Terms & Conditions
These terms govern your use of this website, our free tools, and anything you buy directly from us.
Last updated:
The short version
- Our free tools are a starting point, not advice. Verify anything before you spend money on it.
- Client work runs under our Master Services Agreement, not this page. Where they disagree, that agreement wins.
- Buying the Express Digital Audit? Clause 8 covers payment, delivery and refunds.
- Your rights under the Australian Consumer Law are not affected by anything here.
This summary is for orientation only and is not part of the agreement. The clauses below are what apply.
1. About these terms
These Terms & Conditions govern your use of gravityprojex.com (the Website), any free tool or resource we make available through it, and any product you purchase directly from it.
The Website is operated by Michelle Smith, trading as Gravity Projex, ABN 57 753 001 256. References to we, us and our mean Gravity Projex. References to you mean the person or organisation using the Website.
Please read these terms carefully. They limit our liability and set out what you may and may not do with our material.
2. Your acceptance
By accessing or using the Website, submitting an enquiry, using any of our tools, purchasing a product, or subscribing to our communications, you agree to be bound by these terms and by our Privacy Policy.
If you do not agree, please do not use the Website.
3. These terms are not your service agreement
These terms cover your use of the Website, and any product you buy directly through it.
Where you engage us to deliver work — a website build, hosting and care plan, retainer, digital marketing, an AI Chat integration, a TEKRAM Platform subscription or any other service — that engagement is governed by our Master Services Agreement and the Schedules activated under it, together with your approved proposal and the Fee Schedule current at the time. That agreement is provided with every proposal and service agreement.
Where these terms are inconsistent with the Master Services Agreement in relation to services we deliver to you, the Master Services Agreement prevails. Nothing on the Website varies it.
Except where you purchase a product under clause 8, nothing on the Website — including pricing pages, package descriptions, timelines or tool output — forms part of a contract between us, or constitutes an offer capable of acceptance.
4. Eligibility
The Website and our services are intended for businesses and for individuals aged 18 and over. By using the Website you confirm you are at least 18, and that where you are acting for an organisation you have authority to bind it.
5. Using the Website
You may view, browse and print material from the Website for your own internal business use or personal reference.
You must not:
- copy, reproduce, republish, sell, licence, frame or redistribute any part of the Website for commercial purposes without our written permission;
- copy, extract, reverse engineer, decompile or attempt to derive the source code, structure or functionality of the Website or our tools;
- use any automated system — including scrapers, crawlers, bots or harvesting tools — to access, index or extract content, other than search engine crawlers operating in accordance with our robots.txt;
- use the Website or any output from it to build, train, benchmark or improve a competing product, service or machine learning model;
- interfere with, probe, overload or attempt to gain unauthorised access to the Website, our servers, our hosting infrastructure or any account;
- introduce malicious code, or transmit unlawful, misleading, defamatory, infringing or offensive material through any form or field;
- remove, alter or obscure any copyright notice, trade mark, watermark or attribution; or
- use the Website in breach of any Australian law, including the Spam Act 2003 (Cth).
We may suspend or block access to the Website where we reasonably believe these terms have been breached.
6. Our intellectual property
All content on the Website — including the design, layout, code, custom theme, graphics, photography, copy, methodology, tools, calculators, brand names, logos and the Gravity Projex and TEKRAM marks — is owned by or licensed to Gravity Projex and is protected by Australian and international copyright and trade mark law.
We reserve all rights. Using the Website gives you no ownership of, or licence to, any of that material beyond the limited permission in clause 5.
Custom code is licensed, never sold. Themes, templates, plugins, dashboards, portal interfaces, AI integrations and configurations we develop remain our property, are licensed to clients for use in the delivered project only, and may be reused across other projects. The full position is set out in our Master Services Agreement.
If you would like to reference our work, quote from an article, or discuss a licence, email admin@gravityprojex.com. We are usually happy to say yes.
7. Free tools
We make some tools available at no charge, currently including a business name availability checker and a rate parity analysis tool.
These are provided as a convenience and a starting point. The following applies to all of them:
They are indicative only. Output is generated automatically from the information you supply and from third-party data sources. It has not been reviewed by a person and may be incomplete, out of date or wrong.
They are not professional advice. Nothing produced by a free tool is legal, accounting, taxation, financial, trade mark or business advice, and it does not take your circumstances into account. Obtain your own advice before acting.
Availability results are not reservations. Where a tool indicates that a business name, domain or similar is available, that is an indication drawn from a third-party source at a point in time. It is not a registration, reservation, clearance or entitlement, and it is not a trade mark search. You must verify independently with ASIC, IP Australia, your domain registrar or the relevant authority before you rely on it or spend money.
