Legal

Terms of Use & Service

Effective date: 26 July 2026

Part A covers the use of this website. Part B sets out the standard commercial terms that apply to Momentyx projects and care plans. Momentyx holds ABN 42 263 251 849.

Terms of Use and Service sections

Part A — Website Terms of Use

By accessing or using this website, you agree to these terms. If you do not agree, please discontinue using the website.

1. Website purpose

This website provides general information about Momentyx and its website-development, website-care, lead-management and related digital services.

Website content is general information only and does not constitute legal, financial, taxation or professional business advice.

2. Service information and quotations

Any prices, packages, turnaround times, examples or descriptions displayed on this website are indicative unless expressly stated otherwise.

Submitting an enquiry does not create a binding service agreement. Services only commence after the scope, price, payment terms and other conditions have been agreed in writing.

Client projects are governed by a separate proposal or service agreement, which prevails over these terms to the extent of any inconsistency.

3. No guaranteed results

We do not guarantee:

  • Particular search-engine rankings
  • A specific number of leads, enquiries or sales
  • Continuous website availability
  • Approval by advertising platforms or third-party services
  • Particular commercial outcomes

Website performance, SEO and lead generation depend on many factors outside our control.

4. Intellectual property

Unless otherwise stated, this website's design, branding, text, graphics and original content are owned by or licensed to Momentyx.

You may view the website for personal or internal business purposes. You must not copy, reproduce, republish, modify, sell or commercially exploit its content without written permission.

Third-party names, logos and trademarks remain the property of their respective owners.

5. Portfolio and concept websites

Portfolio items and concept websites are presented to illustrate design and build capability.

Concept projects do not represent operating businesses or completed client work unless clearly identified as such. You must not copy or reuse these designs without permission.

6. Acceptable use

You must not:

  • Use the website unlawfully or fraudulently
  • Attempt to gain unauthorised access to the website or related systems
  • Introduce malware or harmful code
  • Scrape or systematically extract website content
  • Interfere with website availability or security
  • Impersonate another person or submit false information

We may restrict access where misuse is reasonably suspected.

8. Website availability and accuracy

We aim to keep website information accurate and available but do not warrant that it will always be complete, current, secure or error-free.

We may update, suspend or remove website content without notice.

9. Australian Consumer Law

Nothing in these terms excludes, restricts or modifies any right, guarantee or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where liability can lawfully be limited, our liability will be limited to the maximum extent permitted by law.

10. Limitation of liability

To the extent permitted by law, Momentyx is not liable for indirect, incidental, special or consequential loss arising from your use of — or inability to use — this website, including lost profits, lost data, business interruption or lost opportunities.

You are responsible for independently assessing information before relying upon it.

11. Privacy

Personal information collected through this website is handled according to our Privacy Policy.

12. Changes to these terms

We may update these terms periodically. Updated terms take effect when published on this website.

13. Governing law

These terms are governed by the laws applying in the Australian state or territory in which Momentyx principally operates. You submit to the jurisdiction of the courts operating there.

Part B — Service terms

These terms describe how Momentyx projects normally run. They are summarised here for transparency; the proposal or service agreement signed for your project sets the binding detail.

14. Scope of work

Every engagement begins with a written proposal stating the deliverables, page count, inclusions, timeline, price and what is required from you. Website packages are quoted as setup-only build fees:

  • Starter — $497 setup, single page
  • Launch — from $750 setup, three pages
  • Business — from $1,500 setup, five to six pages
  • Growth — from $2,500 setup, larger builds and revamps
  • Digital systems — AI receptionists, CRM and automation are scoped and quoted individually

Build fees are separate from hosting and care, which are optional and priced independently.

Work outside the agreed scope — extra pages, additional revision rounds, new features, copywriting or integrations not listed in the proposal — is quoted separately before it begins. Nothing additional is charged without your written approval.

Projects rely on you supplying content, images, access and feedback within reasonable timeframes. Where materials are outstanding for an extended period, we may pause the project and reschedule the remaining work.

15. Payments

Unless the proposal states otherwise:

  • A deposit of 50% of the setup fee is payable before work begins, with the balance payable on completion, before the site is published to your domain.
  • Invoices are payable within seven days of issue.
  • Larger projects may be invoiced in agreed milestones.
  • Deposits cover work already scheduled and performed and are non-refundable once a project has commenced, except where required by law.
  • We may pause work or withhold publication where an invoice remains unpaid.

Support outside a care plan is billed ad hoc at $95 per hour, with a 30-minute minimum, quoted or estimated before work starts.

16. Ownership and handover

On final payment, you own the completed website files, the content you supplied, and your domain, hosting and platform accounts. Full source files are handed over on request, and you are free to move the site elsewhere at any time.

You retain ownership of your brand assets, copy and images, and confirm you have the right to use anything supplied to us.

