1. Agreement and authority
The agreement is between Tomedia Pty Ltd (Tomedia, we, us or our) and the person or entity identified in the accepted order (Customer, you or your). By creating an account, accepting an order or using a service, you agree to these terms and confirm that you have authority to bind the Customer. The agreement consists of the accepted proposal or order, these general terms, any applicable Hosting and Domain Terms or Site Builder Terms, the Acceptable Use Policy, Privacy Policy, Cookie Policy and Refund Policy. An expressly agreed order prevails over these standard terms for a direct conflict, followed by the applicable product-specific terms and then these general terms.
2. Services, changes and third parties
We will provide the services described in the accepted order with due care and skill. Service descriptions, usage allowances, support scope, implementation assumptions and dependencies form part of the order. Some services depend on third-party registries, infrastructure, payment, email, certificate, software or integration providers. Their rules and availability may apply. We may make reasonable changes needed for security, law, provider requirements or service integrity. If a change materially reduces a prepaid core service, we will provide reasonable notice and an appropriate remedy where required by law.
3. Fees, tax, renewal and payment
Prices are in Australian dollars and include or exclude GST as stated. You must pay fees by the due date using an accepted method. Usage or supplier costs outside an included allowance may be charged where disclosed or approved. Recurring services renew for the period shown in the order unless cancelled before the renewal date. We will disclose the renewal frequency, price or pricing method and cancellation path before purchase. Supplier prices, exchange rates, taxes and registry fees may change; we will give reasonable notice of a customer-facing renewal price change where practicable. We may restrict a service for overdue undisputed amounts after reasonable notice, but will not intentionally delete customer content solely because of a short payment delay. You must raise a genuine billing dispute promptly and pay undisputed amounts.
4. Customer responsibilities and content
You must provide accurate information, maintain authorised contacts and secure account credentials. You are responsible for your instructions, users, website content, products, claims, prices, privacy notices, marketing consent, accessibility choices and compliance with laws applicable to your business. You retain ownership of content you supply. You grant Tomedia and its providers a non-exclusive licence to host, copy, transform, cache, back up, display and transmit that content only as reasonably necessary to provide, secure and support the services. You warrant that you have the rights and permissions needed for the content and instructions you provide. Tomedia retains ownership of its platform, software, templates, systems, documentation, know-how and pre-existing materials. No source-code ownership or transfer is included unless an order expressly states otherwise.
5. Availability, support and security
We aim to provide reliable services but do not promise uninterrupted or error-free operation unless a written service level says otherwise. Maintenance, internet conditions, malicious activity, customer changes and third-party failures may affect availability. You must promptly report suspected compromise and cooperate with reasonable security steps. We may apply urgent protective restrictions where necessary to prevent harm, then restore access when the risk is resolved. Support channels, response targets and included work are those stated in the order or current service description.
6. Suspension, cancellation and termination
Either party may terminate for a material breach that is not remedied within a reasonable written cure period, unless urgent suspension is reasonably required for security, illegality or serious harm. You may cancel a recurring service using the documented account or support process. Cancellation stops future renewals but does not automatically reverse already supplied services or non-recoverable supplier transactions. On termination, you must pay accrued fees. We will provide any export or transition assistance included in the applicable product terms or order. We may retain limited records and backups for legal, security and dispute purposes and then delete or de-identify them under our retention process.
7. Consumer guarantees and warranties
Nothing in the agreement excludes, restricts or modifies a right, guarantee, remedy or liability that cannot lawfully be excluded, including under the Australian Consumer Law. Where a statutory guarantee applies, available remedies depend on the nature and seriousness of the failure. Except for non-excludable rights and express commitments in the agreement, services are provided without additional implied warranties to the maximum extent permitted by law. Advice, estimates and forecasts are not guarantees of traffic, rankings, revenue, sales or other business outcomes.
8. Liability and indemnity
To the maximum extent permitted by law, neither party is liable for indirect or consequential loss that was not reasonably foreseeable when the agreement was made. Any limitation is subject to non-excludable rights and does not apply to fraud, wilful misconduct or a liability that cannot lawfully be limited. Where the Australian Consumer Law permits liability for a failure to be limited, Tomedia may limit its liability to supplying the services again or paying the cost of having them supplied again. You are responsible for third-party claims arising from unlawful content, products or instructions you control, except to the extent caused by Tomedia's breach, negligence or unlawful conduct.
9. Disputes and general terms
Before starting court proceedings, each party should give written details of the dispute and allow senior representatives a reasonable opportunity to resolve it, except for urgent relief or a statutory complaint right. These terms are governed by the laws of Queensland, Australia, and the parties submit to courts with jurisdiction there. Neither party may transfer the agreement without consent that must not be unreasonably withheld, except as part of a genuine business restructure or sale with notice. If part of the agreement is unenforceable, the remainder continues. A delay in enforcing a right is not a waiver. Notices may be sent to the account or contact email on record.