Services include website design and development, SEO, local SEO and Google Business Profiles, paid advertising, AI development, hosting, domains and DNS, email and marketing automation, security, and design. A proposal, estimate, or statement of work will describe deliverables and timelines.
Unique Point uses third-party platforms, including but not limited to Google Search, Google Ads, Google Merchant Centre, Google Business Profile, Google Tag Manager, Google Analytics, Meta, LinkedIn, hosting providers, domain registrars, SSL providers, content delivery networks, and AI vendors.
Unique Point has no control over these platforms, their policies, algorithms, review processes, outages, throttling, indexing behaviour, ranking systems, adjudications, or enforcement actions.
Unique Point has no liability for any loss or delay arising from such third-party behaviour or from events beyond reasonable control, including outages, security incidents, policy changes, core algorithm updates, ranking volatility, crawl and indexation variability, API failures, or force majeure events.
The client acknowledges the following and accepts all associated risks and outcomes.
The client is responsible for legal compliance of all content, offers, copy, claims, and targeting, including ACCC, privacy, spam, health, financial, and industry rules. Unique Point will not publish without approval unless the client provides written standing approval. Once the client approves an item, the client accepts responsibility for its accuracy and compliance.
Fees appear in the proposal or contract. Work begins after invoice settlement unless agreed otherwise in writing.
Retainers cover the defined scope only. Out-of-scope work is billed at the agreed hourly rate.
Late payment permits suspension of services and access until full settlement. Reconnection or reinstatement work is billable.
Upon full payment, the client owns final deliverables expressly stated as client-owned in the proposal, such as completed site content, brand assets, and approved design files.
AI platforms, internal frameworks, prompts, codebases, models, UI libraries, and automation templates remain the property of Unique Point. The client receives a licence to use deployed outputs for internal business purposes unless a separate buyout agreement is signed.
Where third-party software, themes, plugins, data, or APIs are used, the client receives a right to use under the vendor’s terms. Ownership remains with the vendor.
Where Unique Point supplies hosting, domains, DNS, or email, the service is provided on a best-effort basis. Uptime, deliverability, and performance depend on upstream providers. Unique Point will act reasonably to remediate issues within the provider’s processes.
Backups are taken per the provider’s policy. The client should maintain separate off-platform backups of critical assets.
Unique Point follows reasonable security practices and recommends industry tools such as WAF, scanners, and monitoring. No system is fully secure. The client accepts residual risk.
Unique Point is not responsible for breaches caused by insecure client devices, weak passwords, leaked credentials, vulnerable third-party plugins, or compromised third-party services.
Malware removal, site hardening, forensic analysis, and recovery are billable unless included in a paid security plan.
Unique Point targets professional delivery timelines. Timelines depend on client responsiveness, third-party review times, and technical dependencies.
No guarantee is provided for rankings, traffic, conversions, cost per lead, ROAS, or commercial outcomes.
Where performance targets are referenced, they are goals, not warranties.
Before any launch or migration, Unique Point will provide a change list for approval where practical. Approval authorises deployment.
Reasonable rollback options will be documented where feasible. Rollbacks can be limited by platform constraints and third-party systems.
Any emergency rollback or remediation effort is billable unless caused solely by Unique Point’s proven negligence.
Attribution varies by platform, device, consent, and tracking prevention. Reported results will differ across Google, analytics suites, CRMs, call tracking, and ad platforms. No single report is definitive.
Both parties must keep confidential information secure and use it only for the project. Data sent to AI vendors or third-party tools will be handled under those vendors’ terms. The client authorises Unique Point to process data necessary for delivery.
Unique Point can display non-confidential work in its portfolio. The client can opt out in writing.
The client indemnifies Unique Point, its officers, and staff against claims, losses, fines, or costs arising from:
a) client-supplied content, products, or offers
b) client breaches of law, platform policies, or these Terms
c) actions or decisions of third-party platforms, including Google updates, suspensions, disapprovals, indexation issues, and policy enforcement
d) security incidents arising from client systems or credentials.
To the fullest extent permitted by law, Unique Point excludes all implied warranties and non-mandatory statutory guarantees.
Unique Point is not liable for indirect, incidental, special, punitive, or consequential loss, including lost profit, revenue, data, goodwill, or business interruption.
Total aggregate liability for any claim is limited to the fees paid by the client to Unique Point for the specific service in the 90 days before the event giving rise to the claim.
Nothing limits liability for death or personal injury caused by negligence where such limitation is unlawful.
The parties will first attempt to resolve disputes through good-faith discussions by senior representatives within 14 days of written notice. If unresolved, mediation in Sydney, NSW will follow the Resolution Institute Mediation Rules. Litigation remains available after mediation.
The client can terminate with written notice. All work performed to termination date is billable. Prepaid fees are non-refundable unless Unique Point has not commenced the corresponding work.
Unique Point can suspend or terminate for non-payment, breach of these Terms, security risk, or unlawful activity. Access can remain suspended until full payment and remediation.
Unique Point can update these Terms at any time. The version in effect at the time of a new proposal or renewal will apply to that work.
These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction.
Contact
support@uniquepoint.com.au
By engaging Unique Point, you accept these Terms.
