Effektiv Solutions Pty Ltd ABN 80 666 834 715 ("Effektiv Solutions", "We" or "Us"), trading as Effektiv, provides web design, web development, digital marketing, hosting, and related services ("Services") to You the customer ("You"). These terms and conditions govern the provision of all Services.
These terms and conditions are the terms on which Effektiv Solutions Pty Ltd will provide the Services to You. These terms constitute the agreement between You and Us ("the Agreement") in its entirety and supersede any prior agreements between You and Us in respect of the Services.
We may modify these terms and conditions (including without limitation the pricing for any of the Services), or give You notice under this Agreement, by notice on our website and/or by email. Such modifications will take effect 14 days after such notice has been provided. By continuing to use our Services after that period, You accept and are bound by any such changes.
A quote or proposal accepted by You in writing (including by email) constitutes acceptance of these terms. If any term in a separately agreed written contract between You and Us conflicts with these terms, the separately agreed contract will prevail to the extent of the inconsistency.
Effektiv Solutions will use all reasonable efforts to provide You with the Services as described in the relevant proposal, quote, or service agreement.
Design and development services are as described in the relevant proposal at the time of engagement. This includes website design, e-commerce development, WordPress, WooCommerce, WebCommander, and related platform implementations. All design work remains the property of Effektiv Solutions until final payment has been received in full.
Digital marketing services include search engine optimisation (SEO), Google Business Profile management, email marketing, marketing automation, and related services. Results from digital marketing services depend on a range of factors outside our control including search engine algorithms and market competition. We do not guarantee specific rankings, traffic levels, or revenue outcomes.
Hosting and maintenance services are provided on a subscription basis. Details of inclusions, support hours, and pricing are as described on our website or in a written quote at the time of engagement.
Effektiv Solutions uses artificial intelligence tools to assist in the delivery of certain services, including but not limited to content creation, SEO optimisation, campaign copywriting, and performance reporting. You acknowledge and agree that:
The initial term of this Agreement commences on the date of activation of services or the date services are first provided (as applicable). After the conclusion of the initial term, the term shall automatically renew for a further term of the same period unless notice of cancellation is provided in writing by You more than 10 working days prior to expiry of the relevant term.
Effektiv Solutions may cancel or elect not to renew Services at any time by delivering written notice of non-renewal to You at least 10 working days prior to the expiry of the initial term or any subsequent term.
The applicable prices and charges are as stipulated in a quote provided to You by Effektiv Solutions or as published on our website. All prices are exclusive of GST unless otherwise stated. GST will be added where applicable and a tax invoice will be provided.
Payment terms are as follows unless otherwise agreed in writing:
In the event of late payment, Effektiv Solutions reserves the right to charge interest at the rate of 10% per annum calculated daily, suspend or terminate any Services, and/or engage a debt recovery agency. You agree to pay all reasonable costs of debt recovery including legal fees.
Any suspension of Services does not relieve You of Your obligation to continue making payments under this Agreement.
Subject to full payment of all fees due, Effektiv Solutions assigns to You the intellectual property rights in the final website design and content created specifically for You as part of a design or development engagement. This does not include:
Until final payment is received in full, all work product remains the intellectual property of Effektiv Solutions and You are not licensed to use, reproduce, or distribute it.
The copyright in all reports, proposals, designs, text, graphics, software, and the selection and arrangement thereof produced by Effektiv Solutions is owned or licensed by Effektiv Solutions. All rights are reserved. Copyright in material produced by us subsists under the Copyright Act 1968 (Cth) and, through international treaties, under the laws of many other countries.
Certain legislation (including the Australian Consumer Law) may imply consumer guarantees and warranties that cannot be excluded, restricted, or modified ("Statutory Guarantees"). Nothing in these terms is intended to limit or exclude any Statutory Guarantees where doing so would be unlawful.
Subject to the Statutory Guarantees and to any warranties specifically given by Effektiv Solutions in writing:
Where the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, the liability of Effektiv Solutions to You is limited, at our option, to resupplying the relevant services or paying the cost of having them resupplied.
To the extent permitted by law, the total aggregate liability of Effektiv Solutions to You, whether in contract, tort (including negligence), under statute or otherwise, is limited to the total fees paid by You for the Services in the 12 months immediately preceding the relevant claim.
Effektiv Solutions expressly excludes liability for any indirect, consequential, special, or incidental loss or damage including loss of revenue, loss of profits, loss of anticipated savings, loss of data, or loss of business opportunity, whether or not the possibility of such loss was foreseeable or advised.
To the extent permitted by law, You indemnify Effektiv Solutions against any loss, claim, cost, or damage arising out of Your use of the Services, Your website content, or Your breach of this Agreement.
You will ensure that Your website content and anything relating to Your use of the Services is not illegal, deceptive, inaccurate, defamatory, pornographic, obscene, discriminatory, or offensive in any manner. You will not use the Services for spam, misleading or deceptive conduct, or any illegal or unethical marketing practice. You warrant that nothing on Your website will breach copyright or other intellectual property rights, breach any confidentiality obligation, or breach the Privacy Act or any other law.
