Please read these terms and conditions carefully before using our service.
Interpretation
The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
These Terms and Conditions govern your use of the JDApex website, services, client accounts, subscriptions, marketing systems, software access, payment arrangements, and related business dealings with JDApex.
By using our website, submitting an enquiry, booking a call, accessing a client account, accepting a proposal, paying an invoice, subscribing to a service, or otherwise engaging JDApex, you agree to these Terms and Conditions.
JDApex is a sole trader business based in Perth, Western Australia, Australia.
Business name: JDApex
ABN: 87 330 271 716
Contact person: Jack Davis
Email: [email protected]
Phone: +61 489 080 017
Website: https://jdapex.online/home
In these Terms:
“JDApex”, “we”, “us”, or “our” means JDApex.
“Client”, “you”, or “your” means any person, business, company, organisation, employee, authorised user, website visitor, lead, customer, or other party using our website, services, systems, or client accounts.
“Services” means any services provided by JDApex, including marketing, websites, funnels, automation, CRM setup, advertising, AI tools, review campaigns, reputation services, client portals, strategy, consulting, and related services.
“Website” means https://jdapex.online/home and any related JDApex website pages.
“Client Account” means any account, login, dashboard, sub-account, client portal, or user access area created for or used by a client.
“Third-Party Platforms” means platforms, software, tools, providers, or services not owned by JDApex, including HighLevel, LeadConnector, Lovable, Stripe, Google, Meta, domain providers, hosting providers, AI providers, email/SMS providers, phone providers, analytics platforms, and advertising platforms.
“Proposal” means any written proposal, invoice, checkout page, service description, package description, order form, email agreement, or written scope issued by JDApex.
“Business Day” means a day other than a Saturday, Sunday, or public holiday in Western Australia.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
These Terms apply to:
If a separate written agreement, proposal, or service order applies, that document will apply together with these Terms. If there is an inconsistency, the more specific written agreement or proposal will apply to the extent of the inconsistency.
JDApex may provide services including, but not limited to:
JDApex may add, remove, modify, replace, suspend, or discontinue services or features where reasonably necessary, including due to business changes, client requirements, platform limitations, third-party changes, legal requirements, or operational reasons.
JDApex offers core monthly packages, add-ons, and website services, which currently include:
Core packages
Add-ons
Website services
Package names, inclusions, pricing, limits, deliverables, and service levels may change from time to time. The prices shown above are indicative starting prices only.
The specific inclusions and current price of your service will be set out in the relevant proposal, invoice, checkout page, package description, written agreement, or written communication from JDApex, which will govern to the extent of any inconsistency with the indicative pricing above.
Unless expressly stated in writing, a service does not include unlimited work, unlimited changes, unlimited support, unlimited advertising management, unlimited revisions, or unlimited access to third-party tools.
Unless otherwise stated, all prices are in Australian dollars.
Unless otherwise stated in writing, prices do not include third-party costs, advertising spend, domains, hosting, premium software, paid integrations, phone/SMS/email usage, AI usage, payment processing fees, or other external charges.
JDApex is not currently registered for GST, and prices are stated exclusive of GST. If JDApex becomes registered or is required to be registered for GST, GST will be charged in accordance with applicable law.
JDApex may update pricing, package inclusions, fees, and service charges from time to time. Price changes for existing clients will be handled in accordance with the relevant proposal, billing arrangement, or written notice provided by JDApex.
Payments may be processed through HighLevel, Stripe, or other payment systems approved by JDApex.
Unless otherwise agreed in writing:
You authorise JDApex and its payment providers to process payments in accordance with your selected package, invoice, subscription, or written agreement.
You are responsible for ensuring your payment details are accurate and up to date.
If a payment fails, JDApex may send payment reminders.
Unless otherwise agreed in writing, if a payment remains unpaid after three daily reminders, JDApex may suspend services, client account access, campaigns, automations, websites, funnels, reporting, software access, or other service features until payment is made.
JDApex is not responsible for any loss, interruption, missed leads, paused campaigns, reduced performance, lost access, or business impact caused by unpaid, failed, delayed, disputed, or reversed payments.
Unpaid amounts remain payable even if services are suspended or terminated.
Monthly services operate on a monthly subscription basis unless otherwise agreed in writing.
Unless otherwise stated:
Clients may cancel monthly services by written notice sent by email to:
Cancellation requests must be made in writing.
Unless otherwise agreed in writing, cancellation takes effect at the end of the current paid billing cycle. Fees already paid or incurred for the current billing cycle are non-refundable except where required by law.
