Terms of Service.

1. About these terms

In shortThese terms apply when you ask for a Free Build or use any Thrune plan. They are for businesses.

1. These terms apply to every service we provide to you: the Free Build, the Launch, Automate and Scale plans, and any extra work we agree to do.
2. You accept these terms when you send us a Free Build request, approve your site, or pay an invoice, whichever happens first. If you accept for a business, you confirm you have authority to bind that business.
3. Our services are designed for businesses, not personal or household use. The Australian Consumer Law still applies where it applies (see section 13). Nothing in these terms takes away rights it gives you.
4. If you are outside Australia, your local law may also give you rights that cannot be excluded. These terms don't take those away either.
5. For Scale, we will also send you a written proposal. If the proposal and these terms conflict, the proposal wins for that point only.

2. Words we use

• Free Build: the free design and build described in section 4.
• Kick-off Call: the first call where we agree what we're building.
• Preview: the private, non-public link where you see your site during the Free Build.
• Launch Date: the day your site goes live on your domain after you approve it.
• Plan: the monthly plan you choose (Launch, Automate or Scale), with the limits in Schedule 1.
• Monthly Fee: the price of your Plan for your region, as shown on our website when you approve your site, or in your Scale proposal.
• Deliverables: what we make for you: site design and code, automation set-ups, 3D models and related files.
• Your Content: everything you give us: text, photos, logos, product information, data and files.
• Our Tools: our own code, templates, components, methods and know-how that existed before your project, or that we make for general use.
• Ownership Point: the moment you have paid six Monthly Fees in full for the same site (they don't need to be in a row), or have paid a Buy-out under section 11.
• Business Day: Monday to Friday, except public holidays in Sydney, New South Wales.

3. How we work together

In shortAsk. Talk. We build it free. You approve it. It goes live, and your monthly plan starts.

1. Request. You send a Free Build request through our website or by email.
2. Kick-off Call. We agree what we're building, within your chosen Plan's limits, and confirm it by email.
3. Free Build. We build your site on a Preview, free (section 4).
4. Approval and launch. You approve the site and choose your Plan. We put it live (section 5).
5. Monthly plan. From the Launch Date, we host, watch, fix and improve it under your Plan, and invoice you monthly.

4. The Free Build

In shortWe design and build your site before you pay anything. If you don't go live, you owe nothing and the Preview is taken down. One Free Build per business.

4.1 What's included

• Launch and Automate: design and build of your website, up to 5 pages, on a Preview, with the editor set up so you can change words and photos yourself.
• Automate also includes your first automation, built and tested, ready to switch on at launch. Your other automations and your 3D showpiece are built after launch, one at a time, usually within your first two paid months.
• Scale starts with a call and a written proposal. We may offer a Free Build for the website part of a Scale project; the proposal will say so.
• Two rounds of changes. A round is one list of changes you send us together. More changes can wait until after launch, when your Plan's monthly change time applies.

4.2 How long it runs

1. The Free Build runs for 30 days from the Kick-off Call (the Free Build Period).
2. If we are running late, the Free Build Period is extended until we deliver the Preview and both rounds of changes.
3. We need Your Content within 7 days of the Kick-off Call. If we still don't have what we need by day 14, we may pause the Free Build or close it by telling you by email.

4.3 It costs nothing, and nothing is charged automatically

1. We don't ask for a card or payment to start. The Free Build costs you nothing, whether or not you go live.
2. Paid third-party items you choose to buy during the Free Build, such as a domain name, are bought in your name and paid by you directly. We will always ask first.

4.4 If you don't go live

1. If you haven't approved the site by the end of the Free Build Period, your Preview stays up for 14 more days. You can still approve it during that time.
2. After that, we take the Preview down, return Your Content on request, and delete our copy within 30 days.
3. The Deliverables stay ours. The Preview is only for you to review. You may not copy, publish or have someone else rebuild its design or code unless you go live with us or pay a Buy-out under section 11.4.