Effektiv Solutions may, without notice, immediately suspend or terminate the provision of Services if we reasonably believe You are in breach of this clause. Upon such termination, Effektiv Solutions may delete or destroy Your website content without liability to You. Notwithstanding such termination, You remain liable to pay all fees for the current term.
You are responsible for all data, content, materials, and files supplied by You to Effektiv Solutions. It is Your sole responsibility to maintain adequate backups of all data, content, materials, and files. Effektiv Solutions takes reasonable steps to maintain backups of hosted websites but does not warrant that backups will always be available or complete, and is not liable for any loss of data.
You warrant that You have all necessary rights, licences, and permissions to supply any content to Effektiv Solutions and that its use by Effektiv Solutions in delivering the Services will not infringe any third-party rights.
In delivering Services, Effektiv Solutions may use or integrate third-party platforms and services including but not limited to WordPress, WooCommerce, WebCommander, Mailchimp, HubSpot, Google Analytics, Google Ads, and Ahrefs. You acknowledge that:
Effektiv Solutions will use reasonable efforts to maintain the availability of hosted websites and services. However, You acknowledge that:
Effektiv Solutions will provide access at any given time only as circumstances allow and cannot always ensure that computer systems and network resources will be fully protected from unlawful access, virus infection, or data alteration.
Where Effektiv Solutions registers or manages domain names on Your behalf, You agree to comply with all applicable domain registration policies. Effektiv Solutions does not represent or guarantee that You or we have rights to ownership of any domain name. You are solely responsible for ensuring domain name registrations are renewed when necessary.
Effektiv Solutions reserves the right to deactivate or cancel any domain name the use of which is illegal, fraudulent, or infringes the intellectual property rights of a third party. No fees paid for domain registration or renewal are refundable.
Where Effektiv Solutions provides proprietary software or platform access as part of the Services, we grant You a non-exclusive, non-transferable licence to use that software solely for the purpose of managing Your website or digital marketing through our Services. You may not copy, reproduce, modify, reverse engineer, or decompile the software, or use it for any purpose other than as authorised by Effektiv Solutions.
Effektiv Solutions reserves the right to add, remove, or vary any software features with respect to its Services. Where changes are material and incompatible with existing functionality, we will endeavour to provide 30 days' notice.
You may cancel a Service before the end of its term by providing written notice to Effektiv Solutions at least 30 days prior to the date You wish the Service to end. Early cancellation may attract a cancellation fee equal to the fees for two months of Service, as set out in Your engagement terms.
Upon cancellation, Effektiv Solutions will provide reasonable assistance to facilitate transition of Your website and data to an alternative provider, subject to all outstanding fees having been paid in full.
Notification of cancellation must be sent in writing to info@effektiv.com.au.
By entering into this Agreement You acknowledge and agree that Effektiv Solutions may use Your name and logo for the sole purpose of identifying You as a client in our marketing material (both print and electronic), and may place on Your website a discreet hyperlink to our website. You may withdraw Your permission for the use of Your name and logo by providing written notice with 30 days' lead time.
Effektiv Solutions accepts no liability for, nor warrants the accuracy of, any content associated with any client's website.
You will supply Effektiv Solutions with accurate, complete, and up-to-date personal and billing information. You must notify us promptly of any changes to Your contact details. Effektiv Solutions will not be responsible for missed notifications resulting from inaccurate personal information or Your failure to update Your details.
You grant Effektiv Solutions the right to disclose Your personal information to third parties engaged to assist in delivering the Services, including billing and debt-recovery entities, to the extent necessary. Please refer to our Privacy Policy for further information on how we collect and use personal information.
If a dispute arises in connection with these terms or the Services, either party must notify the other in writing, setting out the nature of the dispute. The parties must then attempt to resolve the dispute through good-faith negotiation within 14 days of that notice.
If the dispute cannot be resolved through negotiation, either party may refer the matter to mediation administered by the Resolution Institute or another mutually agreed mediation provider before commencing any legal proceedings (except where urgent injunctive relief is required).
If mediation fails to resolve the dispute, either party may commence proceedings in the courts of Victoria, Australia.
Effektiv Solutions will not be liable for any failure or delay in performing our obligations under this Agreement to the extent that such failure or delay arises from any cause reasonably beyond our control, including but not limited to acts of God, strikes, acts of war, epidemics, governmental action, fire, communications or power failures, or natural disasters ("Force Majeure"). We will take reasonable steps to inform You of any Force Majeure event and to resume performance as soon as reasonably practicable.
The laws of Victoria, Australia govern this Agreement. Each party submits to the non-exclusive jurisdiction of the courts of Victoria for the resolution of any dispute.
Effektiv Solutions Pty Ltd (trading as Effektiv)
ABN 80 666 834 715
Suite 502, 9 Yarra Street, South Yarra VIC 3141
(03) 7073 2525 · info@effektiv.com.au
Last updated: June 2025. By engaging Effektiv Solutions Pty Ltd for Services, You agree to be bound by these terms and conditions.