Our service agreement

1. The parties

1.1 This Agreement is between:
(a) the sole trader trading as Mira Websites (registered business name), ABN 33 494 081 716, of Mernda, Victoria ("Mira Websites", "we", "us"); and
(b) the business named in the Order Form ("you", "the Client").

1.2 This Agreement is made up of:
(a) these terms;
(b) the Order Form (your chosen Plan, price, start details); and
(c) the Plan Schedule (Schedule 1). If they conflict, the Order Form prevails, then Schedule 1, then these terms.

1.3 How we met — cooling-off. The Order Form records how we met. If we approached you (in person, by phone or at your premises) without you asking us to, and this Agreement is an unsolicited consumer agreement under the Australian Consumer Law:
(a) we will give you the cooling-off notice and the information the Australian Consumer Law requires, with the Order Form;
(b) you may cancel this Agreement within 10 Business Days after you sign the Order Form (or any longer period the law gives you), without giving a reason and without paying anything; and
(c) we will not start any work, and will not ask for or accept any payment, during those 10 Business Days.

2. Definitions

"Approval Date" the day you confirm, on the Sign-up Page, that you approve the finished Website and you complete payment set-up (clause 4.4).
"Start Date" the Approval Date. Your monthly fee starts on this day (clause 5.1A).
"Go-Live Date" the date your website is published on your domain after your approval and payment set-up under clause 4.4.
"Minimum Term" 12 months starting on the Start Date (clause 11.1). "Monthly Billing Date" the Start Date and the same day in each following month, on which your monthly fee is charged.
"Billing Period" the period from one Monthly Billing Date up to the day before the next one.
"Order Form" the digital order form for your Plan, numbered OF-YYYY-NNN, that we send you and you sign by accepting it online. It records your business name and ABN, your contact details and email for notices, your domain, your Plan and monthly fee, any launch price and the standard price that follows it (clause 5.6A), how we met (clause 1.3), whether we may show your Website in our portfolio (clause 9.6) and any special conditions. The email for notices is the email you use to set up payment on the Sign-up Page.
"Sign-up Page" the personal web page we send you, with your Order Form number, where you approve the Website, accept this Agreement and set up payment.
"Plan" the service plan in the Order Form, as described in Schedule 1.
"Client Content" text, images, logos, videos, trademarks, product and business information you give us.
"Website" the website we design and build for you, including its design, layout, code and templates, but excluding Client Content.
"Edit" a change to existing content as defined in clause 6.
"Business Day" a day other than a Saturday, Sunday or public holiday in Victoria.
"Written" includes email.

3. What we provide

3.1 For the Plan you choose, we will:
(a) design and build the Website;
(b) write or polish the website copy, based on information you give us;
(c) host the Website and keep it secure and up to date;
(d) set up your contact form(s), as shown in Schedule 1, which send enquiries to you and a confirmation email to the person who enquired (plain on Starter; in your branding on Business and Pro);
(e) provide business email on your domain (clause 8);
(f) set up (and, on Business and Pro, optimise) your Google Business Profile, as shown in Schedule 1;
(g) provide basic on-page SEO setup (titles, descriptions, site speed, structured data, sitemap);
(h) on Business and Pro, send you a simple monthly report (visits, enquiries, clicks on your phone number where tracked); and
(i) make Edits within your Plan allowance (clause 6).

3.2 Anything not listed in your Plan is outside scope. We will quote any additional work in writing before starting it.

3.3 Not included unless agreed in writing: online stores/e-commerce, paid advertising management, ongoing SEO campaigns, photography, logo design, bulk email marketing, and third-party software licences.

4. Build, review and approval

4.1 After you sign the Order Form, we will hold an onboarding call and send you a short brief to confirm what the Website will include. If clause 1.3 applies, we do this only after the 10 Business Day cooling-off period has ended.

4.2 Our target is to deliver a preview of the Website within 10 Business Days after we receive the information and materials we reasonably ask for. Timeframes depend on you providing these promptly.

4.3 You can review the preview on a private link and request changes. Your Plan includes the number of revision rounds shown in Schedule 1 before launch. Further rounds are charged at the rate in Schedule 1.

4.4 You review the finished Website on a private preview address (for example dev.yourbusiness.com.au). When it is ready, we ask for your approval by sending you a link to your Sign-up Page. The Sign-up Page shows the preview address and the date of the version you are approving. You approve the Website by ticking the approval box on the Sign-up Page and completing payment set-up. The day you do both is the Approval Date and the Start Date. The Website goes live only after you have approved it and set up payment. We will never treat silence or a lack of response as approval.