Cancelling a service does not remove your obligation to pay any outstanding amounts, usage fees, third-party charges, advertising spend, setup fees, completed work, or other amounts incurred before cancellation takes effect.
To the maximum extent permitted by law:
JDApex does not provide refunds for change of mind, business changes, lack of use, failure to provide materials, failure to approve work, failure to follow recommendations, poor sales handling, insufficient ad spend, market conditions, or results being lower than expected.
Nothing in these Terms excludes, restricts, or modifies any rights you may have under Australian Consumer Law or any other rights that cannot legally be excluded.
Nothing in these Terms is intended to exclude, restrict, or modify any consumer guarantee, right, remedy, or protection that cannot legally be excluded under Australian Consumer Law.
Where JDApex is permitted to limit its liability under Australian Consumer Law or other applicable law, JDApex’s liability will be limited, at its option, to:
JDApex does not guarantee any particular outcome, result, performance, ranking, lead volume, sales volume, booking volume, revenue, return on ad spend, review volume, review rating, customer response, conversion rate, search ranking, advertising approval, or platform performance.
Results depend on factors outside JDApex’s control, including:
JDApex may provide strategy, systems, campaigns, automations, websites, funnels, and recommendations, but the client remains responsible for running their business, handling leads, selling services, serving customers, and maintaining business quality.
The client is responsible for providing accurate, complete, and timely information, access, approvals, and materials required for JDApex to perform the services.
This may include:
The client is responsible for:
If the client delays providing materials, access, information, approvals, or feedback, delivery dates and service performance may be delayed. Fees remain payable despite client-caused delays.
The client is responsible for reviewing and approving all content, designs, pages, advertisements, messages, automations, campaigns, funnels, forms, emails, SMS templates, AI scripts, and other materials before or after publication where approval is requested or reasonably required.
If the client does not provide feedback or request changes within 7 days after work is submitted for review, the work may be treated as approved.
JDApex is not responsible for errors, omissions, claims, legal issues, compliance issues, or inaccuracies in client-approved or client-supplied materials, except to the extent caused by JDApex’s own negligence or breach of law.
Unless otherwise stated in a proposal, package, invoice, or written agreement, website and funnel builds include up to two rounds of reasonable revisions.
Reasonable revisions are changes that stay within the original scope, structure, strategy, and agreed deliverables.
Additional revisions, major design changes, new pages, new functionality, rewritten content, new integrations, additional automations, campaign rebuilds, strategy changes, or work outside the original scope may incur additional fees.
Ongoing website changes after launch are handled through the client’s website care plan (where subscribed), subject to the update limits and inclusions of that plan.
JDApex may refuse or separately quote work that is outside scope.
JDApex owns all work, drafts, designs, websites, funnels, automations, configurations, and deliverables until all amounts owing for that work have been paid in full.
After full payment, the client owns the final approved custom content and deliverables created specifically for them, subject to these Terms and any third-party platform limitations.
The client retains ownership of client-provided materials, including logos, brand assets, photos, videos, written content, business information, and other materials supplied by the client.
JDApex retains ownership of:
Unless expressly agreed in writing, the client does not receive ownership of JDApex’s reusable systems, methods, templates, processes, automations, workflows, or internal materials.
Some JDApex websites, funnels, automations, accounts, forms, workflows, client portals, communication systems, and CRM features are built using third-party platforms, including Lovable (for websites), HighLevel, and LeadConnector.
Client websites built by JDApex are created and hosted within a Lovable account controlled by JDApex, and JDApex remains the account holder for that platform.
If a website, funnel, automation, or account is built using a third-party platform, transfer, export, hosting, access, and portability options may be limited by that platform.
On cancellation or exit, and provided all outstanding amounts have been paid in full:
JDApex does not guarantee that every website, funnel, automation, workflow, CRM configuration, client account, or platform setting can be exported, transferred, rebuilt, or run outside the original platform, as some functionality is platform-dependent.
JDApex may withhold transfer, export, snapshot, access, or release of work until all outstanding amounts are paid.
JDApex may provide Google Ads, Meta Ads, or other advertising-related services.
Unless otherwise agreed in writing:
JDApex is not responsible for performance issues caused by insufficient ad spend, delayed ad spend, exhausted budget, platform billing issues, client delays, poor offer quality, weak landing pages, sales handling, market conditions, or platform changes.
JDApex is not responsible for ad account bans, suspensions, restrictions, rejected ads, disapproved ads, policy changes, algorithm changes, billing changes, review delays, or platform decisions by Google, Meta, or other advertising platforms, except to the extent caused directly by JDApex’s unlawful conduct or wilful misconduct.
