1. Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “the Client”) and MYT PTY LTD (trading as “Knowtific”, “we”, “us”), concerning your access to and use of https://www.knowtific.com.au (the “Site”) and any services you engage us to provide (the “Services”).
By accessing the Site you agree to be bound by the sections of these Terms that govern use of the Site. By engaging us to provide Services, you additionally agree to the sections that govern those Services. If you do not agree, you must discontinue use immediately.
2. These Terms and your service agreement
Where we provide Services, you will also receive a written proposal, quote or service agreement setting out the scope, the fees, the minimum term and anything specific to your engagement (your “Service Agreement”).
These Terms apply to every engagement. Where these Terms and your Service Agreement conflict, your Service Agreement prevails for that engagement.
3. The Services we provide
Depending on what you engage us for, the Services may include any of the following. Which of these apply to you is set out in your Service Agreement.
- Website design and development — design, build, copywriting, imagery and launch.
- Custom software — portals, customer accounts, quote and booking systems, dashboards and internal CRMs.
- Search engine optimisation — keyword and competitor research, content, on-page and technical work, and local directory listings.
- Google Business Profile — set-up, optimisation and ongoing management.
- Google Ads management — campaign build, conversion tracking and ongoing management.
- Hosting, support and maintenance — hosting, domain and SSL management, backups, security and content updates.
- AI services — chatbots, AI call handling and workflow automation.
4. Website design and development
- Scope. We build what is described in your Service Agreement. Work outside that scope — additional pages, new functionality, a redesign, or a change of direction after approval — is quoted separately before we begin it.
- Timelines. Any indicative timeframe assumes we receive content, feedback, approvals and access when requested. Delays on your side move the delivery date accordingly.
- Revisions and approval. You review at the stages set out in your Service Agreement and give us consolidated feedback. Once a stage is approved, further changes to it are a new request.
- Material you supply. You warrant that you own or are licensed to use all text, images, logos, video and data you give us, and that our use of it will not infringe anyone’s rights.
- Third-party components. A build may depend on third-party services, plugins, themes, fonts, APIs or payment providers. We do not control those, and are not liable for their withdrawal, defects, outages or pricing changes.
5. Search engine optimisation — no ranking guarantee
We do not, and cannot, guarantee any particular search engine ranking, position, traffic volume, lead volume or revenue outcome. Rankings are determined by search engines using systems we neither own nor control, and those systems change without notice. Anyone who guarantees a ranking is not being straight with you.
What we commit to is performing the agreed work to a professional standard and reporting honestly on what was done and what it produced. SEO is a compounding activity; meaningful movement is measured over months, and early work may produce no visible change at all.
We are not responsible for the effects of SEO work carried out before our engagement, including any penalty, manual action or low-quality link profile arising from it. Fuller detail is in our Disclaimer.
6. Google Ads and paid advertising
- Advertising spend is yours and is additional. Amounts paid to Google or any other advertising platform are billed to you and are not included in our management fees unless your Service Agreement says otherwise.
- Account ownership. Advertising accounts created for you remain yours. You may request administrative access at any time and it will be provided.
- No guaranteed cost or return. We do not guarantee any cost per click, cost per lead, conversion rate or return on ad spend. Auction pricing and competitor behaviour are outside our control.
- Platform decisions. Advertising platforms may disapprove ads, suspend accounts or change their policies at their discretion. We are not liable for those decisions or for the interruption they cause.
7. Hosting, support and maintenance
- What is included. Hosting, domain and SSL management, backups, software updates, security and uptime monitoring, and content updates, as described in your plan.
- What is not. A redesign, new page templates, new functionality, or anything that is properly a software project. Those are scoped and quoted separately.
- Availability. We use commercially reasonable efforts to keep your site available, but we do not guarantee uninterrupted service and are not liable for downtime caused by maintenance, hardware failure, software defects or third-party providers.
- Third-party licences. Any paid software your site genuinely requires is passed through at cost, and we will tell you before adding it.
8. AI services
Where we build AI chatbots, AI call handling or automations, you acknowledge that AI output is probabilistic: we cannot guarantee responses will be accurate, complete or error-free at all times, and accuracy depends on the quality of the information you provide. Certain AI functionality depends on third-party providers. The full limitations are set out in our Disclaimer.