4.4A You must approve the Website and set up payment within 10 Business Days after we send you the Sign-up Page link. If you don't, we may treat this Agreement as cancelled by you, and the build cancellation fee in clause 5.4 applies. Before we do this, we will remind you in Writing at least 3 Business Days before the deadline. If you tell us before the deadline that you want changes within your revision rounds (clause 4.3), the 10 Business Days start again when we send you a new link.

4.5 If we don't hear from you for 30 days during the build, we will contact you. If there is still no response 30 days after that, we may treat the project as cancelled by you under clause 5.4.

4.6 Before your approval, we build only what is needed to show you the Website. The free mock-up we show you before you sign up is a sample and carries no obligation for either party.

5. Fees and payment

5.1 There is no upfront build fee, and we don't ask for any payment details when you sign the Order Form. You set up payment on the Sign-up Page only after the Website is finished, when you approve it (clause 4.4). Payment details are handled securely by our payment provider, Stripe — we never see or store your card or bank details.

5.1A The monthly fee for your Plan starts on the Start Date. Your first monthly fee is charged on the Start Date and then on each Monthly Billing Date (the same day each month).

5.2 Fees are charged monthly in advance, through Stripe, using a payment method offered at sign-up (such as card, direct debit or another method Stripe makes available), on each Monthly Billing Date. You authorise us to charge your monthly fees, and any other amounts due under this Agreement (such as add-ons, extra work you approved, reconnection fees, the exit fee or the price of buying the Website), to the payment method you set up. We will tell you in Writing before we charge any amount other than your regular monthly fees. You can update your payment method at any time on your account page.

5.3 GST. We are currently not registered for GST. Our prices do not include GST, no GST is charged, and the documents we issue are titled "Invoice", not "Tax Invoice". If we become registered for GST, our prices will include GST. We will tell you in Writing at least 30 days before; any change to the price you pay is a price change under clause 5.6.

5.4 Cancelling during the build. If you cancel after you sign the Order Form and before the Approval Date (or the project is treated as cancelled under clause 4.4A or 4.5), a build cancellation fee of $199 applies, or the value of the work already done at our hourly rate ($120 per hour), whichever is lower. We will send you an invoice for this fee, payable within 14 days. No fee applies if you cancel before we start building (we will confirm the start date in Writing), or if you cancel during a cooling-off period under clause 1.3.

5.5 Late payment:
(a) If a payment fails, we will notify you and retry your payment method over the following two weeks. You can pay or update your payment method at any time using the link in our notice.
(b) If a payment is still overdue 14 days after the due date, we will give you at least 7 days' Written notice before suspending the Website. While the Website is suspended, visitors to your domain see a neutral "temporarily unavailable" page that does not mention payment. Your domain and your email are not affected by a Website suspension.
(c) Email. If an amount is still unpaid 30 days after the due date, we may also suspend your email mailboxes, after giving you separate Written notice of at least 2 Business Days.
(d) Suspension is temporary. Service is restored after the overdue amount is paid, usually within minutes and at most within 1 Business Day (email within 1 Business Day). Reconnection fee, counted over any rolling 12-month period: no fee for the first suspension; $15 for the second; $30 for each suspension after that. Any reconnection fee is added to your next invoice. For this count, each time the Website is suspended under clause 5.5(b) is one suspension; suspending your email during the same period of non-payment does not count as a separate suspension.
(e) If an amount remains unpaid 60 days after the due date, we may end this Agreement under clause 11.3. Before deleting anything we will give you at least 14 days' Written notice and the chance to export your Client Content and emails.

5.6 Price changes: we may change Plan prices by giving at least 30 days' Written notice. If you do not accept the change, you may end this Agreement before the change takes effect without paying an exit fee, even during the Minimum Term. Prices will not increase during your first 12 months. The agreed launch-price step in clause 5.6A is not a price change under this clause.

5.6A Agreed price step (launch price). If your Order Form shows a launch price, that price is fixed for the first 12 months from the Start Date. The standard price shown in your Order Form then applies automatically from the first Monthly Billing Date after those 12 months. Your Order Form shows both prices; the exact date is shown on the Sign-up Page and confirmed in our welcome email. Because you agree to this step when you sign up, it is not a price change under clause 5.6. As a courtesy, we will remind you about 60 days before the standard price starts. By then your Minimum Term is ending, so you may end this Agreement with 30 days' notice without an exit fee (clause 11.2).

