Terms of Service

This website and our services are operated by Upwell Health Collective Pty Ltd (ABN 27 614 582 991), trading as Upwell.Digital (“Upwell.Digital”, “we”, “us”, “our”). We are an Australian web design and build studio working with allied health and other clients across Australia.

You can reach us at hello@upwell.website for any question about these terms.

These Terms of Service govern your use of this website and, together with any written proposal, quote or order we agree with you, the services we provide. By using this site, requesting a quote, paying a deposit or engaging us, you agree to these terms.

Where a signed proposal or statement of work conflicts with these terms, the proposal takes precedence for that project. These terms do not exclude, restrict or modify any rights you have under the Australian Consumer Law (ACL) that cannot lawfully be excluded.

We design, build and maintain websites and related digital products — which may include website design and build, interactive widgets, AI-assisted tools, hosting and ongoing care plans, and search and growth services. The exact scope, deliverables and price for your project are set out in your proposal.

Descriptions, demonstrations and example outcomes on this website are provided to illustrate our work and are not a guarantee of any specific commercial result (such as a particular number of bookings, rankings or revenue).

We give you a firm price in your proposal before work begins. Prices shown on this website (for example, “from $4,950”) are starting points and indicative until confirmed in a proposal.

All prices are in Australian dollars (AUD) and are inclusive of GST unless stated otherwise. We issue a tax invoice for each payment.

Most projects begin with a deposit, which reserves your build slot and covers discovery and planning. Work is scheduled once the deposit is received. The balance is invoiced as set out in your proposal — typically before your site goes live or at agreed milestones.

Card payments are processed securely by Stripe. We do not see or store your full card details. By paying, you also accept Stripe’s terms. Subscriptions and care plans are billed on the cycle stated in your plan.

If an invoice remains unpaid past its due date, we may pause work and withhold delivery or launch until payment is received.

Where your proposal includes our 10-Day Turnaround Promise, we aim to take an eligible Launch build from kickoff to a live, bespoke site within 10 business days. The 10 days run from kickoff and depend on you providing your brand assets, content, photos, booking access and timely approvals on day one.

If we miss the 10 business days for reasons within our control, the remedy is set out in our Refund Policy. Delays caused by late or incomplete content, slow approvals or third parties pause the clock and are not counted.

You agree to provide, in a timely way:

• accurate brand assets, copy, images, services and pricing for your project;
• access to any accounts we need (for example, your domain, booking system or analytics);
• prompt feedback and approvals at agreed checkpoints; and
• content you are legally entitled to use, that is accurate and not misleading.

You are responsible for the accuracy and legality of the content you supply, and for ensuring your business meets its own regulatory obligations (see “Regulated and health-service content” below).

If you ask for work beyond the agreed scope, we’ll confirm any change to the price and timeline in writing before we proceed. We are not obliged to carry out work outside the agreed scope without that agreement.

Any timeline we give depends on receiving what we need from you on time. Delays caused by late content, slow approvals, or third-party providers will extend the timeline accordingly and are not our responsibility.

On full payment of all fees for your project, we assign to you the intellectual property in the final website deliverables created specifically for you (excluding the items below).

We retain ownership of:

• our pre-existing materials, tools, code libraries, frameworks and know-how, including our proprietary systems UpEngine™ and UpAgent™;
• anything we develop that is general-purpose and not specific to your project; and
• third-party assets (such as fonts, stock media, plugins or software), which are licensed — not sold — to you on the third party’s terms.

Until full payment, any deliverables we have provided remain our property. We may show your project and describe our work in our portfolio and marketing unless we agree otherwise in writing.

Our work may rely on third-party services — for example booking systems (such as Nookal, Cliniko or Halaxy), hosting, payment processing, analytics and AI providers. We are not responsible for the availability, performance, changes or acts of those third parties, and their use is subject to their own terms.

Care plans and other subscriptions are billed in advance on a recurring basis (for example, monthly) and renew automatically until cancelled. What is included is described in your plan.

You can cancel a subscription at any time, effective at the end of the current paid period. Cancellation and refund details are in our Cancellation Policy and Refund Policy.

Your rights to cancel and to a refund are set out in our Cancellation Policy and Refund Policy, which form part of these terms, and in the Australian Consumer Law.

Each of us will keep the other’s non-public business information confidential and use it only to perform or receive the services, except where disclosure is required by law.

We handle personal information in line with our Privacy Policy. Where your project involves your own customers’ or patients’ personal information, you remain responsible for that information and for your own privacy obligations.

Many of our clients are regulated health services. You are responsible for ensuring your website content complies with the laws that apply to you, including the advertising rules for regulated health services (AHPRA) and the Therapeutic Goods Act where relevant. We can build to, and advise on, these requirements, but you are responsible for final sign-off of your content before it goes live.

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees.

To the extent permitted by law, and other than those guarantees, we exclude all other warranties, whether express or implied. We do not warrant that a website will be error-free or uninterrupted, or that it will achieve any particular commercial outcome.

To the maximum extent permitted by law, and subject to the consumer guarantees above, our total liability arising out of or in connection with the services is limited, at our option, to re-supplying the relevant services or paying the cost of having them re-supplied; and in any case will not exceed the fees you have paid us for the affected services.

We are not liable for any indirect, special or consequential loss, or for loss of profits, revenue, goodwill, data or business opportunity, however arising.

You agree to indemnify us against claims, losses and costs arising from the content or materials you supply, your breach of these terms, or your failure to comply with laws that apply to your business (including health-advertising and intellectual-property laws), except to the extent we caused the loss.

Either party may end an engagement if the other materially breaches these terms and does not fix it within a reasonable time after written notice. On termination, you must pay for all work performed up to the termination date, and the “Intellectual property”, “Limitation of liability”, “Indemnity” and “Confidentiality” sections survive.

We are not liable for failure or delay caused by events beyond our reasonable control, including outages, third-party failures, natural events or changes in law. We will let you know and work to minimise the impact.

These terms are governed by the laws of Victoria, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State and the Commonwealth of Australia.

We may update these terms from time to time. The current version is always the one published on this page, with its effective date shown above. Material changes will not affect a project already underway under an agreed proposal.

If any part of these terms is found to be unenforceable, the rest continues to apply. Our failure to enforce a term is not a waiver of it. These terms, together with your proposal and our Refund, Cancellation and Privacy policies, are the entire agreement between us about the services.

Upwell Health Collective Pty Ltd (ABN 27 614 582 991), trading as Upwell.Digital. Questions about these terms? Email hello@upwell.website.