Terms of Service

1. Definitions

• “Platform” means the Pages.Health website builder service, including all associated applications, tools, and services.
• “Customer” or “You” means the healthcare practitioner, healthcare practice, clinic, or organisation who registers for and uses our services.
• “Website” means the website we create and host for you using our Platform.
• “Content” means all text, images, data, and materials you provide, approve, upload, or ask us to configure for your Website.
• “Generated Content” means draft text, layouts, metadata, or other materials generated or suggested by the Platform for your review.
• “Services” means all services provided under these Terms, including website creation, hosting, maintenance, configuration, support, and related platform services.
• “We”, “us”, and “Pages.Health” mean HBL Health Pages (ABN 38 593 692 266).

2. Eligibility

To use our Platform, you must:

• Be at least 18 years of age
• Be a registered healthcare practitioner in Australia, or be authorised to act for an Australian healthcare practice or organisation
• Have the legal authority to enter into binding contracts
• Provide accurate and complete registration, billing, practice, and professional information
• Maintain the accuracy of your information throughout your subscription

3. Account Registration

3.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorised use of your account.

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update that information so it remains accurate, current, and complete. We may suspend or terminate your account if information is materially inaccurate, false, or incomplete.

4. Services

4.1 Website Creation

We provide intelligent website creation services designed specifically for Australian healthcare practitioners. Your website will be hosted on our subdomain, such as yourname.pages.health, or on your custom domain if applicable.

4.2 Hosting and Maintenance

We provide website hosting, SSL certificates, and ongoing maintenance as part of your subscription. We aim for 99.9% uptime, but scheduled maintenance, third-party outages, emergency security work, domain or DNS issues, and events outside our reasonable control may affect availability.

4.3 Support

Support availability varies by subscription tier. Response times are service targets, not guarantees, unless a separate written service level agreement applies.

5. Fees, GST, and Refunds

5.1 Subscription Fees

Fees are charged in Australian Dollars (AUD). Prices may be displayed as GST-exclusive amounts for business customers, but the GST-inclusive total will be shown before payment wherever GST applies. Subscription fees are billed in advance on a monthly, annual, or multi-year basis, depending on your selected plan.

5.2 Payment Methods

Payment is processed securely through Stripe. We accept major credit cards and other payment methods made available at checkout. By providing payment information, you authorise us to charge your payment method for fees incurred under your selected plan.

5.3 Refunds and Australian Consumer Law

5.4 Price Changes

We may change prices by giving at least 30 days notice before the change takes effect. If you do not accept a price increase, you may cancel before the increase applies. Where required by law, we will provide a pro-rata refund of prepaid unused subscription fees for the period after cancellation takes effect.

6. Customer Responsibilities

You agree to:

• Provide accurate and truthful information about yourself, your practice, and your services
• Maintain current and valid professional registrations where required
• Review and approve all Website content before publication
• Ensure all Website content complies with AHPRA advertising requirements and all applicable laws
• Not use the Platform for any unlawful purpose
• Not upload malicious code, viruses, unlawful content, or harmful content
• Not infringe the intellectual property, privacy, confidentiality, or other rights of any third party
• Respond promptly to requests for credentials, billing, content, approval, or compliance information
• Keep your contact and billing information up to date

7. Medical Advertising Compliance

7.1 AHPRA Guidelines

Your Website must comply with the AHPRA Guidelines for advertising a regulated health service and the Health Practitioner Regulation National Law as applied in each Australian state and territory. You are responsible for ensuring all Website content meets these requirements.

7.2 Prohibited Content

Your Website must not contain:

• False, misleading, or deceptive claims about treatments, services, or outcomes
• Testimonials about clinical aspects of a regulated health service
• Claims of superiority without adequate evidence
• Offers of gifts, discounts, or inducements that fail to state applicable terms and conditions
• Content that could create unreasonable expectations of beneficial treatment

7.3 Compliance Responsibility

While we design the Platform to support compliant healthcare advertising, we are not your legal, medical, professional standards, or regulatory compliance adviser unless a separate written agreement says so. You remain responsible for final clinical, advertising, and regulatory review before publication. You should obtain legal or professional advice if you are uncertain.

