Last updated: 27 September 2026
Welcome to omgcodex.
These Terms of Service (“Terms”) govern your use of the omgcodex website at https://omgcodex.com/ (the “Website”) and, where applicable, the services provided by omgcodex.
By accessing our Website, submitting an enquiry, engaging us for services, or entering into an agreement with us, you agree to these Terms.
If you do not agree with these Terms, please do not use our Website or engage our services.
1. About omgcodex
omgcodex provides digital services to businesses, which may include:
- Website design and development;
- Website redesign and improvements;
- WordPress and other website development;
- Branding and visual design;
- Search engine optimisation (SEO);
- Digital marketing;
- Website maintenance and support;
- Website hosting-related assistance;
- Website performance and technical optimisation; and
- Other digital services agreed between the parties.
The specific services provided to a client will depend on the proposal, quotation, statement of work, invoice, written agreement or other communication accepted by both parties.
2. Using Our Website
You may use the Website for lawful purposes only.
You must not:
- Use the Website for an unlawful or fraudulent purpose;
- Attempt to gain unauthorised access to the Website or its systems;
- Interfere with the Website’s security or operation;
- Introduce malicious software, viruses or other harmful material;
- Copy, reproduce or commercially exploit Website content without permission;
- Misrepresent your identity or relationship with omgcodex; or
- Use the Website in a way that could damage omgcodex or its reputation.
We may restrict or suspend access to the Website where reasonably necessary for security, maintenance or other legitimate business purposes.
3. Our Services
The scope of services will be agreed with you before work begins.
Depending on the project, the agreed scope may include:
- Number and type of pages;
- Design and development requirements;
- Features and functionality;
- Content implementation;
- Responsive/mobile optimisation;
- SEO work;
- Integrations;
- Revisions;
- Testing;
- Launch assistance;
- Maintenance or support.
Only services specifically included in the agreed scope are included in the quoted price.
Requests outside the agreed scope may be treated as additional work and may incur additional fees.
4. Quotes and Proposals
Where we provide a quote, proposal or estimate, it will normally describe the services, pricing and other relevant project conditions.
Unless otherwise stated, quotes are valid for the period specified in the quote.
A project does not necessarily begin merely because a quote has been issued.
We may require written acceptance and/or payment of a deposit before commencing work.
5. Fees and Payments
Our fees will be communicated before work begins.
Depending on the project, payment may be required:
- In full before work begins;
- As a deposit followed by milestone payments;
- Upon completion of agreed milestones; or
- According to another payment schedule agreed in writing.
Payment deadlines stated on invoices or agreements must be followed.
If payment is overdue, we may pause work until outstanding amounts have been paid.
Pausing work because of overdue payment may affect the project’s estimated completion date.
6. Additional Work
Work requested outside the agreed scope may include, for example:
- Additional pages;
- Additional functionality;
- New integrations;
- Major design changes;
- Additional revisions;
- New content or product uploads;
- Additional SEO work;
- New third-party services;
- Additional development after approval;
- Changes caused by requirements introduced after development has started.
Additional work may be quoted separately before it is undertaken.
We will generally seek your approval before carrying out significant additional chargeable work.
7. Client Responsibilities
You are responsible for providing information, materials and access reasonably required for us to complete your project.
This may include:
- Website content;
- Text and copy;
- Images;
- Logos and branding;
- Product information;
- Business information;
- Domain access;
- Hosting access;
- Website administrator access;
- Third-party account access;
- Required approvals and feedback.
You are responsible for ensuring that information and materials supplied to us are accurate and that you have the necessary rights to use them.
Delays in providing required information, access, content or feedback may delay the project.
8. Client Content and Materials
You retain ownership of content and materials that you provide to us, subject to any rights belonging to third parties.
By providing content, images, logos, trademarks, text or other materials to us, you confirm that you have the necessary rights or permissions to use them for the project.
You authorise us to use those materials solely as reasonably necessary to provide the agreed services.
You are responsible for claims arising from materials supplied by you where you did not have the necessary rights or permissions.
9. Intellectual Property
Unless otherwise agreed in writing, intellectual property rights are treated as follows.
Client Materials
You retain ownership of your original content, trademarks, logos and other materials supplied by you.
Custom Work
Once all applicable project fees have been paid, rights in custom work specifically created for your project will be transferred or licensed to you as agreed in the relevant proposal or project agreement.
Pre-existing Materials
We may use pre-existing code, frameworks, libraries, templates, development methods, tools, processes or other materials that we own or have permission to use.
These materials remain subject to their existing ownership or licence terms.
Third-Party Materials
Third-party themes, plugins, fonts, stock images, software, APIs and other materials remain subject to the relevant third party’s licence and terms.
Payment for our services does not automatically transfer ownership of third-party intellectual property to you.