5.7 Changing to a smaller Plan (downgrade). You cannot move to a smaller Plan during the Minimum Term. After the Minimum Term, you can move to a smaller Plan by giving us 30 days' Written notice; the change takes effect from the start of the first Billing Period that begins after your notice ends. There is no credit or refund for the current Billing Period. If your Website has more pages than the new Plan includes, you choose whether to keep them as extra pages (Schedule 1) or have them removed.

6. Edits and support

6.1 An "Edit" is a change to existing content on the Website, such as: updating text, prices, opening hours, images, team members, contact details, or adding a section to an existing page using the existing design.

6.2 Your Plan includes the Edit time per month shown in Schedule 1. Unused time does not roll over.

6.3 The following are not Edits and will be quoted separately: new pages (unless your Plan includes them), redesigns, new features or integrations, and changes to the overall layout or branding.

6.4 Work above your monthly allowance is charged at $120 per hour (in 15-minute blocks). We will tell you before we start any chargeable work.

6.5 Support is available Monday to Friday, 9am–5pm Melbourne time, by phone and email. We aim to respond within 1 Business Day (on the Pro Plan, the same Business Day for requests received before 3pm), and to complete standard Edits within 2 Business Days.

6.6 If the Website is down because of a fault on our side, we will start working on it as a priority as soon as we become aware.

7. Domain name

7.1 Your domain is registered in your name and ABN (as required for .com.au). You are the registrant and owner of the domain.

7.2 With your permission, we will be listed as the technical contact and will manage the domain's DNS settings while this Agreement is active.

7.3 If you already own a domain, you keep it. We only need access to its DNS settings.

7.4 Domain renewal fees are included in your Plan while this Agreement is active.

7.5 When this Agreement ends, we will give you everything you need to manage the domain yourself (including any transfer/auth codes) within 5 Business Days.

8. Business email

8.1 Your Plan includes the number of email mailboxes shown in Schedule 1 on your domain, provided through a third-party email service. A "mailbox" has its own login and stores messages. Additional mailboxes cost $7 per mailbox per month.

8.1A Email aliases (addresses that forward to an existing mailbox, e.g. info@ or bookings@) are unlimited and free.

8.1B Storage fair use: up to 5 GB per mailbox on Starter and 10 GB per mailbox on Business and Pro. If a mailbox goes well above this, we will contact you to agree on a solution.

8.2 Fair use. Business email is for normal business correspondence. You must not use it to:
(a) send bulk, marketing or newsletter emails (please use a dedicated email marketing tool for this);
(b) send spam or unsolicited commercial messages (including anything that would breach the Spam Act 2003 (Cth));
(c) send more than 200 emails per mailbox per day on a regular basis; or
(d) send anything unlawful, fraudulent or harmful.

8.3 Security. You must use strong, unique passwords and keep login details private. If a mailbox appears compromised or is sending spam, we may suspend that mailbox immediately to protect you and our other customers. We will tell you as soon as possible and help you restore access.

8.4 Contact form notifications and confirmation emails are sent through a separate transactional email service and do not count toward your mailbox use.

8.5 When this Agreement ends, we will export your mailboxes in a standard format on request, and keep them available for 30 days so you can move to another email provider.

9. Ownership and intellectual property

9.1 What is always yours:
(a) your domain name (clause 7);
(b) your mailboxes and the emails in them (clause 8);
(c) Client Content: your logo, photos, files and information you give us;
(d) the text we write about your business for the Website; and
(e) the enquiries received through your Website forms. You give us a non-exclusive licence to use these only to provide the services.

9.2 Any logo or brand assets we create specifically for you are yours from the moment they are delivered, even if this Agreement ends early.

9.3 What is ours: the Website itself — its design, layout, code, templates, components, forms, branded automatic emails, integrations and automations — is owned by us and provided to you as part of the service. While this Agreement is active you have a licence to use it. When this Agreement ends, the licence ends and the Website is taken offline (clause 11.5).

9.4 Buying the Website. You may buy the Website at any time. The price is 12 times your current monthly Plan fee. If you buy it during the Minimum Term, the exit fee under clause 11.2 also applies. After payment, we give you a copy of the Website's files so you can host it elsewhere, and ownership of that copy of the Website transfers to you. Ongoing hosting, email, support and any third-party services end with this Agreement unless agreed otherwise.

9.5 We keep the right to reuse our general tools, components, templates and know-how (but never your Client Content, text or brand) for other clients.