Where practical, clients may be asked to approve ad copy, creative, targeting, offers, or campaign direction before launch. The client remains responsible for the accuracy and legality of claims made in advertisements.
JDApex may provide review, feedback, and reputation campaign services.
These services may involve email, SMS, funnels, forms, surveys, automations, and third-party review platforms.
Where review campaigns are used, customers may be invited to leave public reviews and may also be invited to provide private feedback to help the business improve.
JDApex does not guarantee:
The client is responsible for ensuring review requests comply with applicable laws, platform policies, and review rules.
JDApex is not responsible for review content posted by third parties, customer feedback, negative reviews, platform moderation decisions, review removals, review delays, or review visibility.
JDApex may provide email, SMS, phone, missed-call, automation, and communication services.
Clients are responsible for ensuring they have proper consent, authority, or another lawful basis to contact their customers, leads, contacts, or prospects.
Clients must not upload, import, or provide customer lists unless they have the right to use those lists for the intended purpose.
JDApex may include unsubscribe instructions such as “Reply STOP to unsubscribe” or similar opt-out wording.
Clients must not remove, hide, disable, or interfere with unsubscribe options, sender identification, compliance wording, or opt-out mechanisms.
JDApex may suspend or refuse campaigns, messages, automations, lists, or services that appear unlawful, spammy, abusive, misleading, risky, non-compliant, or likely to damage JDApex, the client, a platform, or a third party.
JDApex may provide or use AI tools, AI voice agents, missed-call return systems, AI chat, AI summaries, AI-generated responses, AI-assisted reporting, AI automation, or related systems.
AI outputs may be inaccurate, incomplete, delayed, misunderstood, or unsuitable for a particular situation. AI outputs should be reviewed where accuracy, legal compliance, customer experience, or business risk matters.
Clients must not use AI tools or automation systems for:
Clients are responsible for ensuring their use of AI tools is appropriate for their business and customers.
Where required or appropriate, clients are responsible for disclosing to their customers when AI tools are being used.
JDApex does not guarantee AI accuracy, AI availability, AI response quality, AI compliance, or uninterrupted AI functionality.
JDApex may create client accounts, dashboards, portals, sub-accounts, or logins for clients and their authorised users.
Clients are responsible for:
JDApex may suspend or restrict account access for non-payment, misuse, security concerns, unlawful conduct, platform violations, abuse, or breach of these Terms.
JDApex relies on third-party platforms and providers, including but not limited to Lovable, HighLevel, LeadConnector, Stripe, Google, Meta, domain providers, hosting providers, AI providers, analytics tools, email providers, SMS providers, phone providers, and software platforms.
JDApex is not responsible for:
Third-party fees may change and may be passed on to the client.
Clients may also be required to accept and comply with third-party terms, policies, and acceptable use rules.
Where JDApex assists with domains, DNS, hosting, phone numbers, email domains, tracking numbers, client portals, websites, funnels, or digital assets, access and ownership may depend on the relevant platform, provider, package, and payment status.
Unless otherwise agreed in writing:
JDApex is not responsible for loss caused by expired domains, incorrect DNS settings, client-side account issues, third-party suspensions, or failure to maintain required accounts or payments.
The client retains ownership of materials they provide to JDApex, including logos, brand assets, images, videos, written content, business information, and other client-owned materials.
The client grants JDApex a licence to use client-provided materials for the purpose of providing services, creating deliverables, running campaigns, operating systems, and performing work under the relevant agreement.
JDApex retains ownership of its pre-existing intellectual property and reusable materials, including templates, systems, frameworks, strategies, methods, workflows, automations, scripts, processes, documents, layouts, designs, know-how, and internal materials.
After full payment, the client receives ownership or use rights in final approved custom deliverables created specifically for the client, subject to these Terms, third-party platform limitations, and any separate written agreement.
Unless the client opts out in writing, JDApex may use the client’s business name, logo, screenshots, project examples, results, testimonials, case studies, website previews, advertising examples, or completed work in JDApex’s portfolio, marketing, website, social media, proposals, or sales materials.
JDApex will not intentionally disclose confidential client information in public portfolio materials without permission.
If a client does not want their work or business name used publicly, they must notify JDApex in writing.
Each party may receive confidential information from the other party.
Each party agrees to take reasonable steps to protect confidential information and not disclose it except where reasonably necessary to perform services, operate the business, comply with law, obtain professional advice, use third-party providers, or as otherwise permitted by these Terms or a written agreement.
Confidential information does not include information that:
JDApex handles personal information in accordance with its Privacy Policy.