9. Fees, billing and the minimum term
- Fees. Fees are set out in your Service Agreement. Published plan prices are in Australian dollars and exclude GST unless stated otherwise; GST is added to your invoice.
- Billing. Plan fees are billed monthly in advance. Project and quote-only work is billed as set out in the relevant quote.
- Minimum term. Plans carry a minimum term — currently 12 months — because there is no setup fee and the build cost is recovered across the term. The term that applies to you, what happens at the end of it, and any early-exit arrangement are set out in your Service Agreement.
- Late payment. If an invoice remains unpaid we may suspend Services after giving you reasonable notice. We will not delete your data or your website because of a payment dispute without telling you first.
- Refunds. Fees for Services already performed are not refundable. This does not limit any right you have under the Australian Consumer Law — see section 14.
10. Your responsibilities
- Providing content, feedback, approvals and access when we request them.
- Nominating one person who can give approvals on your behalf.
- Ensuring the information you give us is accurate, and that you have the right to use it.
- Complying with the laws and industry rules that apply to your business, including any advertising restrictions in regulated sectors.
- Keeping your own copies of anything you send us.
11. Ownership and intellectual property
- Your material stays yours. Your logo, brand assets, content, data and customer information remain your property at all times.
- Your website. On payment of all fees due, the website design and the content we produce for you are yours to keep. Your domain is registered in your name.
- Our material stays ours. Our own tools, frameworks, libraries, internal components and know-how remain ours, including anything reused across clients. Nothing we build for you is held on a platform only we can open.
- Third-party material. Stock imagery, fonts and licensed software remain subject to their own licences, which pass to you on the terms those licences allow.
- Our Site. The content, design and marks on https://www.knowtific.com.au are ours or licensed to us and may not be copied, republished or exploited commercially without our written permission.
12. Confidentiality
Each of us may receive confidential information from the other. We will not disclose your confidential information to anyone other than our personnel and suppliers who need it to deliver the Services, except where disclosure is required by law. Unless you tell us otherwise in writing, we may identify you as a client and show the work we produced for you in our portfolio.
13. Suspension, termination and handover
- By you. You may end an engagement in accordance with your Service Agreement. Any minimum term and notice period set out there continues to apply.
- By us. We may suspend or end an engagement for non-payment after reasonable notice, or immediately if you use the Services unlawfully or ask us to do something we reasonably believe is unlawful, misleading or unethical.
- Handover. On termination, and once all amounts due are paid, we will hand over your domain, website, advertising account, analytics and the search work built for you, and we will cooperate reasonably with the transfer. Anything beyond reasonable cooperation — for example a full migration we carry out for you — may be quoted separately.
- Hosting. Hosting and support end when the engagement ends. You are responsible for arranging hosting from that date.
14. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded or limited.
Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including that they will be provided with due care and skill. Where our liability can lawfully be limited, it is limited — at our option — to re-supplying the Services or paying the cost of having them re-supplied.
15. Limitation of liability
Subject to section 14, neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of data or business interruption. Subject to section 14, our total liability arising out of or in connection with an engagement is limited to the fees you paid us for the Services in the twelve months before the claim arose.
16. Use of this Site
When using the Site you agree that you will not access it through automated or non-human means, use it for any unlawful purpose, or use it in a way that breaches any applicable law. The Site may link to third-party websites and content that we do not investigate, monitor or check for accuracy, and we are not responsible for them.
17. Informational purposes only
Content on this Site, including articles, guides and service descriptions, is general information only and is not professional, legal, financial or business advice. You should not rely on it as a substitute for advice tailored to your situation.
18. Modifications and interruptions
We may change, modify or remove the contents of the Site at any time without notice. We cannot guarantee the Site will be available at all times and may experience hardware, software or other problems, or need to perform maintenance, resulting in interruptions or delays.
19. Privacy
We handle personal information in accordance with our Privacy Policy, which is incorporated into these Terms and explains what we collect, the analytics and advertising tools we use, and which of our providers are located overseas.
20. Changes to these Terms
We may update these Terms from time to time. The version published on this page applies from the “Last Updated” date shown above. Where a change materially affects an active engagement, the terms of your Service Agreement continue to apply for that engagement until it is renewed.
21. Governing law
These Terms and your use of the Site and the Services are governed by the laws of the State of Victoria, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that State.
22. Contact us
To resolve a complaint or request further information about these Terms, contact us at:
Knowtific (MYT PTY LTD)
