Terms and Conditions

Last updated: 29 October 2026

1. About these terms

These terms concern your use of the Word On The Street (WOTS), ABN 14 120 349 568, website. WOTS is based in Dee Why, NSW, on Sydney’s Northern Beaches. Contact Darren Coles at info@wots.com.au or 0420 908 356 with questions.

Browsing the website or sending an enquiry does not order a service, create a paid engagement or authorise a recurring charge. Paid work requires an accepted proposal, quote or service agreement identifying the contracting parties, scope and price. The paid-project terms below apply only when that document links to or supplies these terms before acceptance and expressly incorporates them. Written project-specific terms prevail over these general terms where they conflict, subject to applicable law. The version supplied at acceptance applies; later website updates do not retrospectively change an engagement.

2. Using the website

You may browse, share links and make reasonable copies for evaluating our services or your own internal reference, while retaining attribution and any copyright notices. You must not use the website to send spam, impersonate someone, submit malicious code, gain unauthorised access, collect personal details unlawfully or disrupt the website or other users.

Ordinary indexing by search engines and AI search discovery services is permitted, subject to our published crawler instructions and reasonable technical limits. That permission does not authorise republishing substantial content, harvesting contact details or representing our work as your own.

We may restrict abusive or harmful traffic where reasonably necessary to protect the website, investigate a security issue or comply with law. Legitimate enquiries and access to legal rights are not restricted by this clause.

3. Website content and intellectual property

WOTS and its licensors retain rights in original website copy, design, graphics and code. Client names, logos, screenshots and third-party materials remain subject to their respective owners’ rights. A portfolio example describes our stated involvement; it does not mean we created every part of that client’s website or own its business assets.

Except for permitted use above or rights provided by law, obtain written permission before copying, selling, adapting or republishing our content. You retain ownership of material you send us. You allow us to use it only as reasonably necessary to assess your enquiry or perform work you have authorised. An enquiry does not grant us a perpetual right to publish your ideas or confidential information.

4. Information, examples and search results

Website content provides general information about our services. We aim to keep it accurate, but you should confirm a detail material to your project before relying on it. Case-study figures relate to their stated source, period and circumstances; they do not promise the same outcome for another business.

We do not guarantee a search position, indexing, AI inclusion or citation, traffic level, lead volume, conversion rate or revenue. Search engines, AI systems, advertising platforms, competition and customer behaviour are outside our control. This does not reduce our responsibility to provide agreed services with the care, skill and other standards required by law.

5. Paid projects: scope, revisions and approvals

Acceptance occurs when the client approves the quote in writing, including by email or electronic signature, or pays a deposit after receiving a quote that states payment constitutes acceptance. The person accepting must be authorised to engage WOTS for the named client. An enquiry alone is not acceptance.

We provide the deliverables described in the accepted quote. Included pages, functionality, revision rounds, reporting, milestones and exclusions follow that quote. A revision refines the agreed work; a new design direction, additional feature, changed integration or additional content may be a scope change. We explain any additional fee and timing effect and obtain written approval before performing chargeable work outside scope.

The client supplies accurate content, required licences, authorised access and consolidated feedback through a nominated contact. The client must have rights to materials and instructions it supplies. We do not require an assignment of the client’s existing content or business data. The client is responsible for checking business facts, prices, product claims and legal notices it approves; WOTS remains responsible for its own agreed work.

We provide work for review against the agreed requirements. Please report missing requirements or defects promptly so we can investigate and correct matters for which we are responsible. Silence is not final approval and does not waive a remedy. Public launch requires written approval. Requests outside the agreed scope or changes after approval may require a separate quote.

Delivery estimates depend on timely content, access, decisions and third-party availability. We notify the client of material delays and agree reasonable revised milestones. If a project stalls, we discuss a pause, rescheduling or termination rather than automatically treating unfinished work as complete.

6. Paid projects: fees and payment

The quote states the price or charging basis, whether GST is included, deposit, payment milestones and invoice terms. Unless another due date is agreed in the quote, invoices are payable within 14 days of issue. Any deposit specified in the quote is payable before work begins and is credited against the project fees.

Hosting, domains, advertising spend, stock assets, subscriptions, third-party licences and provider charges are additional unless expressly included. We obtain approval before committing the client to additional third-party costs. No automatic debit or recurring payment authority is created by these terms alone.

Tell us promptly if an invoice is genuinely disputed, identifying the disputed amount and reason. Undisputed amounts remain payable. We will investigate the dispute in good faith. If an undisputed amount remains overdue after a written reminder and at least seven days to resolve it, we may pause the affected work on written notice. We will explain the effect on milestones and discuss resumption. We do not delete client data or disable a paid-for live website simply to pressure payment.

Final release or transfer of unpaid project deliverables may be conditional on payment of the fees due for those deliverables where stated in the quote. This does not permit withholding the client’s existing materials, business data or access to independently owned accounts. We impose no automatic penalty interest or flat debt-collection fee under these terms.

