Legal

Terms of service

These govern the work itself: what you are buying, what each of us does, and what happens when something goes wrong. They are the agreement behind every payment button on this site.

Version 1.0, in force since 11 September 2026.

Using the website is covered separately, and the privacy policy covers information about you.

The short version

You buy a fixed scope at a fixed price. I do that scope. Anything outside it gets quoted before it is done, never added to an invoice you have not seen. Everything built for you is yours the moment it is paid for, in accounts that were already in your name. If it does not match what was agreed, it gets fixed, and your rights under the Australian Consumer Law sit above every word below.

The rest of this page is the detail. It is written to be read, and if a clause here cannot be explained in one sentence it should not be here.

The agreement

Who this is between

The supplier is ETP Consulting Pty Ltd, trading as Evolution Web Studio, of Redlands and greater Brisbane, Queensland. Below, “I” means that business and “you” means the business named on the payment or on the proposal. If you are buying on behalf of a company, you are telling me you are allowed to.

When these terms apply

They apply from the moment you pay for a product on this site, and from the moment you accept a written proposal that refers to them. If you have not bought anything, they do not apply to you and the website terms of use are the ones that do.

Which version applies

The version in force on the day you paid or accepted is the version that governs your job, for the whole job. A later version never reaches backwards into work already under way. The version number and its date are at the top of this page, and every version that has ever existed is listed at the bottom with a note saying what changed.

That is not a courtesy. Terms that can be edited quietly are terms only one side can rely on, and a site that takes money from a button is exactly where that matters.

What beats what

Where a signed scope document or a written proposal says something different from this page, that document wins for your job and this page fills in everything it does not mention. Where either of them conflicts with the Australian Consumer Law, the law wins and the clause is read down to whatever is left of it.

The work

What you are buying

A named product with a written scope. The product page lists what is in it and what is deliberately outside it, and for a Foundation build the scope document issued after the Scope and Architecture Sprint is the definitive list. What you receive at each stage is on how it works.

Anything not listed is not in the price. That is not a trap, it is the mechanism that keeps the price fixed, and every exclusion carries its reason on what is not included.

The two express builds are laid out from one of the published layout kits and your supplied content is placed into it. They are not a bespoke design at a lower price, and nothing on those pages says they are.

If the job is not the shape it looked

An express build is priced on a small number of hours, and a fixed list of conditions turns it into a much larger job: unwritten content, images needing preparation, a migration, more than one form, personal data, an editing system, accounts that do not exist yet, a second approver, logo work, consent-gated tracking, and social or email set-up. The list is not reproduced here on purpose. It lives in the gate the quote actually runs, it is published in full through the two-minute scope check, and a list copied into a legal document is a list that goes stale without anybody noticing.

If one of those turns up once I see the real material, I tell you before I do the work, and you choose: the payment moves onto the larger build, or it comes back in full. It is never kept for work that was never possible at that price, and the answer is never to quietly do it anyway and absorb it.

Paying

Card payments are handled by Stripe. The card details are typed on Stripe's own page and never touch this site, which is why there is no card form here and never will be. The card fee is already inside the price. It is part of the cost model rather than a line added at the end, so the figure you agree is the figure you pay.

Every price on this site is stated before GST. GST is added at the checkout and the total is shown before any card detail is entered.

The Scope and Architecture Sprint, the Website Diagnostic and the two express builds are paid in full before the work starts. The Foundation tiers are not paid from a button. They follow a written scope and a fixed price, and each of the three stages is invoiced when the milestone it is attached to is actually reached.

If an invoice goes past its due date I will tell you before anything stops, and the work pauses rather than turning into a penalty. Nothing already delivered is taken back or switched off, because none of it is held in my name to switch off.

