Terms
Version 1.0 · 24 October 2026
1. About these terms
1.1 These terms are an agreement between you (the business using our services) and James Franklin, a sole trader trading as Ultra Modern Studio, "we" or "us". Contact: [email protected].
1.2 You accept these terms when you tick "I agree to the terms" in your portal, or when you pay for any of our services. They apply to every service we provide to you.
1.3 In these terms:
- Website means the website we design or build for you, including its pages, design, code and files.
- Your content means the words, photos, logos, prices and other material you supply or that came from your existing website.
- Portal means your private area at ultramodernstudio.com.au/portal.
- Request form means the change request form in your portal.
- Business day means a weekday that is not a public holiday in Queensland.
2. Our services and plans
2.1 Free preview. We may redesign your existing website and show it to you privately in your portal at no cost. You are under no obligation to buy anything. A preview uses only content that is already public on your website, is shown only to you, and we will delete it within 30 days if you ask.
2.2 The options below are available after a preview. All prices are in Australian dollars. We are not registered for GST, so no GST is added.
| Option | Price | What you get |
|---|---|---|
| Keep it as it is | $100 once | The redesigned website exactly as previewed, as files you own, plus a plain-English guide to host it yourself. The $100 is credited in full toward a build or the hosted plan if you upgrade later. |
| Simple build | $500 once | A website tailored to your written brief, up to 8 pages, with enquiries sent to your email and 2 rounds of revisions. Files handed over. |
| Complex build | $1,000 once | Everything in Simple, plus features such as online payments, bookings, sign-up lists, listings you update yourself, or more than 8 pages. 3 rounds of revisions. Files handed over. |
| Custom build | Quoted | Work beyond a Complex build, quoted in writing before we start. |
| Hosted and cared for | $70 a month, 12-month plan | We host your website, connect your web address, and make unlimited everyday updates sent through the request form. All features we offer, now or later, are included at no extra build fee. |
2.3 Phone receptionist call time, if you choose that feature, is charged at our cost, shown in your portal before you turn it on.
2.4 A revision round is one set of changes sent together in one request. Extra rounds, or changes that go beyond the agreed brief, are quoted before we do them.
3. Payments
3.1 You pay through the secure payment page linked from your portal, processed by Stripe. We never see or store your card details.
3.2 One-off options (Keep it as it is, Simple, Complex) are paid in full before we hand over files or start a build. Custom builds are paid as set out in the written quote.
3.3 The hosted plan is paid monthly in advance on the same date each month, starting the day you choose it.
3.4 If a monthly payment fails, we will email you and Stripe will retry. If it is still unpaid 14 days after we email you, we may pause updates until it is paid. We will not take your website offline for an unpaid amount without giving you at least 14 more days' written notice.
3.5 Refunds. Because you see your full preview before paying, we do not refund one-off options for a change of mind. If something we built does not work as described, we will fix it at no cost, and if we cannot fix it within a reasonable time you can ask for a refund of what you paid for that part. This does not limit your rights under the Australian Consumer Law (see clause 9).
4. Hosted plan: term, renewal and cancelling
4.1 The hosted plan has a minimum term of 12 months from the date your website goes live on our hosting.
4.2 After the first 12 months, the plan continues month to month at the same price until you or we cancel. We will remind you in writing at least 30 days before your first 12 months end. We will not change the price during your first 12 months. We will give you at least 30 days' written notice of any later price change, and you can cancel before it applies without any fee.
4.3 Cancelling after 12 months. Cancel any time by request form or email, with 30 days' notice. No fee applies.
4.4 Cancelling in the first 12 months. You can cancel at any time with 30 days' notice. Because the plan includes your build with no build fee, an early exit fee applies: 50% of the monthly fees remaining in your first 12 months, after the 30-day notice period. This fee reflects the build and set-up work included in the plan at no upfront cost, and it is the most you will pay to leave early.
Example: you cancel at the end of month 4. You pay month 5 as the notice month, then 50% of months 6 to 12 (7 months × $70 × 50% = $245).
4.5 When the plan ends, for any reason, we give you a copy of your website files and your content within 10 business days, so you can host it elsewhere. Your web address and email stay with you throughout, so nothing needs to be handed back.
4.6 We may end the hosted plan with 60 days' written notice (for example, if we stop offering hosting). In that case no early exit fee applies and we will help you move your website.
5. Changes and requests
5.1 Every change, brief or request is made through the request form in your portal. This keeps a written record, so nothing is lost or misunderstood. We do not action requests made by phone, text or social media; if you call, we will send you the form link.
5.2 On the hosted plan, everyday updates (wording, photos, prices, listings, opening hours and similar) are included without limit. They are usually live within two business days of a complete request. This is a usual timeframe, not a guarantee.
5.3 Larger work, such as a new section or feature that needs new design or building, is still included on the hosted plan, but we will tell you the expected timeframe before we start.
