1. Who these terms cover
Refined IT means Refined IT Pty Ltd, ABN 24 166 216 744, in Western Australia. You or the customer means the person or organisation named in the accepted quote, proposal, service order or statement of work. The person accepting an order for an organisation must have authority to do so.
These terms cover the services identified in that order, which may include websites, software, design, search engine optimisation, advertising management, IT support, cloud services or business systems. An enquiry, a preliminary discussion or simply browsing this website does not, by itself, commit you to buy a service.
2. Your agreement and service order
Before work starts, we will identify the scope, deliverables, price, payment stages, relevant assumptions and any ongoing commitment in an order you can review. Acceptance must be recorded, such as through written approval or an agreed checkout process, and confirmed by us. A payment is acceptance only where the order clearly explains that effect before payment.
Mandatory law takes priority. Subject to it, an expressly negotiated written variation takes priority over the relevant service order, which takes priority over the applicable service-specific terms and then these general terms. A more specific document prevails only for the issue it addresses. We will identify applicable third-party licence or registrar terms before you commit to the relevant service.
Hosting, domains and use of our infrastructure are also addressed in our hosting terms, domain terms, acceptable use policy and delivery policy. Our privacy policy explains proposed personal information handling; it is not a waiver of privacy rights.
3. Your consumer rights
Nothing in these terms excludes, restricts or modifies a guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law. These rights can apply to business purchases as well as personal purchases.
Where applicable, services must be supplied with due care and skill, be reasonably fit for a disclosed purpose and be delivered within a reasonable time if no time is agreed. If a service fails to meet a non-excludable guarantee, the available remedies depend on the circumstances and may include rectification, cancellation, a refund or compensation. A service credit or a third-party refund policy does not replace a remedy required by law.
4. Scope, revisions and changes
The order will distinguish included work from optional work, third-party charges and ongoing support. Revision rounds, content entry, integrations, migration, training and handover are included only to the extent described in the agreed scope.
If either party requests a change, we will explain its effect on price, timing and responsibilities and obtain agreement before performing chargeable additional work. We will not treat a request for clarification or the discovery of a defect in our agreed work as automatic approval for extra charges. Urgent work follows the authority and spending limit you have expressly approved.
5. Your information and approvals
You must provide reasonably requested information, lawful content, appropriate access and timely decisions needed for the agreed work. Tell us about relevant deadlines, system constraints, accessibility needs and legal or industry requirements before we finalise the scope. You remain responsible for the accuracy and rights in material you supply, while we remain responsible for the work we agree to perform.
We will give you a reasonable opportunity to review deliverables against the agreed scope. Approval authorises the identified next stage or launch; it does not waive rights concerning defects that were not reasonably apparent or rights protected by law. Silence does not, by itself, approve new charges or materially changed deliverables.
6. Timing and delivery
We will distinguish target dates from expressly agreed critical deadlines. Delivery depends on the work described in the order and identified dependencies such as content, access, approvals, domain changes and third-party verification. If a dependency or other event is likely to affect delivery materially, we will explain the impact and agree a practical next step.
We must take reasonable steps to prevent or reduce delays within our control. A third-party dependency does not automatically release us from responsibility for our own service. Material delay and failure to supply are addressed through the order and applicable law, including any right to cancel and recover amounts for work not supplied.
7. Fees, invoices and payments
The order will state prices, GST treatment, payment dates and any deposit, recurring charge or minimum term. Advertising spend, domain charges, hosting, software subscriptions and other third-party costs must be clearly identified where they are additional. We will not add a payment surcharge or administration charge that was not properly disclosed and agreed or that exceeds what the law permits.
If you dispute an invoice, contact us promptly with the disputed item and reason. Pay any undisputed amount when due while we work through the issue. A genuine dispute will be considered before collection or suspension action; it does not create a right to withhold every unrelated payment.
For overdue undisputed amounts, we may request payment and explain any proposed restriction on the affected service, allowing a reasonable opportunity to respond or remedy the default. Any recovery charge must be lawful, proportionate, actually incurred where applicable and supported by the agreement. We do not impose an undisclosed default interest rate through this page.
8. Ownership, licences and handover
You retain ownership of your existing content, trademarks and data. You give us permission to use them only as reasonably needed to deliver the agreed services. You must hold the necessary permissions for material you ask us to use.
