Terms of Service

These terms apply to services provided by Max and Om Pty Ltd (ABN 71 680 893 850), trading as Max and Om Group (we, us or our), to our clients (you), and to anyone using our website. If you have a signed proposal, statement of work or other agreement with us, that document also applies, and it takes priority if it conflicts with these terms.

1. Our services

We provide digital services to businesses, which may include:

• website design, development and maintenance;
• web hosting, including domains and security certificates;
• cloud solutions, business email setup and management;
• custom software development and third-party software setup and integration;
• IT consulting, technical support and system monitoring; and
• social media marketing.

The scope, deliverables, timeline and price of each engagement are set out in our proposal or statement of work. Services may be one-off projects or ongoing services billed on a recurring basis.

2. Quotes, projects and changes

Quotes are valid for 30 days unless they say otherwise. Work outside the agreed scope is a change request, which we will quote before starting. Timelines depend on you providing content, feedback and approvals when needed; delays on either side may move the timeline.

3. Payment and recurring billing

3.1 Payment processing

Payments are processed by third-party payment providers, such as card processors and direct debit services. Your use of those payment methods is also subject to the provider's terms.

3.2 Recurring billing authorisation

If you sign up for a recurring service, you authorise us to charge your nominated payment method at the start of each billing cycle, monthly, quarterly or annually as agreed. You agree to keep your billing details accurate and current.

3.3 Failed and late payments

If a recurring payment fails, we will notify you and try again within 7 days. If an amount remains unpaid for 14 days after it is due, we may suspend or end the affected services until it is paid, after giving you notice. A late fee of 5% per month may apply to overdue amounts.

3.4 Cancellations and refunds

You can cancel a recurring service by giving us 30 days' notice before the next billing cycle. Fees already paid for a billing period are not refunded for unused time in that period, and early termination fees set out in your agreement may apply if you cancel during a fixed contract term. Nothing in this clause limits your rights under the Australian Consumer Law.

4. Hosting and availability

Where we provide hosting or cloud services, we use reputable third-party infrastructure providers. We work to keep services available and to minimise disruption, but we do not guarantee uninterrupted or error-free service. Services may be affected by scheduled or emergency maintenance, failures of third-party providers, security incidents such as denial-of-service attacks, misuse or misconfiguration of the services, usage beyond your plan's allocated resources, and events beyond our reasonable control.

5. Your responsibilities

• Provide accurate contact and billing information and keep it up to date.
• Make sure you have the right to use any content, logos, images and data you give us.
• Keep your passwords and access secure and follow reasonable security practices.
• Use the services lawfully and within your plan's limits.
• Tell us promptly about technical issues or support needs.

6. Intellectual property

Once you have paid in full for a project, you own the final deliverables created specifically for you, such as your website design and content. We keep ownership of our pre-existing tools, code libraries and know-how, and give you a licence to use them as part of your deliverables. Third-party software, themes, fonts and images are licensed on their own terms. We may show completed work in our portfolio unless you ask us not to.

7. Confidentiality and privacy

Each of us will keep the other's confidential information confidential and use it only for the engagement. We handle personal information in line with our Privacy Policy, including personal information we store or process for you as part of our services.

8. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

9. Limitation of liability

To the extent permitted by law, we are not liable for any indirect or consequential loss, including loss of profit, revenue or data, arising from service disruptions, payment failures or system errors. Where the law allows us to limit our liability, our total liability is limited to the fees you paid us in the 2 months before the event giving rise to the claim, or, for consumer guarantees, to supplying the services again or paying the cost of having them supplied again.

10. Using our website

The content on maxandom.com, including our blog, is general information and not professional advice for your specific situation. You may not copy or reuse it for commercial purposes without our permission. Our website may link to other websites, including the website of our product Studio Vue; we are responsible for our own content only.

11. Changes to these terms

We may update these terms from time to time. We will give active clients at least 14 days' notice of material changes before they take effect. If a change disadvantages you, you may cancel the affected recurring service before the change starts without an early termination fee.

12. Governing law

These terms are governed by the laws of New South Wales, Australia, and each party submits to the courts of that state.

13. Contact

For enquiries, billing support or cancellations, contact Max and Om Pty Ltd, Sydney, New South Wales, Australia.
Email: Email us