9.6 Portfolio. Unless you opt out in the Order Form or later in Writing, we may show the Website in the "Work" (portfolio) section of our website and in our marketing, including:
(a) screenshots of the Website (desktop and mobile);
(b) your business or trading name, logo, type of business and suburb;
(c) a short description of the Website we built; and
(d) a link to the Website. We will not publish a testimonial, review or quote from you, or any personal information, without your separate written consent. You can ask us to remove your Website from our portfolio at any time; we will do so within 5 Business Days. This does not affect material already printed or published before your request.

10. Your responsibilities

10.1 You will:
(a) give us accurate information and Client Content in a timely way;
(b) make sure you have the rights to all Client Content you give us (for example, photos you didn't take yourself);
(c) check the Website before approving it, including prices, claims and legal information about your business;
(d) make sure your business complies with laws that apply to it, including the Australian Consumer Law and privacy laws (we can add a standard privacy policy, but you are responsible for how you handle your customers' data); and
(e) keep your contact details up to date.

10.2 Each party is responsible for loss caused by its own breach of this Agreement or its own negligence.

11. Term, cancellation and exit

11.1 Term. This Agreement starts when you sign the Order Form. The Minimum Term is 12 months from the Start Date. After that, it continues month-to-month until either party ends it with 30 days' notice (for you, given as in clause 11.2A; for us, in Writing).

11.2 Ending this Agreement and the exit fee.
(a) End date. You can end this Agreement at any time with 30 days' notice. It ends at the end of the Billing Period in which your 30 days' notice expires. There are no partial refunds for any Billing Period.
(b) Exit fee. If the end date is before the end of the Minimum Term, an exit fee applies. The exit fee is the LOWER of:
(i) 50% of your monthly Plan fee, multiplied by the number of Monthly Billing Dates remaining in the Minimum Term after the end date; and
(ii) the unrecovered build cost: the hours we spent building your Website (as recorded in our time records, which we will give you on request) multiplied by $120, less the monthly Plan fees you have paid up to the end date. If (ii) is zero or less, no exit fee applies.
(c) Plan fee only. The exit fee is worked out on your monthly Plan fee only. Add-ons (such as extra pages) have their own minimum periods in Schedule 1.
(d) When it is charged. We will confirm your cancellation, the end date and the exit fee in Writing, and charge the exit fee to your payment method when we confirm your cancellation.
(e) No exit fee applies:
(i) in the cases in clauses 5.6, 11.4 and 16.1;
(ii) if we end this Agreement during the Minimum Term under clause 11.3(a);
(iii) if this Agreement ends because you (as a sole trader) die, or because you become insolvent or bankrupt; or
(iv) if you permanently close your business (and it is not continued by you or a related business under another name or entity).
(f) Worked example. Business Plan at the launch price of $159 a month, Start Date 5 November 2026, so the Minimum Term ends on 4 November 2027 and the last Monthly Billing Date in it is 5 October 2027. You give notice on 20 March 2027. The notice expires on 19 April 2027, in the Billing Period 5 April – 4 May 2027, so this Agreement ends on 4 May 2027. Monthly Billing Dates remaining after that: 5 May, 5 June, 5 July, 5 August, 5 September and 5 October 2027 = 6.
(i) 50% x $159 x 6 = $477.
(ii) Say our records show 15 build hours: 15 x $120 = $1,800, less 6 monthly fees paid (5 November 2026 to 5 April 2027) of $954 = $846. Exit fee = the lower amount = $477. (If our records showed 10 build hours, (ii) would be $1,200 - $954 = $246, and the exit fee would be $246.)

11.2A How to give notice. You can give notice of cancellation online, on your account page, or in Writing to the email address in the Order Form. The date we receive your notice is the notice date. We will confirm in Writing the notice date, the end date, any exit fee and what happens next (clause 11.5).

11.3 We may end this Agreement:
(a) with 30 days' Written notice for any reason (in that case no exit fee is payable and we will give you a copy of the Website's files at no cost); or
(b) with 14 days' Written notice if you seriously breach this Agreement (including unpaid fees under clause 5.5(e), or a breach of clause 8.2) and do not fix it within that time.

11.4 You may end this Agreement with 14 days' Written notice and without an exit fee if we seriously breach this Agreement and do not fix the breach within that time.

11.5 What happens when this Agreement ends:
(a) the domain stays yours and we hand over control (clause 7.5);
(b) we export your emails and keep them available for 30 days (clause 8.5);
(c) the Website is taken offline, unless you have bought it under clause 9.4 (then we give you its files);
(d) we give you a copy of your Client Content, the text we wrote about your business, and the contact form submissions we still hold; and
(e) after 30 days we delete your data from our systems, except records we must keep by law.