10. Third-Party Software and Services
Websites may depend on third-party products and services, including:
- Hosting providers;
- Domain registrars;
- WordPress;
- Plugins;
- Themes;
- Payment providers;
- Email services;
- Analytics services;
- Google services;
- Social media platforms;
- Marketing platforms;
- APIs;
- Security services; and
- Other external software.
Third-party services may have their own fees, terms, limitations and privacy policies.
We are not responsible for changes, interruptions, pricing changes, security incidents, outages or discontinuation of third-party services that are outside our reasonable control.
Where a third-party service requires a subscription or licence, you may be responsible for maintaining that subscription unless otherwise agreed.
11. Website Hosting and Domains
Where we assist with hosting or domain services, the relevant hosting or domain provider’s terms may also apply.
Unless specifically agreed otherwise, domain registration and hosting fees are separate from our development fees.
We do not guarantee that a particular domain name will remain available.
You are responsible for maintaining ownership and renewal of domains registered in your name unless otherwise agreed.
12. Website Content and Legal Compliance
You are responsible for ensuring that your business website complies with laws and regulations applicable to your business.
This may include requirements relating to:
- Privacy;
- Consumer protection;
- Advertising;
- Spam and electronic communications;
- Accessibility;
- Intellectual property;
- Industry-specific regulations;
- Terms of sale;
- Refunds;
- Product claims; and
- Other legal obligations.
We may assist with website implementation, but our services do not constitute legal advice.
You should obtain independent legal advice where your business requires legal documents, regulatory compliance advice or industry-specific legal guidance.
13. SEO and Digital Marketing
Where SEO or digital marketing services are provided, we may use reasonable professional strategies intended to improve online visibility and performance.
However, we do not guarantee:
- A particular Google ranking;
- A specific amount of traffic;
- A specific number of leads;
- A specific number of enquiries;
- A particular conversion rate;
- A specific revenue result; or
- Any particular business outcome.
Search engines and advertising platforms are controlled by third parties and may change their algorithms, policies, ranking systems, prices or requirements without notice.
Any projected results or estimates are not guarantees of future performance.
14. Revisions and Approvals
The number of revisions included in a project will depend on the agreed scope.
A revision means a reasonable change to an existing design or deliverable.
A substantially new concept, redesign or change in project direction may be treated as additional work.
Where you approve a design, page, feature or other deliverable, later changes may be chargeable if they require substantial additional work.
You are responsible for reviewing and approving deliverables within a reasonable timeframe.
15. Project Delays
We will make reasonable efforts to complete projects within agreed or estimated timeframes.
However, completion dates may be affected by:
- Delayed client feedback;
- Missing content;
- Delayed access;
- Changes to project requirements;
- Third-party service problems;
- Technical issues;
- Unexpected development complexity;
- Client-requested changes;
- Force majeure events; or
- Other circumstances outside our reasonable control.
Unless expressly agreed otherwise in writing, estimated completion dates are not guaranteed deadlines.
16. Website Launch
Before launch, you are responsible for reviewing the website and confirming that the content, functionality and information are acceptable.
Where we provide a testing or approval stage, you should report any issues before launch.
After launch, corrections to work that does not match the agreed specification may be addressed under the applicable support or project terms.
Changes to requirements after approval or launch may be treated as additional work.
17. Backups
Where appropriate, we may take reasonable steps to protect project files or website data during development.
However, unless a specific backup service is included in your agreement, we do not guarantee that complete backups will always be available.
Clients should maintain appropriate independent backups of important business information and website data.
18. Maintenance and Support
Website maintenance and ongoing support are provided only where agreed.
Unless specifically included in an ongoing support arrangement, our project fee does not automatically include unlimited future updates, maintenance or technical support.
Maintenance may include updates, troubleshooting, security assistance, content changes or other services depending on the agreed package.
Third-party software updates can sometimes cause compatibility issues. We will take reasonable care when performing updates but cannot guarantee that third-party software will remain fully compatible indefinitely.
19. Cancellation by the Client
If you wish to cancel a project, please notify us in writing.
Depending on the stage of the project and the terms agreed for that project:
- Work already completed may remain payable;
- Work already performed may not be refundable;
- Third-party costs already incurred may remain payable;
- Deposits may be applied against work completed and costs incurred; and
- Completed deliverables may not be released until outstanding amounts have been paid.
Any specific cancellation or refund terms contained in your signed proposal or agreement will take precedence over this general section.
Nothing in these Terms excludes any rights you may have under applicable Australian consumer law.
20. Cancellation or Suspension by Us
We may suspend or terminate services where:
- Payments remain overdue;
- You materially breach these Terms or the applicable project agreement;
- You provide unlawful or infringing materials;
- You repeatedly fail to provide information or approvals necessary to complete the project;
- Continuing the project would create a legal, security or ethical concern; or
- Another substantial circumstance makes continued performance unreasonable.
