Terms of Service

These terms apply when TheGrowthProject Group Pty Ltd (ABN 71 639 245 248), trading as The Growth Project (“we”, “us”), does work for you (“you”, “the client”). Your quote or proposal and these terms together make up your agreement. Last updated 27 October 2026.

1. Quotes and acceptance

A quote or proposal sets out the work, the price and the timing. It becomes an agreement when you accept it in writing. Email and online acceptance count. Prices exclude GST unless the quote says otherwise.

2. Scope and changes

We do the work described in the agreement. If either of us wants something changed, we both need to agree in writing. A change may affect the price and the dates.

3. Sign-off

When we tell you the work is ready, you have 10 business days to review it and tell us about any problems in writing. Using the work live during that time does not end your review. We will fix genuine defects you report in that time. We will send you a reminder before the 10 days end. If you do not tell us about any problems by the end of the 10 days, the work counts as accepted.

After acceptance, we will still fix defects in our work that were present at handover, at no charge, for 30 days. This does not limit your rights under the Australian Consumer Law.

4. Your responsibilities

You agree to:

• give us accurate content, access and decisions on time;
• keep your own backups of your content; and
• make sure you have the right to use everything you give us, such as text, images, logos and data.

5. Warranty and results

We work carefully and professionally. We do not promise that your service will never be interrupted, or that you will get particular business results such as sales or search rankings. To the extent the law allows, we give no other warranties.

6. Limit of liability

Nothing in these terms takes away any right you have under the Australian Consumer Law or any other law that cannot be excluded.

Subject to that, and as far as the law allows:

• Cap. Our total liability to you under an agreement is limited to the fees you paid us under that agreement in the 12 months before the claim arose.
• Indirect loss. We are not liable for lost profits, lost data, loss of business or any other indirect or consequential loss.
• Consumer guarantees. Where the Australian Consumer Law gives you a consumer guarantee and allows us to limit our liability for it, we limit it to supplying the services again or paying the cost of having them supplied again.

The limits work both ways:

• You are not liable to us for indirect or consequential loss, except for unpaid fees and misuse of our intellectual property.
• Your total liability to us under an agreement is also limited to the fees payable under that agreement. This limit does not apply to fees you owe us, or to your misuse of our intellectual property.

7. Claims about content

Your content. You are responsible for any claim that arises from content or data you give us.

Our content. We are responsible for any claim that content we create for you, or third-party material we choose and supply, infringes someone else’s rights.

Use of the work. Each of us is responsible for claims arising from our own breach of these terms or of the law. We are not responsible for claims that arise because we followed your instructions.

Claims. Each of us will tell the other promptly if we receive a claim, and will cooperate in dealing with it.

8. Intellectual property

Work we create for you. When you have paid in full for a project described in a quote, we transfer to you the intellectual property in the custom work we made for that project. That means your bespoke designs, written content and code, unless your agreement says otherwise. Until you have paid, you may use that work for your own business.

Technology we keep. We keep the intellectual property in the Mibble platform and our related technology, including our plugins, themes, libraries, tools, frameworks and know-how. We also keep anything we made before your project or separately from it, and general improvements we make that are not specific to you. None of this is part of your custom work. Changes we make to our technology specifically for you, and nowhere else, are part of your custom work.

Your right to use it. Technology that we build into your delivered work may continue to be used as part of that work, for your own business, after your agreement ends. This right ends only if you seriously breach these terms and do not fix it after written notice.

Open-source licences. Our Workbench plugins and themes are open-source software, as WordPress requires. They are mainly licensed under the GNU General Public License version 2 or later, and the theme under version 3 or later. Some code we have adapted from others stays under its own licence. The open-source licence applies to the code we supply, and nothing in these terms reduces the rights it gives you. TheGrowthProject Group Pty Ltd holds the copyright in the code we wrote.