4.5 Who can have one

1. One Free Build per business. That includes related businesses and businesses with the same owners, ABN or domain.
2. We may decline a request, for example if the project is outside what we do or larger than the Plan covers. In that case we may offer a quote instead.
3. We may end a Free Build early if it is being used in bad faith, for example to collect designs with no intention of going live.

5. Going live

In shortYou approve in writing. We launch, usually within 2 Business Days. Your Plan and first invoice start on the Launch Date.

1. You approve your site and choose your Plan in writing, by email or through the approval page we send you.
2. We put the site live within 2 Business Days of your approval, once we have the access we need to your domain. Delays at your domain provider are outside our control.
3. Your Plan starts on the Launch Date. That's also the date of your first invoice.
4. On Automate, your automations switch on at launch.

6. Plans and what's included

In shortEach Plan has clear limits (Schedule 1). We never bill extra work without your written OK.

1. Limits. Each Plan includes what's listed in Schedule 1.
2. Monthly change time. Small changes (new text, photos, a tweak to a section, a small fix to an automation) come out of your Plan's monthly change time. It's counted in 15-minute blocks. Unused time doesn't carry over to the next month.
3. Bigger work. New pages, new features, new automations beyond your Plan, or work beyond your monthly change time is quoted first. We only do it with your written OK. We tell you before you reach your change time.
4. Automations. The limit is how many automations are running at once. One automation is one job done start to finish, such as sorting and answering a new lead. Fair use is 2,000 automation runs a month on Automate. If you regularly go over, we'll talk with you before anything changes.
5. Third-party costs. Some automations need paid outside services, such as SMS, a paid app, or AI use above fair use. We tell you before you incur any cost. You can pay it directly on your own account, or we pass it on at cost with no markup.
6. Hosting. Hosting is included for the site we build, for the traffic of a typical small business. If your site needs much more, we'll suggest the right Plan or set-up before anything changes.
7. Scale. Your proposal sets the scope, monthly hours and service levels for your named engineer. "Unlimited automations" means we keep building new ones for you, one at a time, for as long as you're on Scale.

7. Fees, invoices and GST

In shortMonthly invoice from the Launch Date, due in 7 days. No automatic charges. Price locked for 12 months.

1. Price. Your Monthly Fee is the price for your Plan and region on our website when you approve your site, or the price in your Scale proposal. It's in that region's currency.
2. Invoices. We invoice monthly in advance, on the Launch Date and the same date each month after. Invoices are due 7 days after we send them, by the payment methods shown on the invoice.
3. No automatic charges. We never charge a card or account automatically unless you have set that up with us in writing.
4. Price lock. We won't raise your Monthly Fee during your first 12 months after launch. After that, we give you at least 30 days' written notice of any increase, and you may cancel before it takes effect.
5. GST. We are not yet registered for GST, so no GST is charged. If we register, we will give you at least 30 days' written notice before GST appears on your invoices, and send tax invoices from then on. You may cancel before it takes effect.
6. Other taxes. If you are outside Australia, you are responsible for any import tax, withholding or bank fees in your country.

8. Late or missed payments

In shortReminders first. Work pauses at 7 days overdue. After written notice, the site pauses at 21 days overdue. No late fees.

We don't charge late fees or interest. If you are having trouble paying, talk to us early. We would rather agree a plan than pause your site.

9. Changing plans

In shortUpgrades start right away. Downgrades start at your next invoice.

1. Upgrades start when we confirm them. We invoice the difference for the rest of the current month, worked out by day.
2. Downgrades start at your next invoice date. If you are over the new Plan's limits, such as running more automations, tell us which to switch off. If you don't, we switch off the most recently added ones.
3. Each paid month on any Plan counts towards the Ownership Point.

10. Cancelling

In shortCancel any month by email. It ends when your paid month does. Before the Ownership Point, choose a Buy-out or a take-down.