What I need from you

A fixed price rests on a fixed set of inputs, so these are obligations rather than requests:

  • One person who can approve. Two approvers with different opinions is the single most expensive thing that happens to a small build, and it is one of the eleven express conditions for that reason.
  • Your content and images, in the form the brief asks for, by the date the brief sets.
  • Access to the accounts the build needs, by named invitation to accounts you own. The access guide walks through each one, including what I can and cannot do once I am in.
  • Answers and approvals within five business days of being asked, or a date when they will come.

When something does not arrive, the clock pauses and the price does not move. If nothing arrives for thirty days I will write once more, then build and deliver from what was supplied and close the job. Anything that turns up afterwards is quoted as a change. If you need longer than that, say so and we will set a date instead: a paused job is not a lost one, and I would rather hold it open than deliver something thin.

How long it takes

The duration on each product page is typical, not committed. A date becomes a commitment only when it is written into a scope, and only after I have checked honestly whether the capacity is there. Waiting on you, waiting on a registrar, a host or a payment provider, and any change you ask for all stop the clock while they last.

Changes to the scope

Anything outside the agreed scope gets a written note first: what it is, what it costs, and what it does to the date. You say yes or no before it is done. Nothing arrives on an invoice you have not already seen and agreed to.

Fixing something that does not match the scope is not a change, it is a defect, and it costs nothing. The difference matters and I will tell you which one I think it is rather than leaving it to the invoice.

Approving the work

Each stage ends with a request to accept it, listing what was done and what you are accepting. If I have not heard back within seven days and the work matches the scope, it is treated as accepted so the next stage can start.

Being treated as accepted moves the job on. It does not sign away a defect. Anything that does not match the scope is still a defect after acceptance, and it still gets fixed.

After launch

Every product carries a defect cover period, 7 to 30 days depending on which one you bought, and the number for yours is on its own page. Inside it, anything that does not match the signed scope or does not work as described gets fixed at no charge.

A change of mind, new content, a new feature, or a third party changing their own product are not defects. Those are care plan work or hourly work, quoted the same way as any other change.

The defect period is a service level, not a limit on your legal rights. Those are further down and they outlast it.

Ownership

Who owns what

When the work is paid for in full, the copyright in the pages, layouts, text and images made specifically for you passes to you. Before then you have a licence to look at it and comment on it rather than to publish it, which is the only thing that payment in full actually secures on a build somebody could otherwise take live and walk away from.

The domain, hosting, source repository, email, analytics and every other account are created in your business name from the start, so there is no transfer to wait for and nothing of yours sits in my name at any point. The full register is on what you own.

What stays mine

The layout kits, the pricing engine, the build tooling, the check scripts and anything else that existed before your job or is reused across jobs stay mine. You get a licence to keep using all of it inside your own site, for as long as you like, including after we have parted company. Nothing in your website stops working because the relationship ended, and nothing needs renewing with me to keep it running.

Typefaces, stock material and any third-party component are licensed rather than owned by either of us. Every one is recorded with its licence and handed over with the site, so you can answer for what is on your own pages without asking me.

Showing the work

I may show what was built and name you as a client, in a portfolio, a case study or a proposal. If you would rather I did not, say so at any point and I will not, at no cost and with no argument. Nothing confidential about your business goes into any of it either way.

Accounts and the costs you pay direct

You pay the registrar, the host, the mail provider and any paid component directly, on your own card. I never hold the card, never take the renewal and never stand between you and the company you are buying from. An account paid on my card would be an account in my billing relationship whatever name was on it, and that is the difference between owning something and being told you own it. There is no markup, because there is no invoice from me to mark up. The direct costs are set out before anything is agreed.

Content and data

Your content

When you send me words, images, logos, product details or customer quotes, you are telling me you own them or have the right to use them, and that what they say is accurate. The claims on your website are yours. I will tell you when something needs evidence behind it, and I will tell you which claims worry me, but the evidence is yours to hold and produce.

I can refuse to publish anything I believe is misleading, unlawful, or that neither of us can evidence, and that refusal is not a breach of this agreement. A price that is not really the price, a review nobody wrote, a credential nobody holds, a delivery time nobody meets. I will explain what is wrong with it and offer the honest version instead.