5.4 For one-off options, changes after handover are quoted before we do them.
5.5 Unless you choose otherwise in the request, we show you changes in your portal to approve before they go live.
6. What we ask of you
6.1 Your content. You confirm you own, or have permission to use, all content you supply or that is on your existing website, and that it is accurate and lawful. You are responsible for your prices, product details and claims.
6.2 Your web address and email. Your web address (domain) stays registered in your name with your domain company, and you keep paying for it. Your email is separate from your website and we never change it.
6.3 Your accounts. We never ask for your passwords. Where a feature needs one of your accounts (for example your own Stripe account for online payments), you set it up and, if needed, invite us with limited access.
6.4 Going live. To switch your web address to the new website, you change one setting in your own domain account, with our step-by-step guidance. We are not responsible for changes you or others make to your domain or email settings.
6.5 Your old website. Please keep your old website plan until your new website has run smoothly for two weeks.
7. Who owns what
7.1 You always own your content.
7.2 One-off options. Once paid in full, you own the website files we hand over and can use, change or host them however you like.
7.3 Hosted plan. While you are on the plan, you have full use of your website. When the plan ends and any fees owing are paid, you own the files we hand over under clause 4.5.
7.4 Some parts of a website, such as fonts, icons, code libraries and features run by other companies, are used under those companies' own licences. You get the same rights to them that we have.
7.5 Showing our work. We may show your website, and before-and-after pictures of it, in our portfolio and marketing. If you would rather we didn't, tell us through the request form and we will remove it.
7.6 We will not show anyone your free preview, your preview code or your private details without your permission.
8. Hosting providers and outages
8.1 We host websites with third-party providers, currently Cloudflare, and some features rely on other providers (for example Stripe for payments and the providers behind the AI chat assistant). We choose reputable providers, but we do not control them and they do not guarantee constant availability.
8.2 We are not responsible for any loss caused by an outage, fault or change at a third-party provider, or by events outside our reasonable control.
8.3 Free month. If your website is unavailable for more than 24 hours in a row because of a fault at our hosting provider, we will credit one month of your hosted plan fee. One credit applies per outage, and credits have no cash value.
8.4 If an outage happens, we will tell you what we know, work with the provider to restore your website, and keep you updated.
9. Consumer law and limits on liability
9.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms removes or limits those rights.
9.2 Where the law allows, and because our services are supplied to businesses, if we fail to meet a consumer guarantee our liability is limited to, at our choice, supplying the service again or paying the cost of having it supplied again.
9.3 Subject to clauses 9.1 and 9.2, each party's total liability to the other for all claims is limited to the amount you paid us in the 12 months before the claim arose. This limit does not apply to fees you owe us, or to claims caused by content you supplied that you did not have the right to use.
9.4 Subject to clause 9.1, neither of us is liable for indirect or consequential loss, such as lost profits, lost sales or lost data.
9.5 Our liability is reduced to the extent a loss is caused by you, your content, your other providers, or changes made by someone other than us.
9.6 Clauses 9.3 to 9.5 do not apply to loss caused by fraud, wilful misconduct, or personal injury.
10. Privacy, assistant features and general terms
10.1 Privacy. We only collect the details we need to provide our services (such as your name, business, email and payment records). We do not sell them. Enquiries sent through your website go to you, not us, except where a feature needs to pass them on (for example, an enquiry form emailing you). We handle personal information in line with the Australian Privacy Principles. Our providers may store information on servers outside Australia. We only email you about your services, and you can opt out of any other emails at any time.
10.2 AI chat assistant and phone receptionist. If you choose these features, they answer from information about your business that you approve. They can make mistakes, so they tell visitors they are automated and point them to you for anything important. You are responsible for checking the information they use, and we will update it through the request form. Conversations may be stored for up to 30 days so we can improve answers, without card or password details.
10.3 Confidentiality. We each keep the other's private business information confidential, unless the law requires otherwise.
10.4 Ending for a serious breach. Either of us may end this agreement by written notice if the other seriously breaches it and does not fix the breach within 14 days of being asked. If we end it because of your unpaid fees, clause 4.4 applies. If you end it because of our breach, no early exit fee applies.
10.5 Changes to these terms. We may update these terms by giving you at least 30 days' written notice. If a change is not to your benefit, you may cancel before it takes effect without any fee.
10.6 Disputes. If something goes wrong, please tell us through the request form or email so we can fix it. If we cannot resolve it within 30 days, either of us may seek help from the Queensland Small Business Commissioner or take other action.
10.7 Governing law. These terms are governed by the laws of Queensland, Australia.
10.8 These terms, together with any written quote you accept, are our whole agreement about our services.
10.9 If any part of these terms is found to be invalid or unenforceable, that part is removed and the rest continues to apply.