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Who these terms apply to
These terms govern your use of opdigital.com.au and any services provided by Samuel Cohen O'Leary Pettit (ABN 18 418 098 248) trading as OP Digital, Perth WA. By engaging our services or submitting any form on this site, you agree to these terms.
Our services
OP Digital provides website design and development, AI-powered business automation, and related consulting services for local businesses. Specific deliverables, timelines, and pricing are agreed in writing before work begins.
We sell two different kinds of engagement, and several clauses below depend on which one you are on:
- A monthly plan. An ongoing subscription covering your website and the automations in your plan. There is no upfront fee. Your monthly payments pay off the $997 website, so it is yours outright once they total $997: your fourth paid month on the $299 plan, your second on the $499 plan. The automations run on our platform for as long as your plan is active. If you pay for a year up front, that one payment covers 10 months, so the website is yours outright from the day the payment clears.
- A website-only build. A one-off build fee paid up front, plus a monthly care plan covering hosting, care and changes. You own the website from the day the build fee is paid in full.
Free audit
The free lead-loss audit is a no-obligation assessment. Submitting the form does not create a contract or obligation on either party. We reserve the right to decline requests at our discretion.
Payment
Payment terms are set out in your individual service agreement. All prices are in Australian dollars and stated exclusive of GST. OP Digital is not currently registered for GST, so no GST is charged. Monthly fees are billed monthly in advance.
On a monthly plan, there is no setup fee and no deposit. Your 14-day trial is free while we build and launch your system, and your paid billing begins automatically on day 15 unless you cancel before the trial ends. Cancel before the trial ends and you pay nothing.
On a yearly plan, you pay for 10 months up front and we serve you for 12. Yearly billing is available on our monthly plans only; a website-only build is not eligible for yearly billing. Your year starts on the day your payment clears, and it renews for another year unless you cancel before it renews. We email you a reminder at least 14 days before a renewal payment is taken.
On a website-only build, the one-off build fee is payable up front, before the build starts. The monthly care plan is separate from that fee and is not a deposit against it. Your care plan billing starts on the day your website goes live, so you are not charged a monthly fee while we build. The 14-day free trial applies only to our managed monthly plans. It does not apply to the A$997 website-only build or its optional A$79/month care plan.
Results
We work hard to deliver real outcomes for every client. However, we cannot guarantee specific business results such as revenue increases or lead volumes, as these depend on factors outside our control.
Guarantees
Where your agreement includes the 2-Day Change Guarantee: you ask for a change and it is live within 2 business days of you sending us what we need, or that month is 25% off. The guarantee covers up to 4 change requests per calendar month, one at a time, with a maximum of one discount per calendar month however many requests were late. Business days are Monday to Friday in Perth, Western Australia, excluding WA public holidays. Change requests must be sent to changes@opdigital.com.au so that receipt is timestamped. A change is out of scope, and outside the guarantee, where it is not an edit to something that already exists. New pages, redesigns, new functionality and new integrations are quoted separately.
On a yearly plan there is no monthly invoice to take 25% off, so the same value is applied as a credit worth 25% of one month at your monthly rate against your next renewal, with the same limits: up to 4 change requests per calendar month, one at a time, and a maximum of one credit per calendar month. If you cancel before that renewal, we pay the credit out to you rather than let it lapse.
The 7 Business Day Website Guarantee (A$997 website build). Your website is live within 7 business days, or it is free. If we miss, we refund the A$997 build fee in full to the card you paid with, within 5 business days of the missed deadline, and you keep the site. Here is exactly how it works.
When the clock starts. Day 1 is the first business day after we have all of these: your A$997 payment, your logo, your photos, your list of services, access to your domain, and your completed brief. When the last of those arrives we email you a “Content received” note with the date. That email is the start of the clock.
When the clock pauses. The clock pauses on any business day we are waiting on you: for content, for feedback on a draft, for access, or for approval. We send a “Paused, waiting on you” note the day it happens and a “Resumed” note when it clears. Paused days do not count. If a draft waits on your feedback for more than 10 business days the guarantee ends; we still finish your site.
What “live” means. Your site is publicly reachable on your own domain, or on a temporary opdigital.com.au address if your domain access has not arrived, on or before the seventh counted business day. Business days are Monday to Friday in Perth, Western Australia, excluding WA public holidays.
What it covers. The standard A$997 package: up to five core pages, your supplied content, two revision rounds and launch setup. Both revision rounds happen inside the 7 days, so we ask for your feedback within 2 business days of each draft.