8. Signature Design Configuration Service

The following terms apply specifically to the “Signature Design Configuration” service, formerly referred to as “Custom Design”. This service is a one-time professional configuration of your Website within the Pages.Health platform. It is not bespoke software development.

8.1 Scope of Service

The Signature Design service operates within the Pages.Health Secure Ecosystem. Our designers use the platform's Visual Theme Engine to adapt your brand identity, including colours, typography, logo, and imagery, to our medically oriented templates.

The service includes:

• Configuration of up to 3 landing page style concepts using pre-built medical templates
• Application of your provided logo, brand colour palette, and typography selection from our curated library
• Professional formatting and layout of client-provided content for up to 5 included pages, unless your quote states otherwise
• Image optimisation and placement of up to 15 client-provided images
• 2 rounds of consolidated revisions
• SEO metadata configuration based on provided keywords

The service does not include:

• Custom code development, custom JavaScript widgets, or bespoke functionality
• Third-party API integrations outside our supported partners
• Original copywriting, content creation, or medical content writing
• Logo design, original illustration, or graphic design
• Photography, videography, or stock image procurement
• Modifications that deviate from the platform's design system or compromise WCAG 2.1 accessibility standards

8.2 Content Responsibility

The Signature Design phase will not commence until we receive your completed Content Intake Form. You are responsible for providing all text, images, practitioner biographies, service descriptions, and facility information. We format your content within our templates. We do not write, edit, proofread, fact-check, or legally review your content unless a separate written add-on service says so.

Each page template has a recommended word count. If provided content significantly exceeds the layout capacity, we may require you to edit the text for brevity or purchase an additional page layout. The 3 style concepts are landing-page concepts only, not three full multi-page website builds.

8.3 Revision Control Protocol

The Signature Design service includes two (2) rounds of consolidated revisions. A round is a single, comprehensive list of feedback submitted through our project portal or another written channel we approve. Requests to fundamentally change the layout structure or switch to a different template after initial approval constitute a change of scope and require a new estimate.

8.4 Design Freeze

Upon completion of the second revision round, we will present the Final Design Proof for your approval. Once approved by email confirmation or digital acknowledgement, the design is declared frozen. Any changes requested after the Design Freeze will be treated as a new Design Change Order and billed at our standard hourly rate, independent of the original package price.

8.5 Project Timeline and Dormancy

A project is considered active as long as we receive feedback, approvals, or requested content within 14 business days of our request.

If we do not receive a response for 21 consecutive days, the project may be placed in Dormancy Status and removed from our active design queue. A reactivation fee of $250 plus GST may apply only where it reflects reasonable administrative and rescheduling costs needed to return the project to active status.

If a project remains dormant for more than 90 days without communication, it may be closed and archived. Any refund or credit request will be assessed under clause 5.3 and the Australian Consumer Law.

8.6 Subscription Billing Commencement

The Signature Design fee is a one-time professional service charge for the initial configuration and launch of your Website. Your annual Pages.Health subscription for hosting, maintenance, and platform licence will commence on the Go Live date or 30 days after the Design Freeze, whichever comes first.

Delays in launching due to external factors, such as waiting for photography, domain transfers, approvals, or client content, do not defer the start of subscription billing once the platform is ready for launch, subject to your rights under clause 5.3 and the Australian Consumer Law.

9. Intellectual Property

9.1 Platform Ownership

The Platform, including all software, designs, templates, workflows, and features, is owned by us or our licensors and protected by copyright, trade mark, and other intellectual property laws.

9.2 Your Content

You retain ownership of your original content, including photos, text you write, logos, trade marks, and practice information. By uploading or providing content, you grant us a licence to use, display, host, reproduce, format, and adapt that content as reasonably necessary to provide the Services.

9.3 Generated Content

Generated Content is provided as draft material for your review and approval. You are granted a licence to use approved Generated Content on your Website. Generated Content may be similar to content generated for other customers, particularly where it concerns common practice descriptions, service categories, or healthcare website structures.

10. Australian Consumer Law and Liability

10.1 Non-excludable Rights

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, statutory guarantee, right, remedy, or liability that cannot lawfully be excluded, restricted, or modified, including under the Australian Consumer Law.