1. You can cancel at any time by emailing us. There's no minimum term and no exit fee.
2. Cancellation takes effect at the end of the month you've already paid for. We send no more invoices. We don't refund part-months, except where the law requires it (section 13).
3. You can cancel a Free Build at any time. It costs nothing.
4. If you cancel before the Ownership Point, you choose one of these:
   • Buy-out: pay the Buy-out in section 11.4 and we hand over the site and files. They are then yours.
   • Take-down: we take the site and automations offline at the end of your paid month.
   If you don't choose within 14 days of cancelling, we use take-down.
5. If you cancel after the Ownership Point, we hand over your site's code and files within 10 Business Days, and help you move hosting elsewhere.
6. Either way, your domain is yours. We help you point it elsewhere, return Your Content on request, and delete our copies within 30 days.

11. Who owns what

In shortYour domain, content and accounts are always yours. The site's design and code become yours after six paid months, or any time with a Buy-out.

1. Always yours. Your Content, your domain name, and accounts set up for you (such as Google Business, email and payment accounts). We register domains and accounts in your name wherever we can. We never hold a domain or account back to pressure you. You let us use Your Content only to provide our services.
2. Before the Ownership Point. We own the Deliverables. While your Plan is active, you have a licence to use them for your business.
3. At the Ownership Point. We transfer the copyright and other rights in the Deliverables to you. We keep Our Tools, but you get a permanent, free licence to use any of Our Tools built into your Deliverables, for that site. Open-source and other third-party parts stay under their own licences.
4. Buy-out. You can reach the Ownership Point early by paying the Monthly Fees left until six paid months: (6 − Monthly Fees paid) × your current Monthly Fee. For example, if you've paid two months, the Buy-out is four Monthly Fees.
5. Portfolio. We may show your live site in our portfolio. Tell us if you'd rather we didn't, and we won't.

12. Support and service levels

In shortWe watch your site 24/7. Reply times and outage response times are in Schedule 2. If we miss an outage response time, you get money off your next invoice.

1. We monitor your site and automations 24/7, keep them updated and secure, and back up your site daily, keeping each backup for 30 days.
2. We aim to meet the targets in Schedule 2.
3. Service credits. If we miss the "site or automation down" start time in Schedule 2, you get a credit of 10% of that month's Monthly Fee for each miss, up to 50% a month. Ask for it within 30 days, and it comes off your next invoice.
4. Targets and credits don't apply to problems caused by: outages at our hosting or other outside providers, or your domain registrar; changes made by you or someone you engaged; scheduled maintenance we told you about at least 48 hours ahead; or events outside our reasonable control.
5. Report urgent problems by email with "DOWN" in the subject line. The clock starts when we get it, or when our monitoring alerts us, whichever is first.

13. Our promise, refunds and the law

In shortIf something we built doesn't work as agreed, we fix it at no cost. Your rights under the Australian Consumer Law always apply.

1. Fix-it promise. If a Deliverable doesn't work as we agreed, tell us and we fix it at no cost. It doesn't use your change time.
2. Refunds. If we can't fix a serious problem within a reasonable time, we refund the Monthly Fees for the affected period.
3. Australian Consumer Law. 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. If a failure does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done, you are entitled to cancel the contract and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the service.
4. Where the law allows, and because our services aren't of a kind usually bought for personal or household use, our liability for breaching a consumer guarantee is limited to supplying the services again or paying the cost of having them supplied again.

14. Your responsibilities

In shortSend us what we need on time, only send content you have the right to use, and use what we build lawfully.

1. Give us accurate information, timely feedback and approvals, and the access we need to your accounts and domain.
2. Only give us content you own or have permission to use. You are responsible for Your Content being lawful and accurate, including product claims, prices and pricing displays, and the privacy notice on your own site.
3. Don't use our services for anything unlawful, misleading, harmful or abusive, or to send spam.
4. Keep your own passwords safe and tell us straight away if you think an account has been compromised.

15. Data, privacy and AI

In shortWe follow our Privacy Policy, use your customers' data only to run your services, and tell you quickly if something goes wrong.

