Terms & Conditions

Kicking Pixels Pty Ltd,trading as MyWebAdvantage

ABN 13 136 066 496

These Terms and Conditions govern your purchase and use of services provided by Kicking Pixels Pty Ltd trading as MyWebAdvantage. By purchasing or subscribing to any of our services, you agree to be bound by these Terms.

1. Parties

These Terms and Conditions are between:

Kicking Pixels Pty Ltd (ABN 13 136 066 496), trading as MyWebAdvantage, of Suite 4.39, The Element Building, 200 Central Coast Highway, Erina NSW 2250 (“MyWebAdvantage”, “we”, “us”, “our”); and

The individual or entity that purchases or subscribes to any service via mywebadvantage.com (“Client”, “you”, “your”).

MyWebAdvantage is a trading name of Kicking Pixels Pty Ltd. All contractual obligations, invoices, and legal responsibilities are those of Kicking Pixels Pty Ltd.

2. Services Covered

These Terms apply to the following services offered by MyWebAdvantage:

• Website Care Plans
• Website Hosting
• Growth360 CRM and Marketing Toolkit Subscriptions
• Subscription Websites
• Ad-hoc support

Pricing for each service is as listed on the MyWebAdvantage website at the time of purchase. All prices are exclusive of GST unless otherwise stated. Prices are subject to change with 30 days’ written notice to existing subscribers.

3. What’s Included

3.1 Website Care Plans

MyWebAdvantage offers three care plan tiers for WordPress websites:

Essential Care includes: monthly plugin, theme, and WordPress core updates; daily vulnerability monitoring with prompt remediation; monthly contact form checks; daily off-site website and database backups; monthly maintenance report; discounted ad hoc support rate. Excludes eCommerce websites/updates
Advantage Care includes: all Essential features, plus: eCommerce updates
All care plans include 24/7 security and uptime monitoring.

3.2 WordPress Website Hosting

MyWebAdvantage offers three hosting tiers, all provided via WP Engine, Kinsta and/or AWS on Australian servers and include an SSL certificate, storage.

Staging environments, managed solutions, server location and various limits (including storage, bandwidth, visits) are plan dependent.

3.3 Growth360 CRM and Marketing Toolkit

Growth360 is MyWebAdvantage’s all-in-one digital marketing toolkit, powered by a third-party platform: GoHighLevel.

MyWebAdvantage configures, manages, and supports Growth360 on the Client’s behalf.
Starter plan includes: client database (CRM), sales pipeline, basic website integration, and quarterly strategy sessions.

Growth360 plans incur pay-as-you-go charges for email sends and phone/SMS usage, in addition to the monthly subscription fee.

These charges are passed through to the Client.

Growth360 is powered by a third-party platform: GoHighLevel. MyWebAdvantage will notify Clients of any material changes to the underlying platform that affect service delivery.

3.4 Subscription Websites

MyWebAdvantage subscription websites provide Clients with a professionally designed, hosted, and maintained WordPress website on a monthly subscription basis.

The subscription includes:
• Professional WordPress website design and build (invoiced as part of a project)
• Website copy written and guided by MyWebAdvantage in collaboration with the Client (invoiced as part of a project)
• Stock photography as included in the chosen plan
• Secure hosting, updates, security monitoring, and maintenance for the duration of the subscription

Specific inclusions vary by plan tier and are as described on the MyWebAdvantage website at the time of purchase.

3.5 Ad Hoc Support Hours

Clients on care plans are eligible to purchase ad hoc support and development time at the current hourly rate, as listed on the MyWebAdvantage website. Ad hoc hours are charged in 15-minute increments and allocated to pre paid hours upon completion.

4. What’s Not Included

Unless explicitly agreed in writing, the following are not included in any subscription or service:

• New website design or development work beyond the scope of the purchased plan
• Content creation, copywriting, or uploading of new content beyond initial build
• Domain name registration or renewal
• Third-party software or licensing costs beyond those described in Section 3
• eCommerce updates under the Essential Care Plan
• Resolution of issues caused by changes made to the website or platform by the Client or any third party without notifying MyWebAdvantage
• Recovery from issues caused by the Client granting access to other developers or agencies without prior notification
• Resolution of issues caused by unapproved third-party plugins, themes, or integrations
• SEO campaigns or paid advertising management
• Growth360 email and SMS usage charges (these are passed through at cost)

Where work falls outside the scope of the plan, MyWebAdvantage will provide a separate quote or agree to perform the work at the applicable ad hoc hourly rate.