7. Paid projects: cancellation, ongoing work and handover

A client may cancel a one-off project by written notice. Unless statutory rights require a different outcome, the client pays for work properly performed up to cancellation at the agreed rates, or a reasonable evidenced portion of a fixed project price, plus approved third-party commitments that cannot reasonably be cancelled. We take reasonable steps to reduce avoidable costs. Amounts already paid are credited, any excess is refunded and any balance is itemised. The deposit is not automatically forfeited.

Where the quote states no minimum term or other cancellation period, ongoing services run month to month and either party may end them with 30 days’ written notice. We supply the agreed services during that notice period. No automatic new fixed term or charge for months beyond the agreed notice period applies. Any alternative minimum term, renewal mechanism or notice period must be clearly stated before acceptance.

If either party materially breaches the agreement, the other may give written details and at least 14 days to remedy a breach capable of remedy before terminating. An immediate, proportionate suspension may be necessary for unlawful instructions or a serious security risk; we explain the reason where lawful and discuss a remedy. This does not limit cancellation or refund rights under law.

On completion or termination, we provide the paid-for deliverables and included handover materials, return or arrange export of client materials and business data under our control, and cooperate reasonably with an authorised replacement provider. Additional migration or training outside scope is quoted before work proceeds. Project access is removed or transferred safely after handover; lawful record retention and confidentiality obligations continue.

8. Paid projects: ownership, platforms and support

Unless a different ownership arrangement is expressly agreed in the quote, on full payment of the applicable project fees we assign to the client the copyright we own in the final custom design, content and project-specific code created for that client. The client’s own materials and business data remain theirs throughout. Drafts and unused concepts are not included unless agreed.

WOTS retains pre-existing materials, tools, methods and reusable components. Where those are embedded in a paid-for deliverable, the client receives a perpetual, non-exclusive, royalty-free licence to use, maintain and modify them as part of that deliverable, including through an appointed developer. Third-party and open-source components retain their own licences; any material transfer or renewal restrictions should be disclosed before selection. An agency subscription is not automatically a transferable client licence.

Domains and client-owned platform accounts should be registered in the client’s name, with WOTS receiving only the access needed for the work. The quote identifies responsibility for renewals, hosting and subscriptions. WOTS will seek permission before using non-public client work or results for promotion.

Hosting, security maintenance, updates, monitoring, backups, restore testing and ongoing support are included only where agreed. Before a migration or deployment, we agree who takes and verifies backups, approves release and manages rollback. A backup obligation expressly accepted by WOTS remains our responsibility.

Third-party platforms may change their products, fees, APIs, policies and availability. We cannot guarantee their uninterrupted operation. We assess any impact on agreed work and obtain approval for additional chargeable integration work. A failure to meet the agreed specification is handled as a correction, not automatically charged as a new feature. No clause excuses WOTS from the care, skill or remedies required by law.

9. Privacy and confidential information

Our Privacy Policy explains handling of personal information. Do not send credentials, payment-card details or sensitive data through the public enquiry form. We will arrange appropriate access for an agreed project.

Each party should protect non-public business information received for a project, use it for the agreed purpose and share it only with authorised people who need it, or where law requires disclosure. A client must have the necessary authority and privacy arrangements for customer data it instructs WOTS to process. Project-specific data handling obligations should be recorded in writing.

10. Availability, liability and your legal rights

We may update or interrupt this public website for maintenance, security or other reasonable operational needs. External websites and platforms are operated by their owners. A link is not an assurance of their availability, accuracy or suitability.

Nothing in these terms excludes, restricts or modifies consumer guarantees or other rights that cannot lawfully be excluded under the Australian Consumer Law or other applicable law. Where those guarantees apply, you may be entitled to remedies including correction, resupply, cancellation, a refund or compensation, depending on the circumstances.

To the extent permitted by law, WOTS is not responsible for losses caused by unlawful use of this website, changes you or an unauthorised third party make, or third-party failures beyond our reasonable control, except to the extent WOTS caused or contributed to the loss or is otherwise responsible by law. Any project-specific liability allocation must be set out in the accepted service agreement. These terms do not exclude liability for fraud, wilful misconduct or a liability that cannot lawfully be excluded.

11. Concerns and disputes

Please contact us first with the relevant facts and the outcome you seek so we can try to resolve a concern promptly. The parties may agree to mediation if useful. This process does not prevent urgent court action, a complaint to a regulator, or exercise of a statutory right.

These website terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of its courts and courts entitled to hear appeals from them, subject to any mandatory rights or rules that apply elsewhere.

12. Updates

Changes apply to use of the website after the revised terms are published. They do not automatically vary an already accepted project agreement. If a provision is unenforceable, the remaining provisions continue to the extent they can operate lawfully.