Terms & Conditions

1. Who we are

Apex Marketing (ABN 00 000 000 000) is a subscription-based website and marketing services company based in Sydney, Australia. "We" means Apex Marketing. "You" means the business or individual subscribing to one of our plans.

2. What you’re buying

You’re subscribing to an ongoing website service. That means:

• A one-off setup fee to build your site
• A monthly subscription covering hosting, security, backups, ongoing support and a set number of content edits (depending on plan)
• Access to our add-on services (landing pages, SEO, copywriting, etc.) at published prices

This is important: you’re buying a subscription to a managed website service — not an outright purchase of a custom-built website asset. Your site is hosted on our platform and maintained by us for as long as you’re subscribed. See Section 8 for what happens if you cancel.

3. Pricing

Current pricing is on our pricing page. All prices are in Australian dollars and exclude GST (10%) unless stated. Plans at the time of writing:

• Starter: $199 setup + $99/month
• Growth: $299 setup + $149/month
• Pro: $499 setup + $249/month

We may change published prices from time to time for new customers. Your pricing is locked at the rate you signed up at for the first 12 months, after which we may adjust with 30 days’ written notice.

4. Payment

• Setup fees are charged upfront at sign-up via Stripe.
• Monthly subscription starts 14 days after your site goes live (this is a grace period you receive).
• Monthly payments are automatically charged to the card on file via Stripe on the same date each month.
• If a payment fails, we’ll email and SMS you and retry for up to 14 days. After that we may suspend service until payment is made current.

5. What we deliver

• Your site goes live within the timeframe promised for your plan (7 days standard, 5 days on Growth/Pro), measured from the date you complete onboarding and provide all required information.
• If onboarding information is incomplete, the clock pauses until we receive what we need.
• We make our best effort to meet design and content preferences within the scope of our templates. Revisions are limited to the number included in your plan.
• Our work product (code, design, copy we write) remains our intellectual property; we grant you a licence to use it as part of the subscription. Your content (photos, logos, text you provide) remains yours.

6. Your responsibilities

• Provide accurate, truthful information during onboarding.
• Only upload content you have the right to use (photos, logos, testimonials).
• Use the site lawfully — no scams, illegal services, or misrepresentation.
• Keep your contact and payment details current.
• Respond to revision requests and proofs within 7 days, or we may proceed with our recommended version.

7. Hosting, support and edits

• Your site is hosted on our infrastructure for the duration of your subscription.
• Monthly support includes a set number of small edits (text, photos, hours, services) as defined on the pricing page. Additional edits can be added via the Extra Edits Pack.
• We aim for 99.5% uptime but do not guarantee it. Planned maintenance is usually notified 24 hours in advance.
• Support is provided by email and text on business days (9am–5pm AEST, Monday to Friday). Pro tier includes a 24-hour SLA; other tiers are best-effort same-day.

8. Cancellation — this is the important one

Read this carefully, because it’s the single most important commercial term of the agreement.

8.1 How to cancel

You can cancel your subscription at any time by emailing hello@apexmarketing.com.au. There’s no cancellation fee for ending the subscription itself.

8.2 What cancellation means

When you cancel:

• Your subscription ends at the conclusion of your current paid month.
• Your website will remain live and hosted on our platform for 30 days after cancellation as a grace period.
• After 30 days, your website goes offline and is removed from our servers.
• You keep your own domain and any content/photos you originally provided to us.

8.3 If you want to keep the site — the migration buyout

Our setup fee ($199–$499) does not cover the real cost of building a custom website — it only covers the cost of bringing an existing template customer-ready. The monthly subscription is what recovers the true value of the build over time.

If you want to migrate your website off our platform to your own hosting and continue using the design, code and copy we’ve built for you, you can do so at any time by paying a one-off migration buyout fee equal to 24 months of your current monthly plan rate:

• Starter: $2,376 (24 × $99)
• Growth: $3,576 (24 × $149)
• Pro: $5,976 (24 × $249)

Once the buyout fee is paid:

• We transfer the complete site (code, design, copy, database) to a hosting environment of your choice.
• We grant you a perpetual licence to use the design and code on that site.
• You take over hosting, security, and maintenance responsibilities.
• Your monthly subscription ends.

This is optional. Most clients don’t choose this — they either continue the subscription or cancel and take their domain/content elsewhere to rebuild fresh with a new provider.

8.4 When we can cancel your subscription

We may cancel or suspend your subscription if you:

• Fail to pay after a 14-day grace and reasonable recovery attempts
• Breach these terms materially
• Use the service for unlawful purposes
• Abuse our team (harassment, threats, etc.)

In those cases we may remove the site with 7 days’ notice. No refund applies.

9. Refunds and guarantee

We offer a 10-day launch guarantee: if we haven’t delivered a completed, live website within 10 days of you completing onboarding (assuming we have all the information we need from you), you get your setup fee back in full. The monthly subscription will not have commenced yet at this point.

Outside this specific guarantee, setup fees are non-refundable once work has started. Monthly subscription fees are non-refundable for any partial month.

10. Limitation of liability

To the fullest extent permitted by Australian Consumer Law:

• We’re liable for direct losses caused by our negligence or breach, capped at the total amount you’ve paid us in the 12 months before the claim.
• We’re not liable for indirect or consequential losses (lost profits, lost customers, lost data beyond our backup policy, etc.).
• Nothing in these terms limits your non-excludable statutory rights under the Australian Consumer Law.

11. Changes to these terms

We may update these terms from time to time. For material changes, we’ll email active clients 30 days before the changes take effect. Continued use of the service after that constitutes acceptance. If you don’t accept the changes, you can cancel under Section 8.

12. Governing law

These terms are governed by the laws of New South Wales, Australia. Any dispute will be resolved in the courts of New South Wales. We agree to attempt to resolve any disputes through good-faith discussion before legal action.

13. Contact

Questions, concerns, or requests under these terms: hello@apexmarketing.com.au or 0478 651 167.