If somebody brings a claim against me because of content you supplied, you cover what it actually costs to deal with it, reduced by anything that was my doing rather than yours.

Where an AI tool is used, and where it is not

AI assists drafting, code and checking on this practice, and saying otherwise in 2026 would be theatre. What it is never used for is more useful to you than that admission:

  • Inventing a testimonial, a review, a rating or a case study.
  • Inventing a statistic, an award or a credential, yours or mine.
  • Generating an image presented as your premises, your staff, your stock or your completed work.
  • Writing a claim that nothing stands behind.

Where a tool is used on your material, it is one that does not train on what is sent to it, and that is confirmed before the tool is used rather than assumed. Everything generated is read line by line by a person before it reaches you, and I am answerable for it exactly as if I had typed it. A machine drafted it is not an excuse that exists here.

Privacy, yours and your customers

What I hold about you and how it is handled is in the privacy policy. Where I hold access to your accounts it is by named invitation with two-step sign-in, and it can be removed in a minute without breaking anything.

What your own website collects from your customers is your responsibility as the business collecting it. The scope records what your forms collect, which providers are involved, what tracking is present and how long data is kept, and you approve that record before launch. Sensitive or regulated intake is outside the standard products, and the fit gate says so before a quote exists rather than afterwards.

Rights and limits

What is not promised

Search engines, answer engines, social platforms and advertising platforms independently decide whether and how to crawl, index, rank, summarise, cite, distribute or approve content. Rankings, citations, traffic, leads and revenue are not guaranteed.

Every build is submitted to a search engine and indexing is confirmed rather than assumed, because a site nobody submitted is a site nobody can find. That is a deliverable and it is on the list at every tier. Where it ranks afterwards is not mine to sell.

The site runs on hosting in your name, so its availability is that provider’s commitment to you rather than mine, unless a care plan says otherwise in writing.

Your rights under the Australian Consumer Law

Services like these carry consumer guarantees that cannot be excluded, restricted or modified by anything written here or anywhere else.

They reach a business buyer as well as an individual. Acquiring services for less than $100,000 makes you a consumer for this purpose whatever the size of your business, and every product on this site sits a long way under that figure.

The guarantees are that the work is carried out with due care and skill, that it is reasonably fit for any purpose you made known to me, and that it is supplied within a reasonable time where no date is fixed. If the work fails one of those guarantees in a major way you can cancel and ask for a refund; where the failure is not major it gets put right within a reasonable time.

Nothing on this page, in a proposal or on an invoice excludes a statutory guarantee, and no clause here should be read as an attempt to.

Limits on liability

Subject to everything in the section above, and to the extent the law allows:

  • My liability for anything arising out of the work is limited to the fees you paid for the part of the work the claim relates to.
  • I am not liable for lost profit, lost revenue, lost data or any other indirect or consequential loss.
  • I am not liable for a third party’s own service failing, including a registrar, a host, a mail provider, a payment provider or a search engine, although I will help you deal with it.
  • I am not liable for content you supplied, or for a change somebody else made to the site after handover.

A cap that sat below what you paid would be worth nothing to you, so it does not. This one is the fee, and it is stated plainly rather than buried.

Stopping

Cancelling, and getting your money back

The Scope and Architecture Sprint. If I decline the job after the session, or if I cannot make the time, the fee is refunded in full. If you cancel more than 24 hours before, it is refunded in full. Inside 24 hours I will move it once. The fee comes off the first invoice if you go ahead within 60 days, so for anyone who builds it costs nothing.

The Website Diagnostic. If I look at the site and conclude there is nothing in it worth examining at this price, I say so and refund the fee in full rather than padding a report to justify it. Once the report is written it is not refundable, because you have it. It is credited in full against a Foundation build commenced within 90 days, so for anyone who goes ahead it costs nothing.