Third-party data is outside our control. Where a tool draws on external registers, APIs, feeds or pricing sources, we do not control the accuracy, completeness, currency or availability of that data.
Use is at your own risk. To the maximum extent permitted by law, and subject to clause 15, we accept no liability for any decision made, action taken or loss suffered in reliance on a free tool or its output.
We may change, restrict, meter or withdraw any free tool at any time without notice.
8. Buying the Express Digital Audit
The Express Digital Audit is a paid product. It may be purchased by paying online through the Website, or by requesting it and paying the invoice we issue. These terms apply either way.
8.1 Placing an order. Your order is an offer to purchase. A contract forms when we confirm your order in writing or commence the audit, whichever happens first. We may decline an order, in which case we refund any amount already paid in full.
8.2 Price and payment. The price is the amount shown on the Express Digital Audit page at the time you order, in Australian dollars and inclusive of GST unless stated otherwise. Payment is required in full before we commence. We issue a valid tax invoice showing the GST component separately.
8.3 What you receive. You receive the audit deliverable described on that page at the time of purchase, delivered electronically within the turnaround stated. Turnaround runs from the later of payment and your supply of any access or information we reasonably need. Where we ask for something and do not receive it within a reasonable period, we may complete the audit on the information available or place the order on hold.
8.4 What the audit is. The audit is our professional assessment of your digital presence at a point in time, based on the information available to us and the automated checks we run. It is a set of findings and recommendations. It is general in nature, is not legal, accounting, taxation or financial advice, and does not guarantee any particular outcome — including search rankings, traffic, conversion rates or revenue. Acting on it is your decision.
8.5 Ownership. On payment, you may use the audit deliverable for your own business purposes. The report itself, our methodology, scoring, frameworks and templates remain our property and must not be resold, republished or distributed to third parties without our written permission.
8.6 Changing your mind. You may cancel and receive a full refund at any time before we commence the audit. Once we have commenced, we are not required to refund for change of mind, because the deliverable is prepared specifically for you. This does not affect your rights under clause 15.
8.7 If something is wrong with it. Tell us. Where the audit is faulty, incomplete or not as described, contact us at admin@gravityprojex.com and we will remedy it. Your rights under the Australian Consumer Law, set out in clause 15, apply in full and are not limited by this clause.
8.8 Upgrading. Where you subsequently engage us for implementation work, that engagement is separate and is governed by the Master Services Agreement.
9. AI-assisted features and the AI Chat product
9.1 AI Chat is a product we build for clients. Our AI Chat is an assistant we design, configure and integrate into a client's own website. It is sold and delivered under the Master Services Agreement and an approved proposal, not through these terms. Descriptions and pricing on the Website are indicative.
9.2 Nature of AI output. Where we build an AI feature into a client site, responses are generated by a third-party language model. They can be inaccurate, incomplete or misleading. We configure, constrain and test the assistant, but we do not warrant that every response will be accurate, appropriate or suitable for a given enquiry, and we do not warrant uninterrupted availability of the underlying model provider. Responsibility for the content an assistant produces on a client's site, and for reviewing and moderating it, is allocated in the Master Services Agreement and the approved proposal.
9.3 Features on this Website. Where any tool or feature on this Website uses AI or automated generation, output is general information only, is subject to clause 7, and does not constitute advice or a quote. Do not enter confidential, commercially sensitive or third-party personal information into any field on the Website that is not required for the purpose. Where a feature is powered by a third-party provider, your input is transmitted to and processed by that provider. Our Privacy Policy explains how we handle information you submit.
9.4 Nothing generated by an AI feature creates a contract, a quote, or an obligation on us.
10. Enquiries, quotes and proposals
Submitting an enquiry, booking a consultation or requesting a quote does not create a binding agreement and does not reserve capacity in our schedule.
Pricing published on the Website is indicative, expressed in Australian dollars, and inclusive of GST unless stated otherwise. Actual pricing is confirmed in a written proposal. Quotations and proposals are valid for 30 days from issue unless stated otherwise, and are based on the information available to us at the time.
An engagement begins only when a proposal is approved and, where a deposit is required, that deposit is received. Payment terms, deposits, scope, revisions and cancellation are governed by the Master Services Agreement.
We may decline any enquiry.
11. Payment security
Our bank account details do not change.
If you receive any communication appearing to come from Gravity Projex that asks you to pay to different account details, do not pay it. Telephone us to verify before transferring any funds. We are not liable for payments made to accounts we do not control.
12. General information only
Articles, guides, case studies, FAQs, checklists and other material published on the Website are general information about digital strategy, marketing and web development. They are not tailored to your business and are not professional advice.
Results described in case studies and portfolio items reflect the circumstances of that particular client at that particular time. They are not a forecast, promise or guarantee of results for anyone else. We do not guarantee search engine rankings, traffic, conversion rates, social media reach, engagement, follower growth or advertising performance.