Ownership of bespoke final deliverables expressly identified for transfer in the order transfers when the agreed fees for those deliverables have been paid. Pre-existing tools, reusable components, methods and third-party materials retain their existing ownership. Where these are required to use the paid deliverable, the order must identify the licence or access needed for its intended use. Open-source, fonts, stock assets and plugins remain subject to their applicable licences.
The order will identify handover materials, administrator access, source files, training and any ongoing licence fees. We will not use an unrelated payment dispute to claim ownership of your domain registration or customer data. Access and export may require identity checks and agreed migration work, but must respect your legal rights.
Use of your name, logo, non-public work or results in a portfolio or case study requires your approval unless a separate, clear permission has already been agreed.
9. SEO, advertising and external platforms
We will perform the agreed research, implementation, management or reporting with reasonable care and skill. Search rankings, advertising approval, traffic, leads, sales and return on advertising spend depend on factors outside any provider’s complete control and are not guaranteed unless a specific commitment is expressly agreed and lawful.
The order will identify who controls advertising and analytics accounts, who pays platform charges and what access is needed. External platforms can change their systems and policies. We will explain material changes affecting our agreed work and seek approval for additional work where appropriate. These limitations do not excuse a failure to carry out the services we promised.
10. Support, security and information
Support hours, maintenance, monitoring, backups and response targets are those expressly included in the order. Launching a website or supplying software does not automatically include unlimited future changes or a continuous support service. Any separate defect correction or warranty arrangement must be explained without limiting statutory rights.
Both parties must use reasonable care with credentials and confidential information and notify the other of a material security issue affecting the service when reasonably appropriate. You must authorise access to systems you control. We will use that access only for the agreed work and related legitimate administration. No service can promise immunity from every attack or outage.
Confidential information must be used only for the agreed work or another authorised purpose and shared only with people who need it and are subject to appropriate obligations, except where disclosure is required by law. We remain responsible for our contracted work when using subcontractors. Client confidential information must not be entered into an external AI service for an unrelated purpose or model training without appropriate authority and safeguards.
11. Cancellation, suspension and exit
You can request cancellation by contact form or by calling (08) 9291 3284. We will verify authority where needed and confirm the affected services, proposed end date and any consequences. An administrative confirmation step must not be used to frustrate a valid cancellation request.
For cancellation for convenience, the order determines any valid notice or minimum-term commitment. Charges must fairly reflect work performed and reasonable, unavoidable commitments made with your authority, taking account of costs saved and our duty to reduce loss. A deposit is not automatically forfeited in full. Unearned amounts are refundable where required by the agreement or law. Different remedies apply where cancellation results from our breach or a failure of consumer guarantees.
For a material breach, the affected party should give notice explaining the breach and a reasonable opportunity to remedy it where possible. Immediate, proportionate restriction may be necessary for unlawful activity, a serious security risk or a binding legal direction. We will explain the action as soon as reasonably possible unless prohibited by law.
On exit, we will identify a practical handover or export process and any agreed assistance charges. Hosting retention, backups, domain transfers and deletion are governed by the relevant service terms. We will not promise that data remains recoverable indefinitely after a service ends.
12. Responsibility and complaints
Each party is responsible for loss for which it is legally liable and must take reasonable steps to reduce avoidable loss. These terms do not impose a blanket release, indemnity or arbitrary liability cap. Any separately negotiated allocation of risk must be clear, appropriate to the service and permitted by law; it cannot remove non-excludable rights.
If something has gone wrong, contact us with the relevant service, the issue and the outcome you seek. We will acknowledge the complaint, identify the next step and keep you informed while it is assessed. Neither party is prevented from seeking urgent relief, using an applicable regulator or dispute scheme, or exercising a legal right.
13. Updates and governing law
The version accepted with your order forms part of that agreement. Updating a website does not automatically replace an existing agreed contract. A material change affecting an ongoing service must follow a lawful agreed variation process, with clear notice and appropriate choices. We will not retrospectively impose new fees or remove accrued rights merely by changing this page.
Western Australian law governs the agreement, subject to mandatory laws and rights that apply elsewhere. Nothing requires a customer to use a court or process that unlawfully restricts those rights. If a provision cannot lawfully operate, it is ineffective to that extent without unnecessarily affecting the remaining agreement.