Terms of Service

Last Modified: 20/03/2021

This is our Terms of Service document. Some of it is applicable only to our custom work.

By purchasing our Website Packages, Website Maintenance or Content Edit Services and other products/services for sale on this website, you are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or purchasing our Website Packages, Website Services and other products or services.

Standard Terms and Conditions

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Sites2U.com.au (the “Company”) for its clients.

Digital Goods and Downloads (eBooks, Graphics, etc)

Digital goods by their nature are not able to be returned and are therefore not refundable. No refunds will be given for digital goods. You must accept these terms before purchasing any digital goods from our website. If, for any reason, our digital goods and or digital files are faulty or the download link is broken/not working etc, you should contact us immediately so that we may remedy the situation and can provide you with a working digital file or product.

Fees and Deposits (for our Website Packages and Website Services Plans)

A 100% payment of the total fee payable is due immediately upon you ordering our Website Packages or Website Maintenance Services Plans. We cannot proceed with the website development work or website services until your payment has been paid in full and is cleared and confirmed as received by our system.

Fees and Deposits (for Custom Work or Services)

A 100% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the custom website design and development work. We reserve the right not to commence any work until the deposit has been paid in full.

The deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

Supply of Materials & Web Content

You must supply all the necessary materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, images/photographs, written copy (text), logos and other printed material. All web content materials must be supplied to us in our preferred format(s) which is for images .JPG or PNG and for text content it is .TXT, WordPad, or Microsoft Word file formats unless otherwise advised (bulk ecommerce product content, for example, may require a spreadsheet format or XML files however please contact us first to confirm). Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply the necessary materials, and that prevents the progress of the work, your project will be put on hold and will not resume until the required materials are received by us. If the delay is unreasonable you may also be charged a resume fee for the work to resume.

Variations & Revisions (for Custom Web Design/Graphic Design)

We are happy to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Any major deviation from the original specification will require additional payment. We offer the “Flex Hours Basic” & “Flex hours Pro” product for any additional work that may be required.

Project Delays and Client Responsibility

Any time frames or estimates that we give are contingent upon your full co-operation and you providing us with complete and final content (including photography/images etc) for the work /pages. During (custom) web development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We also ask that any client correspondence is kept to ONE type/medium only (ie: email, or via our Client portal) and if it is via the email medium that it is kept to a reasonable amount (ie: maximum of 3 per week).

Approval of Work

(For custom work): On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed.

Rejected Work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Payment

For custom web design and development work, we require all payment up-front and paid in full before we can commence any work. Work will not commence until payment has been cleared and approved in our system.

For other work or items (such as our DIY Website Packages and Website Maintenance Services, software and eBooks etc) payment s required in full up-front, prior to any commencement of the work or services, or delivery of products.

Warranty by you as to ownership of intellectual rights

You must obtain all the necessary permissions and authorities in respect of the use of all copy, text, graphics, images, photographs, registered company logos, names and trade marks, or any other material that you supply to us to include in your designs, projects, website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your designs, website or web applications.

Licensing

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

Note: Many Professional or Premium software and themes require an annual payment in order to continue to receive software updates and or support from the software developer. If your website or web application contains such premium software and you wish to continue to use these products then you may be required to purchase an ongoing license in order to receive these updates/support.

Software Updates

WordPress CMS core software is 100% free and can be updated for free whenever a new update is released. Free plugins can also be updated for free when updates are released. For professional plugins see above information.

Website Updating & Maintenance

Updating website software(s) and website maintenance is not included unless otherwise specified, and is the responsibility of the website owner. We offer a cost-effective Website Maintenance Service Plan for clients who do not wish to update or maintain their website themselves – see here for more details & pricing. We also offer a Unlimited Content Edits Service Plan (which also includes everything in our Website Maintenance Service Plan) – see details & pricing here.

Search Engines & SEO

We do not guarantee any specific position in search engine results for your website. SEO (Search Engine Optimisation) work is NOT included in our website packages or custom website development work and or quotes. We may in future offer search engine optimisation services however they are an additional optional service and will be quoted and billed separately.

Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of the Company under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs/images/graphics, fonts, domain name registration, web hosting or comparable expenses.

Website Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

Website Updates

Updating website software(s) and website maintenance is not included unless otherwise specified, and is the responsibility of the website owner, and we will not be liable for any updating or other problems that may arise once your website has been delivered/handed over to you. We offer a cost-effective Website Maintenance Service for clients who do not have the time or the ability to maintain and update their website regularly, and a Website Content Edit Service for clients who want their content added to their sites – both services include software updating, daily security scans, malware cleanup and more.

Domain Names and Web Hosting

You are required to already have a domain name or to purchase your own domain name (we can supply you with links to domain registrars if you need them) before we can commence building/installing your website. For web hosting, you are required to purchase a suitable web hosting plan from one of our preferred web hosting services after purchasing your chosen Website Package(s) from us so that we can begin building/installing your Website. Links to our preferred web hosting services will be provided to you either during or after you have purchased your chosen Website Package from our shop.

Please note that with our DIY Website Packages the installation or building cannot commence until you have purchased a domain name and a suitable web hosting service has been purchased and we have received the relevant information (CPanel URL, login credentials) needed to commence the installation/building process.

Governing Laws

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Victoria. You and Sites2U.com.au submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Cross Browser Compatibility

By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Firefox and Chrome. Third party software, themes and extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Sites2U.com.au and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Limitation of Liability

THE WEBSITE PACKAGES AND THE CONTENT WITHIN THEM AVAILABLE FOR SALE AT THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING; WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SITES2U.COM.AU OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, INJURY OR DEATH) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT/MATERIALS, EVEN IF SITES2U.COM.AU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Revisions

Company may change these terms from time to time and so you should check these terms regularly. Your continued use of our products or services will be deemed as your acceptance of any updated or amended terms. If you do not agree to the changes, you should cease using our services immediately.

Contact

If you have any questions regarding this Policy, or your dealings with our web site, please contact us.

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