12. Service levels and third parties

12.1 We use reputable providers for hosting, email and other services. We aim to keep the Website and email available at all times, but outages can occur. We will act promptly to restore service and keep you informed.

12.2 We are not responsible for outages or problems caused by events outside our reasonable control, including failures of third-party providers, internet outages or attacks we could not reasonably prevent. We will still do what we reasonably can to restore service.

13. SEO and results

13.1 We build every Website following good SEO and performance practices. However, no one can guarantee search rankings, traffic, enquiries or sales, and we do not.

14. Liability

14.1 Nothing in this Agreement excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot be excluded.

14.2 Where the law allows us to limit our liability for a failure to comply with a consumer guarantee, our liability is limited (at our choice) to supplying the services again or paying the cost of having them supplied again.

14.3 Subject to clauses 14.1 and 14.2, each party's total liability under this Agreement is limited to the total fees paid by you in the 12 months before the event giving rise to the claim.

14.4 Neither party is liable for indirect or consequential loss, including lost profits, except where caused by fraud or wilful misconduct.

15. Privacy and confidentiality

15.1 We handle your personal information in line with our Privacy Policy at https://mirawebsites.com.au/privacy.

15.2 Information submitted through your contact forms belongs to you. We process it only to deliver it to you and to send confirmations, and we do not use it for any other purpose.

15.3 Each party will keep the other's confidential information private, except where disclosure is required by law.

16. General

16.1 Changes to these terms: we may update these terms by giving you at least 30 days' Written notice. If a change is materially worse for you, you may end this Agreement before it takes effect without paying an exit fee.

16.2 Disputes: if there is a disagreement, we both agree to first try to resolve it by talking in good faith for at least 14 days before taking other action.

16.3 Notices: notices must be in Writing and sent to the email addresses in the Order Form.

16.4 Governing law: this Agreement is governed by the laws of Victoria, Australia.

16.5 Entire agreement: this Agreement is the whole agreement between us about the services.

16.6 If any part of this Agreement is found to be invalid, the rest continues to apply.

16.7 Electronic acceptance. You accept this Agreement by signing the Order Form online and by confirming your acceptance again on the Sign-up Page when you approve the Website and set up payment. Each time, we keep a record of: the version of this Agreement, a fingerprint (cryptographic hash) of its exact text, your Order Form number, the date and time, your IP address and your browser details, and we send you a confirmation email. Each version of this Agreement stays available on our website.

Schedule 1 — Plan schedule

All prices are in AUD per month. GST: see clause 5.3

Add-ons:
- Extra page: $15 per month (standard page) or $30 per month (complex page). The extra page follows a 12-month minimum from the date it goes live. If fewer than 10 months remain in your current term, a one-off setup fee of $49 applies, unless you renew for 12 months. If you upgrade your Plan, extra pages count towards the new Plan and the extra charge stops.
- Extra mailbox: $7 per month each (clause 8.1).
- Connect integrations: Business includes 1 and Pro includes 2. Further integrations from $129 one-off each, quoted in Writing before we start.
- Pro discount: on the Pro Plan, 20% off add-ons — extra pages, extra mailboxes and integrations beyond those included. The discount does not apply to hourly work (Edits above the allowance, extra revision rounds) or to the other rates below.

Other rates:
- Buying the Website (clause 9.4): 12 x your current monthly Plan fee (Starter $1,188 · Business $1,908 at launch price · Pro $2,988 at launch price), plus the exit fee if bought during the Minimum Term.
- Build cancellation fee (clause 5.4): $199, or work done at the hourly rate if lower. Invoiced, payable within 14 days.
- Work above the monthly Edit allowance: $120 per hour, in 15-minute blocks (clause 6.4)
- Extra revision round before launch: $120 per hour, in 15-minute blocks
- Reconnection fee after a suspension (clause 5.5(d)), counted over any rolling 12-month period: first suspension free; second $15; each one after that $30. Added to your next invoice.

* LAUNCH PRICE: applies to clients who sign the Order Form on or before 31 December 2026. The launch price is fixed for the first 12 months from the Start Date. The standard price then applies automatically from the first Monthly Billing Date after those 12 months, at the amount shown on your Order Form and on the date shown on your Sign-up Page. This agreed step is not a price change under clause 5.6 (see clause 5.6A).