5. Onboarding and Setup Fees

A one-off setup or onboarding fee applies to care plans, hosting subscriptions, and subscription websites, as listed on the MyWebAdvantage website at the time of purchase.

This fee covers initial configuration, setup, and migration to our managed environment.

Setup and onboarding fees are refundable only if MyWebAdvantage is unable to commence work and no work has been undertaken. Once work has begun, the fee is non-refundable.

MyWebAdvantage will notify the Client within 5 business days if we are unable to proceed.
Should you unsubscribe to a plan and resubscribe, the onboarding fees are repayable.

6. Website Ownership | Subscription Websites

This section applies specifically to subscription website plans (The One Pager, The Five Pager, Custom Solution).

During the subscription term, the website remains the intellectual property of Kicking Pixels Pty Ltd. The Client is granted a licence to use the website for the duration of their active subscription. This licence is non-transferable and ceases upon cancellation or termination of the subscription.

If the Client wishes to take full ownership of the website and move it to their own hosting environment, a decoupling fee applies, as quoted by MyWebAdvantage at the time of request. Upon payment of the decoupling fee and settlement of all outstanding subscription amounts, full ownership of the website and its files will transfer to the Client.

Website content provided by the Client (text, images, brand assets) remains the property of the Client at all times. The Client warrants that they have the rights to use all content submitted for inclusion in the website.

Upon cancellation of a subscription website without payment of a decoupling fee, the Client’s access to the website will cease at the end of the current billing period. It is the Client’s responsibility to retrieve any content they own (text, images, documents) before the service end date. MyWebAdvantage will not retain or provide access to website files after the subscription has concluded.

7. Payment Terms

7.1 Recurring Subscriptions

Monthly and annual subscription fees are charged automatically to the payment method provided at the time of purchase. Subscriptions renew automatically unless cancelled in accordance with Section 8. All payments are processed securely by our third-party payment provider. MyWebAdvantage does not store card details.

7.2 Failed Payments

If a payment fails, MyWebAdvantage will notify the Client by email. Where payment remains outstanding for more than 7 days, MyWebAdvantage reserves the right to suspend services until payment is received. Repeated payment failures may result in termination of the subscription.

7.3 Price Changes

MyWebAdvantage may adjust subscription pricing with at least 30 days’ written notice to existing subscribers before any change takes effect.

7.4 Growth360 Usage Charges

Growth360 plans incur pay-as-you-go charges for email and SMS/phone usage. These are billed in addition to the monthly subscription fee and invoiced monthly based on actual usage. MyWebAdvantage will provide usage summaries upon request.

8. Cancellation

8.1 How to Cancel

The Client may cancel their subscription at any time by contacting us at team@mywebadvantage.com or through their account on the MyWebAdvantage website.

8.2 Notice Period and Refunds

Cancellation must be submitted before the next scheduled payment date. Cancellations received after a payment has been processed will take effect at the end of that billing period. No refunds are provided for the current billing period.

8.3 Effect of Cancellation

Upon cancellation, access to all subscription services, managed tools, and hosted environments will cease at the end of the current billing period.

For care plan and hosting clients: it is the Client’s sole responsibility to retrieve any website files, content, or databases from their hosting environment before the service end date. MyWebAdvantage recommends engaging your incoming provider in advance to coordinate a smooth handover.

For subscription website clients: the website will be taken offline at the end of the billing period unless a decoupling fee has been paid. The Client is responsible for retrieving any content they own before the service end date. See Section 6 for full details on website ownership.

For Growth360 clients: access to the Growth360 platform and all data within it will cease at the end of the billing period. The Client is responsible for exporting any data they require before the cancellation date.

8.4 Cancellation by MyWebAdvantage

MyWebAdvantage may terminate or suspend services with 14 days’ written notice if:

• The Client is in breach of these Terms and fails to remedy the breach within the notice period
• Payment remains outstanding after reasonable collection attempts
• The Client’s website or platform use involves unlawful, harmful, or offensive content
• Continuing the service would expose MyWebAdvantage or Kicking Pixels Pty Ltd to legal, reputational, or security risk

Where MyWebAdvantage terminates for reasons other than Client breach, a pro-rata refund of prepaid fees will be provided.