Momentyx retains ownership of its own underlying tooling, templates, code libraries and internal systems, and may reuse general techniques and non-client-specific components on other projects.

Unless you ask us not to, we may display completed work in our portfolio and describe our role in it.

17. Third-party services and costs

Projects commonly rely on third-party services such as domain registration, hosting, email delivery, form processing, payment gateways, AI or telephony providers, and CRM platforms.

These services are provided under their own terms and pricing, and their availability, performance and policies are outside our control. Third-party fees, subscriptions and usage charges are passed through at cost or held in your own accounts, and are disclosed in the proposal before work begins.

Usage-based services — AI receptionists in particular — can vary in cost from month to month depending on call or message volume. We estimate ranges honestly, but cannot guarantee that a provider's pricing will not change.

18. Care plans and support

Care plans are optional and separate from the build. A website can be delivered on its own, handed over, and hosted wherever you choose. There is no minimum term attached to a build and no obligation to take a care plan. A plan is required only where Momentyx hosts the website, because hosting and maintenance are delivered together.

Where you do take a care plan, it runs month to month:

  • Essential — $49 per month. Hosting and technical maintenance. No content-update allowance is included.
  • Managed — from $79 per month, including 30 minutes of minor updates.
  • Managed, larger sites — from $99 per month, including 60 minutes of minor updates.
  • Priority — from $149 per month, including 90 minutes of minor updates.
  • Digital Systems — custom, scoped and quoted against the systems being supported.

Included update time does not roll over between months, and unused time is not refundable or exchangeable. Update time covers content changes and minor adjustments, not redesigns, new pages or new features, which are quoted separately. Work beyond the included allowance is billed at the ad-hoc rate of $95 per hour with a 30-minute minimum.

Care plans are billed monthly in advance. Either party may cancel by giving the notice specified in the service agreement, effective at the end of the current paid month. No cancellation fee applies. On cancellation, your files remain yours and we assist with a reasonable handover.

We do not offer an uptime service-level agreement, and no inclusion is described as unlimited.

19. Use of artificial intelligence

Momentyx uses artificial intelligence tools as part of how work is produced and delivered. This includes drafting and reviewing code, generating and editing written content and images, building automations and agents that run inside client systems, and assisting with research, scoping and internal administration. Where AI forms part of what is being delivered to you—such as an AI receptionist, chat assistant or automated follow-up system—that will be described in the proposal or service agreement for the project.

AI is used as a tool, not as a substitute for responsibility. All work delivered to a client is reviewed by a person before release, and Momentyx remains accountable for the quality and accuracy of what is delivered under these terms. Where an AI system is deployed to operate on an ongoing basis in your business, its intended scope, limitations and escalation points are set out in writing at handover.

Client information. Delivering your project may require business information you provide—such as briefs, brand material, website content, product details and, where relevant, customer records—to be processed using third-party AI services. These services may be operated outside Australia. Momentyx selects providers whose terms do not permit customer inputs to be used for training their public models, and shares only what is reasonably necessary for the task. Handling of personal information is governed by our Privacy Policy, which forms part of these terms. If you would prefer that a specific category of information is excluded from AI processing, tell us in writing before the work begins and we will confirm whether the project can be scoped that way.

Outbound contact. Momentyx may use AI-assisted systems to research prospective clients and to draft, send or place outbound communications, including email, messaging and voice calls. Any such contact is conducted in accordance with the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth) and applicable privacy law, always identifies Momentyx as the sender or caller, and always provides a working means of opting out or unsubscribing. Where a call is placed or handled by an automated voice system, that will be disclosed at the start of the call, and you may ask to be transferred to or called back by a person at any time. Calls are not recorded without consent.

Limits. AI systems can produce output that is inaccurate, incomplete or unsuitable for a particular purpose, and their behaviour can change as underlying providers update their models. Where an AI system is delivered as part of a project, it is provided on the basis that you will supervise its use in your business and will not rely on it as a sole source of legal, financial, medical or other professional advice, or for decisions that materially affect an individual, without human review. Momentyx is not liable for loss arising from the failure of a third-party AI provider, from changes to a provider's model or terms, or from use of a delivered system outside the scope described at handover. Nothing in this clause limits any rights you have under the Australian Consumer Law.

20. Pricing and GST

All prices shown on this website and in our proposals are in Australian dollars. Momentyx is not currently registered for GST, so no GST is charged. If registration becomes required, pricing and invoices will be updated and clients notified in advance.

Prices shown as “from” are starting points. Final pricing depends on the scope agreed in writing.

21. Contact

For questions about these terms, get in touch using the details below.

Momentyx

ABN
42 263 251 849
Telephone
0432 266 407

These terms are published for transparency and general information. They are not legal advice, and they do not replace the written proposal or service agreement for your project. See also our Privacy Policy and Pricing.