The Privacy Policy is available at:
https://jdapex.online/privacy-policy-page
Clients are responsible for ensuring they have all necessary rights, notices, consents, and permissions to provide personal information, customer lists, lead lists, and customer data to JDApex for the intended services.
You must not use the website, services, client accounts, automations, communication systems, AI tools, or third-party platforms to:
JDApex may suspend or terminate access if prohibited use occurs or is suspected.
Any timelines, launch dates, delivery dates, or estimates provided by JDApex are estimates only unless expressly confirmed in writing as fixed deadlines.
Delivery may be affected by client delays, third-party platform issues, scope changes, payment delays, missing materials, approval delays, technical issues, or circumstances outside JDApex’s control.
JDApex is not liable for delays caused by the client, third-party platforms, incomplete information, delayed approvals, unpaid invoices, or circumstances outside JDApex’s reasonable control.
Support availability, response times, and communication methods may depend on the client’s package, service level, or written agreement.
Unless otherwise agreed in writing, JDApex does not guarantee instant support, after-hours support, emergency support, or unlimited support.
JDApex may communicate by email, phone, SMS, client portal, HighLevel, LeadConnector, or another suitable communication channel.
To the maximum extent permitted by law, JDApex is not liable for:
To the maximum extent permitted by law, JDApex’s total liability for any claim arising out of or related to the services is limited to the amount paid by the client to JDApex for the relevant service in the three months before the event giving rise to the claim.
If the claim relates to a one-off service, JDApex’s liability is limited to the amount paid for the specific service giving rise to the claim.
Nothing in these Terms limits liability that cannot legally be limited.
You agree to indemnify JDApex against loss, damage, liability, cost, claim, or expense arising from:
This indemnity applies except to the extent the loss is caused by JDApex’s negligence, wilful misconduct, or breach of law.
JDApex may suspend or terminate services, campaigns, client accounts, access, websites, funnels, automations, or subscriptions if:
Termination does not affect rights or obligations that arose before termination, including payment obligations.
If you believe a payment issue has occurred, you must contact JDApex first so the issue can be reviewed.
Unjustified chargebacks, payment reversals, or payment disputes may be treated as unpaid invoices where lawful.
JDApex may suspend services, account access, campaigns, websites, automations, or deliverables while a payment dispute or chargeback is unresolved.
JDApex is not liable for failure or delay caused by circumstances outside its reasonable control, including:
JDApex may update these Terms from time to time.
Updated Terms will be posted on the JDApex website with the updated “Last updated” date.
If you continue using the website, services, systems, or client accounts after the Terms are updated, you accept the updated Terms.
For existing paid clients, material changes affecting active services will apply from the next billing cycle or as otherwise permitted by law, unless otherwise agreed in writing.
If any amount remains unpaid after its due date, JDApex may, to the maximum extent permitted by law:
Suspension of services for non-payment does not reduce or remove any amount owing.
If a dispute arises between the client and JDApex, both parties agree to first attempt to resolve it promptly and in good faith through direct discussion.
If the dispute is not resolved within fourteen (14) days, either party may refer it to mediation in Perth, Western Australia, before commencing court proceedings, except where urgent injunctive or interlocutory relief is required.
Nothing in this clause prevents JDApex from taking action to recover an undisputed debt.
Entire agreement. These Terms, together with any applicable proposal, invoice, or written agreement, form the entire agreement between the parties about their subject matter and supersede all prior discussions, proposals, and representations.
Severability. If any provision of these Terms is found to be invalid or unenforceable, it is severed to the minimum extent necessary and the remaining provisions continue in full force.
Waiver. A failure or delay by JDApex to enforce any right under these Terms is not a waiver of that right, and no waiver is effective unless made in writing.
Assignment. The client must not assign or transfer its rights or obligations under these Terms without JDApex’s prior written consent. JDApex may assign, novate, or transfer its rights and obligations to a related entity or successor of its business.
No partnership or agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the client and JDApex.
Survival. Clauses that by their nature are intended to survive termination — including those dealing with payment, ownership, intellectual property, confidentiality, indemnity, limitation of liability, and dispute resolution — survive the end of these Terms.
Notices. Notices under these Terms may be given by email to the parties’ usual business email addresses and are taken to be received when sent, absent a delivery failure.
These Terms are governed by the laws of Western Australia, Australia.
The parties submit to the courts of Western Australia and any courts entitled to hear appeals from those courts.
If you have questions about these Terms, contact:
JDApex
Contact person: Jack Davis
ABN: 87 330 271 716
Email: [email protected]
Phone: +61 489 080 017
Website: https://jdapex.online/home