9. Refunds

Subscription fees are non-refundable, including where the Client cancels mid-billing period or does not make use of included services. Setup and onboarding fees are refundable only where MyWebAdvantage has been unable to commence work, as set out in Section 5.
Nothing in this clause limits any rights the Client may have under the Australian Consumer Law.

10. Client Responsibilities

To enable MyWebAdvantage to deliver services effectively, the Client agrees to:

• Provide timely access to the website, hosting environment, platform accounts, and any third-party accounts required to perform the services
• Notify MyWebAdvantage promptly of any changes made to the website or platform by the Client or any third party
• Not grant access to the website, hosting environment, or Growth360 platform to other developers or agencies without notifying MyWebAdvantage
• Maintain a current and valid payment method on the account
• Respond to reasonable requests for information, content, or approvals in a timely manner
• Ensure all content published via their website or Growth360 platform complies with applicable laws, including consumer law, copyright, anti-spam legislation, and privacy legislation
• For Growth360: comply with all applicable anti-spam laws when sending email or SMS communications through the platform

11. Limitation of Liability

To the maximum extent permitted by law, MyWebAdvantage’s total liability for any claim arising from these Terms or the services shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.

MyWebAdvantage is not liable for:

• Loss or corruption of website or platform data arising from circumstances outside our control, including server failures, third-party plugin conflicts, or security attacks where reasonable precautions were in place
• Loss of revenue or business opportunities resulting from website or platform downtime
• Issues arising from changes made by the Client or unauthorised third parties
• Incompatibility or failure of third-party plugins, themes, tools, or integrations not supplied by MyWebAdvantage
• Actions, outages, or changes made by third-party providers, including WP Engine, the Growth360 platform provider, Cloudflare, or plugin vendors
• Loss of data from the Growth360 platform following cancellation where the Client did not export their data before the service end date

 

Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, or warranty implied or imposed by the Australian Consumer Law that cannot lawfully be excluded.

12. Intellectual Property

All intellectual property in tools, processes, templates, methodologies, and website designs created by MyWebAdvantage remains the property of Kicking Pixels Pty Ltd.

For subscription website clients: website ownership during the subscription term is set out in Section 6.

For care plan, hosting, and Growth360 clients: website content, images, and materials provided by the Client remain the property of the Client. Upon cancellation and settlement of all outstanding amounts, the Client retains ownership of their content and any custom code developed specifically for them under a paid engagement.

The Client warrants that they have the rights to use all content submitted to MyWebAdvantage for publication and that such content does not infringe any third party’s intellectual property rights.

13. Privacy and Data Security

Kicking Pixels Pty Ltd handles personal information in accordance with the Australian Privacy Act 1988 and the Privacy Policy, available at kickingpixelsgroup.com.au/privacy-policy.

In delivering services, MyWebAdvantage may access the Client’s website hosting environment and associated data. This access is used solely for the purpose of delivering the contracted services.

Kicking Pixels Pty Ltd holds ISO 27001 certification for its Information Security Management System, independently audited against this international standard.

The Client is responsible for ensuring that personal information collected via their website or Growth360 platform from their own customers or end users complies with applicable privacy laws, including the Australian Privacy Principles and, where applicable, the Spam Act 2003.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes arising from or related to these Terms are subject to the exclusive jurisdiction of the courts of New South Wales.

15. Dispute Resolution

In the event of a dispute, the Client agrees to contact MyWebAdvantage at team@mywebadvantage.com in the first instance to seek informal resolution.

MyWebAdvantage will acknowledge the dispute within 3 business days and work in good faith to resolve it within 14 business days.

If the dispute cannot be resolved informally, either party may refer the matter to mediation before commencing legal proceedings, unless urgent injunctive relief is required.

16. Changes to These Terms

MyWebAdvantage may update these Terms from time to time. Existing subscribers will be notified of material changes by email at least 14 days before the changes take effect. Continued use of the service after the effective date constitutes acceptance of the revised Terms.

The current version of these Terms will always be available at mywebadvantage.com.

17. Contact Us

For questions about these Terms, please contact us:

Legal Entity Kicking Pixels Pty Ltd
Trading As MyWebAdvantage
ABN 13 136 066 496
Address Suite 4.39, The Element Building, 200 Central Coast Highway, Erina NSW 2250
Email team@mywebadvantage.com
Phone 0482 073 757