Where reasonably practicable, we will provide notice before suspending or terminating services.
21. Refunds
Refund eligibility depends on the service purchased, the stage of work and any specific agreement between the parties.
Where work has already been completed or costs have already been incurred, those amounts may remain payable.
Nothing in these Terms is intended to exclude or restrict any consumer guarantee, statutory right or remedy that cannot lawfully be excluded under Australian law.
22. Australian Consumer Law
If the Australian Consumer Law (ACL) applies to the services we provide to you, nothing in these Terms is intended to exclude, restrict or modify any right, guarantee, warranty or remedy that cannot legally be excluded, restricted or modified.
Where the law provides you with consumer rights or guarantees, those rights continue to apply.
To the extent permitted by law, our services are otherwise provided subject to these Terms and the applicable project agreement.
23. Limitation of Liability
To the maximum extent permitted by law, we will not be liable for indirect, incidental, special or consequential loss arising from or relating to the use of our Website or services, including loss of:
- Revenue;
- Profits;
- Business opportunities;
- Goodwill;
- Data; or
- Expected savings.
This does not apply where such liability cannot legally be excluded or limited.
Where liability can legally be limited, our liability will be limited to the extent permitted by applicable law and, where legally permitted, may be limited to the amount paid by you for the relevant services giving rise to the claim or the cost of having the relevant services supplied again.
Nothing in these Terms excludes liability for matters that cannot legally be excluded under applicable law.
24. No Guarantee of Business Results
Our services are intended to provide professional digital solutions, but business performance depends on many factors outside our control.
We do not guarantee that a website, marketing campaign, SEO strategy, branding project or other service will produce a particular financial, commercial or marketing result.
Examples of factors outside our control include market conditions, competition, search engine algorithms, advertising platforms, customer behaviour, pricing, business operations and economic conditions.
25. Force Majeure
We will not be responsible for delays or failure to perform our obligations where caused by circumstances beyond our reasonable control.
This may include:
- Natural disasters;
- Internet or telecommunications failures;
- Cybersecurity incidents;
- Hosting or infrastructure failures;
- Government actions;
- War or civil unrest;
- Significant power outages;
- Pandemics;
- Third-party service failures; or
- Other events beyond our reasonable control.
We will take reasonable steps to minimise the impact where practicable.
26. Confidentiality
We will take reasonable steps to keep confidential business information provided to us for the purpose of delivering services.
You also agree not to disclose confidential information belonging to omgcodex where that information is clearly confidential or is reasonably understood to be confidential.
This obligation does not apply to information that:
- Is publicly available;
- Was already lawfully known;
- Becomes publicly available without a breach of confidentiality;
- Is independently developed; or
- Must be disclosed by law.
27. Portfolio and Marketing Use
Unless otherwise agreed in writing, we may identify completed work as part of our portfolio and marketing materials.
This may include displaying:
- The website;
- Screenshots;
- Project descriptions;
- Our role in the project; and
- A link to the completed website.
If a project requires confidentiality or cannot be publicly displayed, please discuss this with us before the project begins.
28. Security
We take reasonable steps to protect websites and systems that we manage.
However, no website, server, software or internet transmission can be guaranteed to be completely secure.
You are responsible for maintaining appropriate security practices for accounts and services under your control, including passwords and access credentials.
29. Privacy
Our handling of personal information is described in our Privacy Policy.
Our Privacy Policy forms part of the overall information governing your interaction with our Website and services where applicable.
You can review our Privacy Policy on the Website.
30. Changes to These Terms
We may update these Terms from time to time.
Updated Terms will be published on this page with a new “Last updated” date.
Changes will generally apply to future use of the Website and future services unless otherwise required by law or agreed with you.
For existing projects, the terms contained in the applicable project agreement or accepted proposal may continue to govern that project.
31. Governing Law
These Terms are governed by the laws applicable in [INSERT AUSTRALIAN STATE OR TERRITORY], Australia.
You agree that courts exercising jurisdiction in that state or territory will have jurisdiction over disputes relating to these Terms, subject to any rights or jurisdiction that cannot legally be excluded.
32. Severability
If any provision of these Terms is found to be invalid, unlawful or unenforceable, that provision will be interpreted or modified to the minimum extent necessary where legally permitted.
The remaining provisions will continue to operate.
33. Entire Agreement
For a specific project, these Terms should be read together with any proposal, quotation, statement of work, invoice or other written agreement accepted by both parties.
If there is an inconsistency between these general Terms and a specific written project agreement, the specific project agreement will generally apply to that project to the extent of the inconsistency.
34. Contact Us
If you have questions about these Terms or our services, please contact:
omgcodex
Email: hello@omgcodex.com
Phone: –
Address: –
ABN: –
Last updated: 27 September 2026