The express builds. If the job turns out to be outside the express tier once I see the real content, you choose: the payment goes onto the larger build, or it comes back in full. It is not kept for work that was never possible at that price.

The Foundation tiers. Each stage is invoiced when its milestone is reached. If you cancel, the work properly performed to that date is reconciled along with any direct costs already committed, less anything avoided. That is a calculation, not a penalty.

None of this reduces your rights under the Australian Consumer Law. Those apply whatever a website says, and nothing here is an attempt to contract out of them.

If either of us needs to stop

You can stop at any time, for any reason, by telling me in writing. The work properly done to that date is reconciled along with any direct costs already committed, less anything avoided, and the balance comes back. You keep everything you have paid for.

I can stop if an invoice stays unpaid after I have told you about it, if I cannot get what the build needs for sixty days, or if I am asked to publish something I will not publish. You get the work done to date and a refund of anything paid for work not done.

Either way there is no handover to negotiate. The domain, the hosting, the code and every account were already in your name, so nothing is held back and nothing is held hostage. That is the whole reason the ownership model is built the way it is, and it is worth more on the day a relationship ends than on any other day.

Confidentiality

It runs both ways. Your figures, your plans, your customer information and anything else not already public stay private, during the work and afterwards. The same applies to anything I show you about how this practice runs. Neither of us needs a separate document for that, and if your business needs one anyway I will sign it.

Who does the work

Tony Pope does it. Where a specialist is genuinely needed, photography, a migration, or copywriting at volume, you are told who before they start, they are bound by the same obligations through me, and I stay answerable to you for their part of it.

The rest of it

Things outside either of our control

Neither of us is in breach for a delay caused by something genuinely outside our control: an outage at a host or a registrar, a natural disaster, an illness, a failure of the electricity or the internet. Whoever is affected tells the other as soon as they know, and if it goes on long enough to make the work pointless either of us can stop it under the section above.

If we disagree

Tell me first, in writing, with what you think would put it right. You will get an answer within five business days. Most of what goes wrong on a small build is fixed at that step, and it is a great deal cheaper than every step after it.

If that does not settle it, either of us can suggest mediation before anybody goes near a court. Neither of us has to agree to it, and neither of us gives up any right by asking.

Changing these terms

A new version applies to work started after it is published, and never to a job already under way. Every version is listed at the bottom of this page with a date and a note saying what moved. If a change matters to a job of yours that is still running, you hear it from me directly rather than finding it on a web page.

The ordinary clauses

  • Notices. In writing, by email, to the addresses used on the job.
  • Handing it on. Neither of us can transfer this agreement without the other agreeing, except that I can transfer it to a business I control that takes over the practice, and your accounts are unaffected either way because they were never mine.
  • Severability. If one clause turns out to be unenforceable, it is severed and the rest stands.
  • Waiver. Not enforcing something once does not give up the right to enforce it later.
  • The whole agreement. These terms, the product page, the written scope or proposal, and the invoice are the whole of what was agreed. Nothing said in a meeting and not written down forms part of it, which cuts both ways and is the reason the scope document exists.
  • No partnership. This is a contract for services. It does not make either of us the other’s employee, partner or agent.

Governing law

These terms are governed by the laws of Queensland, Australia, and the courts of Queensland have jurisdiction.

Getting in touch

Anything about these terms, before or after you buy, goes to hello@evolutionwebstudio.com or 0431 124 128. Asking a question about a term before you pay is a great deal easier than arguing about one afterwards, and it costs you an email.

Version history

Every version of this document

Changes are published here with a version number, a date and a note saying what moved. Nothing is edited quietly.

Version 1.0, 11 September 2026
First published version. Written because three products can be paid for from a button, and a payment with nothing behind it in writing is a contract whose terms only one side has seen.

The visible text of this document is fingerprinted when the site is built and checked against the version above. Change a word without adding a version here and the build fails, so the change cannot reach the internet. A list of changes nothing enforces is a list of the changes somebody remembered to write down.