These Terms and Conditions ("Terms") govern your purchase and use of services provided by The Marksman Method ("we", "us", "our"), a sole trader business operated by Samuel Grixti trading as The Marksman Method (ABN 64 803 990 474), registered in Victoria, Australia. By signing up for a plan, making payment, or using our services, you ("Client", "you") agree to be bound by these Terms. These Terms apply to businesses purchasing our services ("Clients") and do not govern the relationship between the Client and their own end customers.
2. Services
We design and build websites and business automation systems for contractor businesses (such as handyman, painting, and similar trade services). Our current systems and features are described at marksmanmethod.com, and the specific features included in your plan will be confirmed with you at signup.
3. Plans and Pricing
We currently offer two plans:Pla
Monthly Fee
Contractors Essential System - A$149 / month
Contractors Professional System - A$297 / month
There are no other upfront or setup fees payable to us beyond the monthly plan fee, except as set out in Section 4 (Communications Credit).
Your first month's fee is charged upfront at sign-up. Payments are processed via Stripe.
4. Communications Credit (SMS, MMS & Calling)
Both plans include a monthly credit of A$75 towards outbound and inbound SMS, MMS, and phone calling usage generated through your account, calculated at the following approximate rates:
1 segment = 160 characters
Outbound SMS - A$0.0715 / segment
Inbound SMS - A$0.0104 / segment
Outbound MMS - A$0.487 / message
Inbound MMS - A$0.487 / message
Inbound call - A$0.01078 / minute
Outbound call - A$0.0658 / minute
This A$75 credit resets on your monthly billing date and does not roll over — any unused credit is forfeited at the end of each billing cycle.
If your usage exceeds the A$75 credit in a given month, you will be charged for the additional usage at the rates above. Overage charges are calculated at the end of the billing cycle and billed to you separately via invoice.
5. Term, Cancellation & Refunds
There is no lock-in contract. You may cancel your plan at any time by emailing [email protected]. Cancellation takes effect at the end of your current billing cycle unless otherwise agreed, and you will not be charged for subsequent cycles.
Billing timeline: Following your first payment, we build your website and automations, which typically takes nine (9) business days. Once your build is complete, your website and automations go live. Your next payment is charged thirty (30) days after your website goes live (approximately 39 days after your first payment), and monthly on that same date thereafter.
Early cancellation refund (before go-live + first 14 days live): If you cancel at any point before your website goes live, or within the first fourteen (14) days after it goes live, you will receive a refund of the full amount paid, minus the actual cost we incurred purchasing your domain and phone number on your behalf (these costs vary and will be shown to you on request). All other setup and build work is refunded in full regardless of how much progress was made.
No refunds are provided for cancellations made more than 14 days after your website goes live.
Declined payments: If a payment declines, we will notify you and attempt to process payment again. If payment is not successfully received within 7 days, we may suspend your services (including your website and automations going offline) until payment is made. No late fee applies.
6. No Guarantee of Results
While we aim to deliver a high-quality website, automations, and communications system, we do not guarantee any specific business outcomes, including but not limited to leads generated, sales, revenue, or response rates. Results depend on factors outside our control, including your industry, offer, and market conditions.
7. SMS, MMS & Calling Compliance
You are responsible for ensuring that you have obtained valid consent from your own contacts/customers before sending them SMS, MMS, or automated calls through our platform, in accordance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth), or equivalent laws in your jurisdiction.
All outbound messages sent through our platform must include a clear way for recipients to opt out (e.g. replying "STOP"), and you agree not to use the service to send unsolicited, misleading, or unlawful communications. We reserve the right to suspend your account if we reasonably believe it is being used in breach of this clause.
8. Intellectual Property
We retain ownership of the website, automation workflows, templates, and underlying systems we build for you. While your plan is active, you are granted a licence to use these deliverables for your business.
If you cancel your plan, your access to the website and automations will be switched off and you will not retain the website or automation build. However, on request we will export your own business data collected through the system — including customer/lead contact details, call and message history, and review data — as a CSV file, provided to you immediately.
9. Limitation of Liability
To the maximum extent permitted by law, our total liability to you arising out of or in connection with these Terms or the services is limited to the total fees paid by you to us in the three (3) months preceding the event giving rise to the claim. We are not liable for any indirect, incidental, or consequential loss, including loss of profits, data, or business opportunity. Consumer guarantee rights under the Australian Consumer Law cannot be excluded and are not affected by this clause.
10. Privacy
We collect and handle your personal information, and any customer data you upload or process through our systems, in accordance with our Privacy Policy, available at marksmanmethod.com/privacy-policy, and the Privacy Act 1988 (Cth) and Australian Privacy Principles.
11. Changes to These Terms
We may update these Terms from time to time. Where changes are material, we will notify you by email at least 14 days before they take effect. Continued use of the service after that date constitutes acceptance of the updated Terms.
12. Suspension or Termination by Us
We may suspend or terminate your access to the service if you breach these Terms, fail to pay outstanding fees, or use the service unlawfully. Where reasonably possible, we will provide notice and an opportunity to remedy the breach first.
13. General
Governing Law: These Terms are governed by the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of its courts. This applies regardless of which Australian state or territory the Client is based in.
Entire Agreement: These Terms constitute the entire agreement between you and us regarding the services and supersede any prior agreements.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
14. Contact Us
If you have questions about these Terms, contact us at [email protected].