10.2 Permitted Limitation for Business Services

Where the Australian Consumer Law permits us to limit our liability for services supplied for business purposes, our liability is limited, at our option, to supplying the affected services again or paying the cost of having the affected services supplied again, but only to the extent that limitation is fair and reasonable in the circumstances.

10.3 Liability Cap and Exclusions

Subject to clauses 10.1 and 10.2, our aggregate liability for claims arising out of or in connection with the Services is limited to the fees you paid us for the affected Services in the 12 months before the event giving rise to the claim.

The liability cap does not apply to liability that cannot lawfully be capped, or to liability arising from our fraud, wilful misconduct, gross negligence, breach of confidentiality, privacy or data security breach caused by us, or infringement of your intellectual property rights. Any exclusion of indirect or consequential loss applies only to the extent permitted by law and does not limit remedies available for reasonably foreseeable loss under the Australian Consumer Law.

11. Indemnity

You indemnify us against claims, damages, losses, liabilities, and reasonable legal costs arising from your Content, your instructions, your unlawful use of the Platform, your breach of these Terms, your infringement of third-party rights, or your breach of AHPRA advertising requirements or other regulatory requirements. You are not required to indemnify us to the extent the claim, damage, loss, liability, or cost was caused by our negligence, fraud, wilful misconduct, breach of law, breach of these Terms, or security failure within our reasonable control.

12. Termination and Suspension

12.1 Termination by You

You may cancel your subscription at any time through your account dashboard or by contacting us. Cancellation ordinarily takes effect at the end of your current billing period. If you terminate because of our unremedied material breach, a major failure, or another non-excludable statutory right, you may be entitled to an earlier termination date, refund, credit, resupply, or other remedy required by law.

12.2 Suspension or Termination by Us

We may suspend or terminate your account if you materially breach these Terms, fail to pay fees when due, provide materially false information, engage in fraudulent activity, create a security risk, or use the Platform in a way that breaches applicable laws or regulatory requirements. We will give notice and a reasonable opportunity to remedy where practicable, except where immediate action is reasonably necessary to protect patients, the public, the Platform, another customer, legal compliance, or security.

12.3 Effect of Termination

Upon termination, your Website may be taken offline. You may request a copy of your Content within 30 days of termination, subject to payment of undisputed outstanding fees and any legal retention obligations. After that period, we may delete or archive data in accordance with our Privacy Policy and backup practices.

13. Dispute Resolution

13.1 Informal Resolution

Before initiating formal proceedings, the parties must attempt to resolve the dispute informally for at least 30 days by written notice describing the issue, the outcome sought, and the relevant account or invoice details.

13.2 Mediation

If informal resolution fails, either party may refer the dispute to the South Australian Small Business Commissioner or another low-cost Australian domestic mediator agreed by the parties. The parties must act reasonably and in good faith during mediation.

13.3 Urgent Relief and Statutory Rights

Nothing in this clause prevents a party from seeking urgent injunctive, interlocutory, debt recovery, or protective relief, or from exercising rights that cannot be restricted under the Australian Consumer Law or any other applicable law.

13.4 Governing Law

These Terms are governed by the laws of South Australia, Australia. The parties submit to the jurisdiction of the courts of South Australia and any Australian court that may hear appeals from those courts.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any agreed order, quote, statement of work, or plan description, constitute the agreement between you and us regarding your use of the Platform.

14.2 Severability

If any provision is found to be unenforceable, that provision will be read down or severed to the extent necessary, and the remaining provisions will continue in force.

14.3 Waiver

A failure to enforce a right or provision is not a waiver of that right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent, which we will not unreasonably withhold. We may assign our rights and obligations as part of a business sale, restructure, or transfer of the Platform, provided the assignment does not materially reduce your rights under these Terms.

15. Changes to Terms

We may update these Terms from time to time. Material changes will be notified by email or through the Platform at least 30 days before they take effect. If a material change is likely to disadvantage you and you do not accept it, you may cancel before the change takes effect and, where required by law, receive a pro-rata refund of prepaid unused subscription fees.