13. Third-party websites and services
The Website links to and embeds third-party content, including social platforms, mapping services, analytics, booking tools, payment providers and partner sites.
We do not control those services, do not endorse them merely by linking, and are not responsible for their content, availability, security, policies or practices. Your dealings with a third party are between you and that third party, on their terms.
14. Website availability
We aim to keep the Website available and current, but we do not guarantee uninterrupted or error-free access. The Website may be unavailable during maintenance, upgrades, upstream provider outages or events outside our reasonable control.
We may change, suspend, restrict or discontinue any part of the Website — including any free tool, page, resource or feature — at any time, without notice and without liability. Where we discontinue something you have paid for, clause 8 applies.
15. Your rights under Australian Consumer Law
Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded.
Where we are liable for a failure to comply with a consumer guarantee and the law permits us to limit that liability, our liability is limited, at our option, to resupplying the services or paying the cost of having them resupplied.
The following statement is prescribed by law and is reproduced as required:
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.
16. Limitation of liability
Subject always to clause 15, and to the maximum extent permitted by law:
16.1 Browsing and free tools. The Website, its content and all free tools are provided on an "as is" and "as available" basis, without warranty of any kind, express or implied. We exclude all implied terms, conditions and warranties to the extent they may lawfully be excluded. Our total aggregate liability arising from your use of the Website and any free tool is limited to AUD $100.
16.2 Products purchased through the Website. Our total aggregate liability in connection with the Express Digital Audit or any other product purchased through the Website is limited to the amount you paid for it.
16.3 Consequential loss. Neither party is liable for indirect or consequential loss, including loss of profits, revenue, anticipated savings, data, goodwill, business opportunity or business interruption.
16.4 Contribution. Each party's liability is reduced proportionately to the extent the loss was caused or contributed to by the other party.
16.5 Client services. This clause does not limit our liability under the Master Services Agreement, which contains its own liability provisions for services we deliver to clients.
17. Indemnity
You indemnify us against any claim, loss, damage or reasonable cost we incur arising from your breach of these terms, your misuse of the Website or any tool, or any material you submit through the Website that is unlawful or infringes another person's rights.
This indemnity is reduced proportionately to the extent the loss was caused by us, and does not apply to the extent a claim arises from our own breach, negligence or unlawful act.
18. Material you submit to us
Where you send us an idea, suggestion, brief, sample, testimonial or feedback other than under a signed agreement, you confirm you have the right to send it, and you grant us a non-exclusive, royalty-free licence to use it in operating and improving our business. We treat unsolicited submissions as non-confidential.
Materials you supply for the purpose of an audit or an engagement are treated as confidential and are not covered by the paragraph above.
19. Portfolio, case studies and attribution
We may showcase completed work in our portfolio, case studies, social media and marketing materials, including a client's name and web address. Clients may request anonymisation at any time and we will comply within a reasonable period.
We are entitled to display a discreet attribution and link in the footer of websites we build. Removal, where offered, may attract a fee. The full position is set out in our Master Services Agreement.
20. Privacy and cookies
Our Privacy Policy explains how we collect, use, disclose, store and safeguard personal information, in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. It also explains our use of cookies and analytics, and how to manage them.
The Privacy Policy forms part of these terms.
21. Marketing communications
Where you subscribe to our newsletter or consent to receive marketing, we will send you commercial electronic messages in accordance with the Spam Act 2003 (Cth). Every message includes an unsubscribe facility, and you may opt out at any time. Opting out of marketing does not stop operational messages about a product or service you are receiving.
22. Changes to these terms
We may update these terms at any time. The current version is always published on this page with the "Last updated" date at the top. Continued use of the Website after a change takes effect constitutes acceptance of the updated terms.
A change does not apply retrospectively to an order already placed under clause 8, and does not vary an existing Master Services Agreement or an approved proposal.
23. Suspension of access
We may restrict, suspend or terminate your access to the Website or any free tool at any time, without notice, where we reasonably believe you have breached these terms or where restriction is necessary to protect the Website, our clients or another user. Where you have paid for a product, we will still deliver it or refund you.
24. General
Severability. If any provision is found invalid or unenforceable, it is severed and the remaining provisions continue in full force.
Waiver. A failure to enforce a provision is not a waiver of it.
Entire agreement. These terms, together with our Privacy Policy, constitute the entire agreement between us in relation to your use of the Website and any product purchased through it.
Governing law. These terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland.
25. Contact us
Questions about these terms, an order, or a request for permission to use our material:
Gravity Projex
We acknowledge complaints within 7 days and respond within 30 days.
Last updated: . See also our Privacy Policy.