What it does not cover. Changes to the scope after the clock starts, e-commerce, custom integrations, booking or payment systems, copywriting from scratch, and anything quoted separately. Delays caused by your domain registrar, hosting provider or any other third party. Hosting and care (A$79 a month, optional) are a separate service and are not refundable under this guarantee.
How to claim. You do not need to. If the seventh counted business day passes and the site is not live, we refund you without being asked. If you think we have miscounted, email hello@opdigital.com.au and we will send you the dated notes and settle it within 5 business days. Claiming costs you nothing.
Who gives this guarantee. OP Digital, Perth, Western Australia, hello@opdigital.com.au, 0468 050 520.
Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract. The 7 Business Day Website Guarantee is in addition to those rights and is not your only remedy.
Our guarantees are offered as additional remedies we provide voluntarily. They are not your only or exclusive remedy, and nothing in them excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded.
Cancellation
On a monthly plan, you may cancel at any time. There is no lock-in period and no exit fee. Your plan runs to the end of the billing period you have already paid for.
If your monthly payments total $997 or more (your fourth paid month on the $299 plan, your second on the $499 plan), the website is already yours and it stays yours: we hand over the site files and your domain and the site does not come down. If they total less than $997, you choose: we take the site down at no cost, or you buy it out for $997 less every monthly payment you have made and keep it. We will ask you which you want before anything is switched off, and we will not take a site down without telling you first. Either way there is no exit fee.
On a yearly plan, you may cancel at any time and we refund the months you have not been served, worked out at your monthly rate, so you give back the yearly saving and keep the rest of your money. For example, on the $299 a month rate you paid $2,990 for the year; cancel after 5 served months and 5 months at $299 is $1,495, so we refund $1,495. On the $499 a month rate the year is $4,990 and the same maths applies at $499 a served month. From your 11th served month the refund is nil, because the last two months of your year are served and were never charged for. Paying for a year in advance does not create a minimum term, and your website is already yours.
On an A$997 website-only build, the A$79 monthly care plan is optional and you may cancel it at any time, with no lock-in period and no exit fee. Cancelling the care plan ends hosting, care and changes at the end of the billing period you have already paid for. It does not affect your ownership of the website.
Intellectual property
You keep all rights in your own content and your customer data. Where we register a domain for you, it is in your name and we transfer it to you on request at no charge. We retain the right to display the work in our portfolio unless you request otherwise in writing.
On a monthly plan, the website becomes yours. The website we build is worth $997 and your monthly payments pay it off, so once they total $997, your fourth paid month on the $299 plan or your second on the $499 plan, it is yours outright, for good, even if you leave afterwards; and if you leave before then you can either have the site taken down at no cost or buy it out for $997 less every monthly payment you have made, which reaches zero at that same point.
On a yearly plan the website is yours straight away. One yearly payment covers 10 months, which is more than the $997 the website vests at, so the website is yours outright from the day your payment clears and there is never a buyout to consider. Hosting, security and changes are not part of that. They are services we run for you, so if you later cancel and keep the website you can stay hosted with us on the A$79 a month care plan, or take your site files and your domain and host it anywhere you like.
A paid month is a billing period you have paid in full. The 14-day free trial is not a paid month, because you paid nothing for it. The buyout is a purchase you can choose, not a fee for leaving: you can always just cancel, pay nothing further, and let the site come down. We will ask you which you want before anything is switched off.
Once the website is yours we give you a copy of the site files and transfer your domain at no charge, and you can keep it hosted with us on a care plan or host it anywhere you like. OP Digital keeps ownership of the underlying templates, components and tools we build from, and grants you an unlimited, ongoing licence to keep using them as part of that website.
Vesting applies to the website only. The automations, the AI receptionist and its configuration are services we run for you rather than a product you buy, so they switch off at the end of your final billing period.
On a website-only build, you own your website once the build fee is paid in full. If you cancel the care plan you keep the website. We will give you a copy of the site files and transfer your domain at no charge, and you arrange hosting elsewhere. OP Digital keeps ownership of the underlying templates, components and tools we build from, and grants you an unlimited, ongoing licence to keep using them as part of your website.
Limitation of liability
To the extent permitted by law, OP Digital's liability is limited to the amount paid for the specific service giving rise to the claim.
Contact
Questions about these terms: sam@opdigital.com.au
Governing law
These terms are governed by the laws of Western Australia, Australia.