1. We handle personal information about you as set out in our Privacy Policy.
2. Your site and automations may process personal information about your own customers. For that information we act on your instructions, use it only to provide our services to you, keep it secure, and don't sell it.
3. You are responsible for having a lawful basis and a privacy notice for the personal information your business collects.
4. If we become aware of unauthorised access to personal information we handle for you, we tell you without undue delay and help you meet any obligations you have to notify people or regulators.
5. Some automations use outside AI services, for example to draft replies. AI output can be wrong, so we set automations up with sensible checks, and you decide which tasks may run without a person reviewing them. We don't use your data to train AI models, and we only choose AI providers whose terms say they don't train on it either.

16. Confidentiality

1. Each of us keeps the other's confidential information private and only uses it for this agreement. This doesn't apply to information that is public through no fault of the person receiving it, or that the law requires to be disclosed.
2. This section continues after the agreement ends.

17. Liability

In shortEach side's liability is capped at three months of fees, and neither side is liable for indirect losses. The law's protections still apply.

1. Nothing in this section limits any right or liability that the law doesn't allow to be limited, including under the Australian Consumer Law.
2. Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, data or goodwill.
3. Each party's total liability under or in connection with this agreement is limited to the Monthly Fees paid or payable in the 3 months before the event giving rise to the claim. During a Free Build, before any fees are paid, that limit is AUD $500.
4. These limits don't apply to: your obligation to pay fees; a breach of confidentiality; fraud or wilful misconduct; personal injury or death; or the protections in section 17.5.
5. Each of us protects the other against claims by third parties that material we supplied infringes someone else's intellectual property: you for Your Content, and us for the Deliverables, excluding Your Content and third-party parts.
6. Each of us must take reasonable steps to reduce any loss.

18. When we can end the agreement

1. Either of us may end the agreement by written notice if the other seriously breaches it and doesn't fix the breach within 14 days of being asked, or if the other becomes insolvent.
2. We may suspend or end services straight away if they are used unlawfully, or to protect the security of our systems or other customers. We tell you why.
3. We may end the agreement for any reason with 60 days' written notice. If we do that before the Ownership Point, we hand over your site and files for free, as if you had reached the Ownership Point.
4. Sections 10.6, 11, 13, 16, 17 and 20 continue after the agreement ends.

19. Changes to these terms

1. We may update these terms. For current customers, we give at least 30 days' written notice of any change that isn't in your favour. You may cancel before it takes effect.
2. If you cancel because of such a change before the Ownership Point, the Buy-out is halved.
3. The version that applies to a Free Build is the one shown here on the day you send your request.

20. Disputes

1. If something goes wrong, email us first. We reply within 5 Business Days.
2. If we can't sort it out within 20 Business Days, either of us may refer it to mediation through the Resolution Institute. We share the mediator's fees equally.
3. This doesn't stop either of us seeking urgent relief from a court, or you contacting a consumer or small-business regulator, such as the ACCC or the Australian Small Business and Family Enterprise Ombudsman.

21. General

1. Governing law. These terms are governed by the laws of New South Wales, Australia. Each of us submits to the non-exclusive jurisdiction of its courts.
2. Notices. Notices may be sent by email: ours to the address at the top of this page, and yours to the email address you gave us. A notice is received when sent, unless the sender gets a delivery failure message.
3. Events outside our control. Neither of us is responsible for delays caused by events outside our reasonable control, but we each keep the other informed and do what we reasonably can.
4. Subcontractors. We may use trusted subcontractors. We stay responsible for their work.
5. Transfer. Neither of us may transfer this agreement without the other's consent, except that we may transfer it to the legal entity we register for the Thrune business, or to a buyer of that business, if we tell you in writing.
6. Whole agreement. These terms, any Scale proposal, and anything we agree in writing are the whole agreement between us.
7. Severability. If any part of these terms is unenforceable, it is read down or removed, and the rest still applies.
8. Waiver. Not enforcing a right straight away doesn't mean giving it up.

Schedule 1: Plan limits

Prices for each Plan and region are on our pricing page.

Schedule 2: Support targets

Business hours are 9am to 5pm Sydney time on Business Days.