Referral Partnership Terms & Conditions

Last updated: 19 December 2025

Quick Overview

In short, here’s how the referral partnership works:

You refer a new client to Toby McDowell PTY LTD
If they proceed with a new website build or redesign valued over $2,000
You earn 10% commission, capped at $500 per project
Commission is paid 14 days after the client pays their first invoice in full and we receive your invoice

A few important notes:

Referrals must be new clients (not already in touch with us)
Commission applies to the first project only
If two people refer the same client, the first referral wins. I'll notify you if that is the case
Referrals must sign and pay within 90 days
There’s no guarantee a referral will be accepted or proceed

This summary is provided for convenience only. Full details are set out in the Referral Partnership Terms & Conditions below.

These Referral Partnership Terms & Conditions (“Terms”) govern the referral arrangement between Toby McDowell PTY LTD (“we”, “us”, “our”) and any business participating as a referral partner (“you”, “referrer”).

By making a referral to us, you confirm that you have read, understood, and agree to these Terms.

1. Nature of the referral partnership

This referral partnership is a non-exclusive, informal referral arrangement.

Referral partners:

Make introductions only
Do not represent Toby McDowell PTY LTD
Have no authority to quote, negotiate, or enter into agreements on our behalf

Nothing in these Terms creates an employment relationship, agency, joint venture, or legal partnership.

2. Eligibility

You may participate as a referral partner if you are a business legally able to enter into agreements in Australia.

You may not refer:

Your own business
Any business you own, are employed by, or are directly associated with

We reserve the right to decline participation at our discretion.

3. Acceptance of these terms

You are deemed to have accepted these Terms if you:

Confirm acceptance via email, or
Submit a referral to us in any form

4. What qualifies as a valid referral

A referral is considered valid if all of the following apply:

The client is a new client who has not previously contacted or engaged us
The introduction is made directly (typically via email with both parties CC’d)
The client has not already contacted us prior to your referral
The client signs a contract and pays the initial invoice in full within 90 days of their initial contact with us

We reserve the right to determine whether a referral qualifies.

5. No guarantee of acceptance

There is no guarantee that:

A referred client will be accepted
A project will proceed
A referral will result in a commission

All referrals are assessed at our discretion.

6. Commission structure

Subject to these Terms, referral partners may earn a commission as follows:

10% commission on the initial project value
Commission applies to projects valued greater than AU$2,000
Commission is capped at AU$500 per project
Commission applies to the first project only

Commission is calculated on fees actually paid, excluding GST.

7. Services eligible for commission

Referral commissions apply only to:

New website builds
Website redesign projects

Commission does not apply to:

Website maintenance plans
Ongoing services
Add-ons or future projects

8. Attribution & multiple referrals

If a client has already contacted us prior to your referral, no commission is payable
If two or more referrers submit the same referral, the first verifiable referral will receive the commission
Our records will be final in determining referral attribution

9. When commission is earned

Commission is considered earned only when:

The referred client has signed a contract and
The client has paid the initial invoice in full

If the client does not pay, withdraws, or the project does not proceed, no commission is payable.

10. Commission payment terms

Once the referred client has paid the initial invoice in full, you will be asked to provide an invoice so we can make payment
Commission is paid via bank transfer within 14 days of receiving your invoice
You are responsible for your own tax obligations

11. Referrer obligations

Referral partners must:

Act honestly and professionally
Make no false or misleading claims
Avoid spam, mass outreach, or unsolicited promotions
Comply with all applicable laws and regulations

We reserve the right to terminate participation for any conduct that may harm our reputation or business.

12. Confidentiality

Any non-public information shared with you in connection with a referral must be kept confidential and not disclosed to third parties without our consent.

13. Termination & changes

Either party may end the referral partnership at any time
No commission is payable for referrals made after termination
We reserve the right to amend these Terms or end the referral partnership at any time

Updated Terms will apply to referrals made after the update date.

14. Limitation of liability

We are not liable for: