Legal

Terms of Service

Last updated: 10 August 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Sumoant (ABN 72 940 534 192), trading as Sumoant ("Sumoant", "we", "us", "our"), a sole trader registered in Victoria, Australia.

By subscribing to our services, submitting a get-started form, or otherwise engaging us to provide web design or hosting services, you agree to be bound by these Terms in their entirety. If you do not agree to these Terms, do not use our services.

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria and any courts entitled to hear appeals therefrom.

2. Services

Sumoant provides the following services ("Services"):

  • Web Design — design, development and setup of websites for trade and service businesses
  • Web Hosting — ongoing hosting, maintenance and technical support for websites we build
  • Domain Management — registration and management of domain names on your behalf

The specific scope of services, features and deliverables will be as agreed between us and may vary depending on your subscription plan. We reserve the right to modify, update or discontinue features of the Services at any time, provided that we will not materially reduce the core functionality of your active subscription without reasonable notice.

3. Subscription and Billing

3.1 Subscription

Our Services are provided on a recurring monthly subscription basis. Your subscription commences on the date we activate your website and continues on a month-to-month basis until cancelled by either party in accordance with these Terms.

3.2 Fees

You agree to pay the monthly subscription fee and any additional charges as agreed. All fees are quoted in Australian Dollars (AUD) and are inclusive of GST. We will issue a tax invoice for each payment.

We reserve the right to change our fees with at least 30 days' written notice. Continued use of the Services after a fee change takes effect constitutes acceptance of the new fees.

3.3 Payment Method

You authorise us to charge your nominated payment method (credit or debit card) for recurring monthly subscription fees and any additional agreed charges. Payment is processed through our third-party payment processor, Stripe. By providing a payment method, you represent and warrant that you are authorised to use that payment method and authorise us to charge it on a recurring basis.

You are responsible for keeping your payment details current. If a payment fails, we will attempt to notify you and may reattempt the charge. After three (3) consecutive payment failures, we reserve the right to suspend or disable your website until the outstanding balance is paid and a valid payment method is provided.

3.4 Trial Period

Where a trial period is offered, you will not be charged during the trial. At the end of the trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial expires. We will endeavour to remind you before the trial ends.

3.5 No Refunds

All fees are non-refundable except where required by Australian Consumer Law. This includes partial-month fees if you cancel mid-billing cycle. Nothing in these Terms excludes or limits any rights you may have under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

4. Customer Obligations

You agree to:

  • Provide accurate, current and complete information for your account and website
  • Keep your account credentials confidential and notify us immediately of any unauthorised access
  • Ensure all content you provide for your website (text, images, logos, etc.) does not infringe any third-party intellectual property rights, is not defamatory, and complies with all applicable laws
  • Not use the Services for any unlawful, fraudulent or harmful purpose
  • Not attempt to reverse-engineer, copy, reproduce or replicate our website templates, code, designs or proprietary systems
  • Not use the Services to send unsolicited commercial emails (spam) or conduct any activity that violates the Spam Act 2003 (Cth)
  • Maintain a valid payment method on file for the duration of your subscription

5. Intellectual Property

5.1 Our IP

All website templates, designs, code, software, systems, processes, trademarks and intellectual property created or owned by Sumoant remain the sole and exclusive property of Sumoant. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the website we build for you for the duration of your active subscription only.

Upon cancellation or termination of your subscription, this licence terminates and you must cease using the website design, templates and code. You may not copy, reproduce, distribute, modify or create derivative works from our templates or code.

5.2 Your Content

You retain ownership of all original content you provide to us (text, images, logos, business information). You grant us a non-exclusive, worldwide, royalty-free licence to use, display and host this content solely for the purpose of providing the Services to you.

You represent and warrant that you have all necessary rights, licences and permissions to provide this content and that it does not infringe any third-party rights.

5.3 Portfolio Use

We reserve the right to display your website in our portfolio, marketing materials and case studies, unless you notify us in writing that you do not wish us to do so.

6. Website Hosting and Availability

We will use commercially reasonable efforts to maintain the availability of your hosted website. However, we do not guarantee uninterrupted or error-free service. The Services may be temporarily unavailable due to:

  • Scheduled maintenance (we will endeavour to provide advance notice where practical)
  • Unscheduled maintenance or emergency repairs
  • Third-party service outages (hosting providers, DNS providers, CDN services)
  • Events beyond our reasonable control (see Section 12)

We do not provide a Service Level Agreement (SLA) with specific uptime guarantees unless separately agreed in writing. We are not liable for any losses arising from website downtime or unavailability.

7. Cancellation and Termination

7.1 Cancellation by You

You may cancel your subscription at any time through your customer portal or by contacting us. Cancellation takes effect at the end of your current billing period. No refunds will be provided for the remaining portion of a billing period, except where required by Australian Consumer Law.

7.2 Termination by Us

We reserve the right to suspend or terminate your subscription and access to the Services immediately, without prior notice or liability, if:

  • You breach any material provision of these Terms
  • Your payment fails three (3) or more consecutive times and you fail to provide a valid payment method
  • You use the Services for any unlawful or prohibited purpose
  • Your website content is, in our sole reasonable opinion, harmful, offensive, defamatory or in breach of any applicable law
  • Continued provision of services to you would expose us to legal liability

7.3 Effect of Termination

Upon cancellation or termination:

  • Your website will be taken offline
  • Your licence to use our templates, designs and code terminates immediately
  • We may delete your website files and data after a reasonable wind-down period (typically 30 days)
  • Domain names registered through us may be transferred to you upon request, subject to any outstanding fees being paid
  • Billing records will be retained in accordance with our legal obligations

You are responsible for exporting or backing up any content you wish to retain before cancellation.

8. Limitation of Liability

To the maximum extent permitted by law:

  • Our total aggregate liability to you for any and all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.
  • We are not liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings, regardless of whether we have been advised of the possibility of such damages.
  • We are not liable for any loss or damage arising from: (a) your content or use of the Services; (b) any third-party conduct, products or services (including Stripe, hosting providers and domain registrars); (c) any unauthorised access to your account; (d) any interruption, suspension or termination of the Services; or (e) any errors, bugs or inaccuracies in the Services.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Australian Consumer Law that cannot be excluded, restricted or modified by agreement. If the Australian Consumer Law applies and we cannot exclude liability, our liability is limited, at our option, to: (a) re-supplying the services; or (b) paying the cost of having the services re-supplied.

9. Indemnification

You agree to indemnify, defend and hold harmless Sumoant and its owner, employees, contractors and agents from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your breach of these Terms
  • Your use of the Services
  • Any content you provide for your website, including any claim that such content infringes the intellectual property or other rights of a third party
  • Your violation of any applicable law or regulation
  • Any dispute between you and a visitor to your hosted website

10. Disclaimer of Warranties

To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Without limiting the foregoing, we do not warrant that:

  • The Services will meet your specific requirements or expectations
  • The Services will be uninterrupted, timely, secure or error-free
  • Your website will achieve any particular ranking, traffic volume or business results
  • Any defects in the Services will be corrected within a specific timeframe

We do not provide any warranty or guarantee regarding search engine optimisation (SEO) results, website traffic, lead generation or any specific business outcome. Any examples, projections or estimates we provide are illustrative only and do not constitute guarantees.

11. Website Content and Compliance

You are solely responsible for:

  • The accuracy and legality of all content displayed on your website
  • Ensuring your website and business operations comply with all applicable laws, regulations, industry codes and licensing requirements
  • Obtaining any required permits, licences or registrations for your trade or business
  • Ensuring any claims, testimonials or representations on your website are truthful, not misleading, and comply with the Australian Consumer Law
  • Implementing your own privacy policy for your website if you collect personal information from visitors

We are a website design and hosting provider. We do not provide legal, financial or regulatory compliance advice. We are not responsible for reviewing or verifying the accuracy, legality or compliance of your website content.

12. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms if such failure or delay results from circumstances beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, civil unrest, power outages, internet or telecommunications failures, cyberattacks, third-party service provider failures, or any other force majeure event.

13. Dispute Resolution

In the event of any dispute arising out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute through good faith negotiation. If the dispute cannot be resolved within thirty (30) days of written notice, either party may pursue resolution through the courts of Victoria, Australia.

Nothing in this clause prevents either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sumoant regarding the Services and supersede all prior agreements, understandings and representations.

14.2 Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by Sumoant.

14.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to any successor or acquirer of our business.

14.5 Notices

Any notices required under these Terms shall be in writing and sent to the email address associated with your account (for notices to you) or to sumo@sumoant.com.au (for notices to us). Notices are deemed received when successfully delivered by email.

14.6 Amendments

We may amend these Terms at any time by posting the updated terms on our website. We will provide at least 14 days' notice of material changes via email or website notification. Your continued use of the Services after the amended Terms take effect constitutes acceptance of the amended Terms. If you do not agree to the amended Terms, you may cancel your subscription.

15. Contact Us

For questions about these Terms, please contact us:

Sumoant