Magnet Platform Service Agreement

This agreement

This agreement is between Magnet Agency Pty Ltd (ABN 48 691 102 959) ("Magnet", "we", "us") and the business or person signing up to the Magnet Platform ("you").

By ticking the box to accept this agreement at checkout and completing your first payment, you confirm that you have read and agree to these terms, and that you are authorised to agree on behalf of your business. The agreement starts on the date of your first payment.

What's included

For your monthly fee, the Magnet Platform includes:

1. A custom website designed and built by Magnet for your business, including standard pages agreed with you during onboarding and an enquiry form.
2. Hosting on Magnet's infrastructure, including an SSL certificate and connection to your domain.
3. Ongoing maintenance, including security updates, performance checks and fixes to anything we built that stops working.
4. Access to the Magnet CRM for managing your leads and enquiries, for as long as your plan is active.
5. A client dashboard where you can edit your own words, photos, projects and other listed content.
6. Support by email during Queensland business hours, including reasonable small content changes you ask us to make.

What's not included

Unless we agree otherwise in writing, the plan does not include:

• advertising spend or paid ads management;
• photography, video, or writing large amounts of new copy;
• new pages, features or redesigns beyond the scope agreed at onboarding;
• domain name registration or renewal, and email hosting;
• third-party software, plugins or paid tools you ask us to add.

We are happy to quote on any of these separately.

Building your website

After your first payment we will run an onboarding session to collect your content, branding and preferences. We aim to launch your website within 3 days of receiving everything we need from you. Delays in getting us content, approvals or access will push this timeline out.

Your plan includes unlimited revisions on the design before launch, until you are happy with your website. Once your website is live, ongoing changes fall under maintenance and support in clause 2.

Payment and billing

1. The plan costs $495 AUD per month, charged in advance to the card or payment method you provide at checkout. Payments are processed securely by Stripe. Magnet does not store your card details.
2. Your first payment is taken at sign-up. After that, you will be charged automatically on the same date each month.
3. If a payment fails, Stripe will try again over the following days and we will let you know. If payment is still outstanding after 14 days, we may pause your website and CRM access until it is paid.
4. We may change the monthly price by giving you at least 30 days' written notice. If you do not want to continue at the new price, you can cancel before it takes effect.

Cancelling

1. To cancel, email your Magnet contact before your next billing date. Cancellation takes effect at the end of the billing month you have already paid for, and you will not be charged again.
2. Monthly fees already paid are not refundable for part months, except where the Australian Consumer Law requires a refund.
3. When cancellation takes effect, your website will be taken offline and your CRM access will end. Clause 7 explains what you keep.

Ownership

What's always yours. Your business name, logo, domain name, the content you supply (text, photos, videos), and every lead and customer record in your CRM. These belong to you from day one and leave with you whenever you choose.

What the platform provides. The website design, code, templates and systems that make up the Magnet Platform are built and owned by Magnet. While your plan is active, you have full use of your website for your business, and we handle everything behind it. That right to use the website ends when the plan ends.

Taking your website with you. Because the cost of building your website is spread across your monthly fees rather than charged upfront, you have the option to buy it outright if you ever leave, for a one-off buyout fee. Just ask, and we will confirm the fee in writing before you decide.

Once the buyout fee is paid, we will transfer ownership of the website design and files to you and help move them to a host of your choice. Ongoing hosting, maintenance and CRM access are not included after transfer.

Getting your data. Whether or not you buy out the website, you can ask us to export your content and CRM data within 30 days of cancellation. After that, we may permanently delete it.

Your responsibilities

1. Give us accurate information and the content, access and approvals we need, in reasonable time.
2. Make sure you have the right to use anything you give us, such as photos, logos and text, and that it is lawful and accurate.
3. Keep your domain name registered and renewed, and give us the access we need to connect it.
4. Keep your dashboard and CRM logins secure, and tell us if you think they have been misused.
5. Use your website and CRM lawfully, including for spam, privacy and advertising rules.

Hosting and backups

We take reasonable steps to keep your website online, secure and backed up. Like any online service, hosting can occasionally be interrupted by maintenance, outages at our providers, or events outside our control. We will work to restore service as quickly as we reasonably can, but we cannot guarantee your website will be available 100% of the time.

Privacy and your data

Your website and CRM will collect enquiries and details from your customers. You are responsible for having a privacy policy and for collecting that information lawfully. Magnet will only access and use your data to provide the plan, will keep it confidential, and will handle personal information in line with the Privacy Act 1988 (Cth) where it applies to us.

Liability

1. Nothing in this agreement excludes, restricts or changes any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
2. To the extent the law allows, Magnet is not liable for indirect or consequential loss, including lost profits, lost leads or lost revenue.
3. To the extent the law allows, Magnet's total liability under this agreement is limited to the fees you paid us in the three months before the claim arose.
4. We do not guarantee any particular number of leads, rankings or sales from your website.

When we can end it

We can end this agreement by giving you 30 days' written notice. We can also end it or suspend the plan immediately by written notice if:

• a payment is more than 30 days overdue;
• you seriously breach this agreement and do not fix it within 14 days of us asking; or
• your website is being used for unlawful, misleading or harmful purposes.

If we end the agreement for convenience with 30 days' notice, the buyout fee in clause 7 will not apply and we will transfer your website files to you on request.

General

1. Changes. We may update this agreement by giving you at least 30 days' written notice. If you do not agree to the changes, you can cancel before they take effect.
2. Notices. Notices can be sent by email to the most recent email address each party has given the other.
3. Contractors. We may use trusted contractors to help deliver the plan. Magnet remains responsible for their work.
4. Whole agreement. This agreement, together with any written onboarding scope we agree with you, is the whole agreement between us about the plan.
5. Governing law. This agreement is governed by the laws of Queensland, Australia, and both parties accept the jurisdiction of Queensland courts.