Names, updates and services. The open-source licence does not cover our names and logos, including Mibble, Workbench and The Growth Project. You may not use them as your own, or on modified versions of our software, without our written permission. It also does not cover our update feeds, hosting, support or care plans. We provide those under your agreement with us, and they last only as long as the plan.

Your materials. Content, data and other materials you give us stay yours. You allow us to use them to deliver the services. Third-party and open-source components stay under their own licences.

9. Hosting and care plans

A care plan is billed monthly in advance and continues until you cancel. You can cancel at any time by giving 30 days’ written notice. A plan covers hosting, security updates, backups and the support listed in the plan. We take daily backups and aim to keep your site available, but we do not guarantee it will always be online. Work outside the plan is quoted separately.

Price changes. We may change the price of a care plan by giving you at least 30 days’ written notice. If you do not agree, you may cancel the plan before the new price applies, without penalty. We will not change the price of a project after you accept the quote, except through an agreed change under clause 2.

10. Third-party services

Your work may depend on other providers, such as Google Cloud, Stripe, WordPress and its plugins. They have their own terms. We are not responsible for their outages or changes.

11. Contractors and AI

We may use contractors, including overseas contractors, and AI tools to do the work. We stay responsible for the result. We will make AI-assisted changes to your systems only with your approval.

12. Privacy and data

Our Privacy Policy explains how we handle personal information. When we host or process your customers’ personal information, we use it only to deliver the services. If we find a data breach that affects it, we will tell you promptly.

13. Payment

Invoices are due on the invoice date. If you do not pay an amount when it is due, we will give you written notice. If you have not paid within 14 days of that notice, we may pause work or suspend a care plan until you do. We will restore the service promptly once you pay. We will not suspend a service because of an amount you have disputed in good faith and told us about in writing. We do not charge late fees.

14. Ending an agreement

Either of us may end an agreement if the other seriously breaches it and does not fix the problem within 14 days of written notice. You pay for the work done up to the end date. Care plans can also be cancelled under clause 9.

You may also cancel a project at any time by giving us written notice. You pay for the work done up to the cancellation date, plus any costs we have already committed to for the project that we cannot cancel. Once you have paid those amounts, we will hand over the completed work, and clause 8 applies to it.

15. Events outside our control

Neither of us is responsible for a delay caused by something we could not reasonably control.

16. Confidentiality

Each of us will keep the other’s confidential information private. That means non-public business, technical, pricing and customer information that is shared in connection with an agreement. We will use it only to carry out the agreement, and share it only with people who need it and are bound to keep it private, such as our contractors, or where the law requires. This does not apply to information that is public or that the other already knew without restriction. These duties continue for 3 years after an agreement ends. Personal information stays protected for as long as we hold it.

17. Using your name

We may name you as a client, and use your name and logo to describe the work we did, in our portfolio and marketing. If you would prefer us not to, tell us in writing and we will stop.

18. Notices

Notices under these terms must be in writing. We can send them by email to the address in your quote, or to the address you last gave us. A notice takes effect when it is sent, unless the sender receives a message that it was not delivered.

19. General

• Whole agreement. Your agreement is the quote or proposal together with these terms. It replaces earlier discussions about the same work. If the quote and these terms conflict, the quote applies.
• If part is unenforceable. If a part of these terms cannot be enforced, the rest still applies.
• Waiver. Not enforcing a right straight away does not mean we have given it up.
• Transfer. Neither of us may transfer an agreement without the other’s written consent, which must not be unreasonably withheld. Either of us may transfer it to a successor of its business, if we give notice and the successor agrees to be bound.

20. Disputes and law

If we disagree, we will first try to sort it out by talking. These terms are governed by the law of Victoria, Australia, and the courts of Victoria have jurisdiction.

21. Changes to these terms

We may update these terms by publishing a new version and telling existing clients at least 30 days before it applies. If a change puts you at a disadvantage, you may end your agreement before it applies, without penalty. We will refund any fees you paid in advance for the time after you leave.

Contact

Questions about these terms: [email protected].