What we promise, and what we don't

We'll perform these services with due care and skill.
We do not guarantee results. No guarantee of leads, enquiries, sales, revenue, Google rankings, or ad performance. Anything we've said about typical outcomes is an example, not a promise.
We aim for high availability but don't guarantee uninterrupted uptime.

15. Consumer guarantees

Nothing in this agreement excludes, restricts or modifies any right you have under the Australian Consumer Law that can't be excluded. Where we're allowed to limit our liability for services, we limit it to resupplying the services or paying the cost of resupply.

16. Liability

Apart from clause 15, our total liability to you for anything connected to this agreement is capped at the total fees you paid us in the 12 months before the claim. Neither of us is liable for indirect or consequential loss, including lost profits or lost business.

17. Subcontractors

We may use subcontractors. We stay responsible to you for their work.

18. Showing your project

We'd like to feature your site in our portfolio and marketing. Tell us in writing if you'd rather we didn't, and we won't.

19. Confidentiality

Neither of us will disclose the other's confidential business information except as needed to deliver the services or as required by law.

20. If something goes wrong

Talk to us first — email hello@offsider.agency and we'll respond within 5 business days. If we can't sort it out, either of us can refer it to the Victorian Small Business Commission for low-cost mediation before starting court proceedings. Nothing here stops either of us seeking urgent relief from a court.

21. General

This agreement is governed by the laws of Victoria, Australia.
We may update these terms with 30 days' written notice. If you don't accept the change, you can cancel before it takes effect at no cost. Changes never apply retrospectively.
Notices go to the email addresses on the Order Form.
If any clause is unenforceable, the rest still applies.

Contact

Offsider Agency
ABN 63 990 880 663
5 Seminary Crescent, Scoresby VIC 3179
Email: hello@offsider.agency
Phone: 0481 321 269