Terms of Service

TABLE OF CONTENTS

Introduction

These Terms govern the relationship between Sites That Convert (“Provider”) and its clients (“Client”). By using the services, Client agrees to these Terms.
Provider will make reasonable efforts to deliver high quality services but does not guarantee any particular results. Client agrees to indemnify Provider against any damages related to the services.

Services

Provider agrees to furnish Client with a WordPress website and associated management services. Services remain accessible with continued subscription payments unless Client exercises a full buyout option.
Fees

Client agrees:

  • To pay all fees for using the services including subscriptions, add-ons, customizations and transactions.
  • Except as required by law, all fees are non-refundable unless expressly stated otherwise.

No Refunds

Provider maintains a no refund policy – all fees are non-refundable, including one-time and recurring fees. Services should be reviewed carefully before purchase.
Account Termination

Provider may terminate an account for:

  • Non-payment over 7 days
  • Breach of Terms
  • Unlawful content

Provider will attempt to notify Client prior to termination.

Disclaimer

Provider disclaims any guarantees related to the services, express or implied. We are not liable for any indirect, incidental, special or consequential damages, including data loss or service disruptions.
Usage Terms

Client agrees:

  • To provide required content promptly
  • To use the services lawfully
  • To respect others’ privacy and IP rights
  • To receive operational and promotional emails

Breach may result in immediate account termination by Provider.

IP & Content

Client retains IP rights over materials provided for their website. Client allows public access and sharing of publicly posted content.
Provider is not liable for any copyright disputes related to Client content. Client represents having rights to publish all materials provided.
Provider reserves the right to refuse or remove any Client content at its discretion. The website design and assets created for Client are copyrighted property of Provider. Client may not reuse website code, assets or design without written consent.

Modifications

Client agrees to provide required website content promptly. Development starts only after Client approves design mockups. Mockup revisions are limited to two rounds. Additional rounds incur fees of $110 per hour.
Changes to approved mockups will result in separate fees and extended timelines. If Client does not provide content within one week of project start, standard delivery timelines become void. If Client pauses development for any reason, a $500 restart fee applies.

Account Details
Client agrees:

  • To provide necessary usage details as requested
  • To update contact, billing and account details as needed

Communications

Formal notices must be in writing and delivered personally, by email or mail. Email is effective upon sender receipt of a read receipt. Mail is effective 3 days after sending.
If Client is an organisation, the signing representative confirms authority to enter the Agreement. Disputes must first be submitted to mediation or arbitration before legal action.

Billing & Changes

Subscription upgrades or downgrades change billing rates on the next cycle with 14 days notice.

Cancellation

Formal cancellation must be submitted via the website cancellation page. Other requests not processed. To maintain services, Client must pay ongoing fees or exercise the buyout option.
Upon cancellation, Client website content will be removed and cannot be recovered unless arranged. If cancellation occurs less than 7 days before the next billing date, no additional charges will be made. Provider reserves the right to suspend or terminate an account at its discretion, resulting in deactivation or deletion.

Ownership & Buyout

The Client does not obtain ownership or full rights to the website, code, or content during the subscription term, unless a buyout is completed.
The Client may buyout the subscription for a fee of $3000 (standard site) or $4000 (ecommerce site) during the initial 2 year term. This transfers full ownership and rights to the Client.
After the initial term, the buyout fee is reduced to $1000 (standard) or $2000 (ecommerce).
If the subscription continues without buyout, the Service Provider retains full ownership and responsibility for the website indefinitely.

Changes to Service

Provider may modify offerings or pricing with 30 days notice. If Provider discontinues service permanently, reasonable efforts will be made to allow uninterrupted Client website usage with 30 days notice.
Pricing changes may occur with 30 days notice by email or website posting. Provider not liable for modifications, suspensions or discontinuations.

General

Section headings are for convenience only. If any provision is invalid, the remainder stays in effect.

Entire Agreement

These Terms constitute the entire agreement, superseding any prior agreements. Modifications must be in writing signed by both parties.

Waiver

Failure to enforce any provision does not constitute waiver unless in writing signed by the waiving party.

Relationship

The relationship between Client and Provider is that of independent contractors and not legal partners, employees, or agents.

Notices

Formal notices under these Terms must be sent by certified mail or courier to the address on record. Email may be used for informal communications.

Warranty Disclaimer

Provider makes no warranties or guarantees concerning the services, express or implied. We disclaim any implied warranties including merchantability, fitness for particular purpose, title, accuracy, and non-infringement. Use of the services is at Client’s own risk.

Limitation of Liability

Provider will not be liable for any indirect, special, incidental or consequential damages arising from use of the services or breach of these Terms. This includes any data loss, lost revenue, reimbursements, loss of reputation, loss of customers, or punitive damages regardless of theory of liability.

Indemnification

Client agrees to fully indemnify and hold harmless Provider from any damages, claims, liabilities, and expenses arising from:

  • Client’s use of the services
  • Client’s breach of these Terms
  • Any content, materials or information provided by Client
  • Any alleged infringement by Client

Proprietary Rights

Client may not assign or transfer these Terms without advanced written consent from Provider.

Governing Law

These Terms are governed by the laws of Queensland, Australia without regard to conflict of law principles. Exclusive jurisdiction is with the courts in Brisbane.

Severability

If any provision is invalid or unenforceable, the remaining provisions continue unaffected.

Electronic Signature

These Terms may be executed by electronic signature, which shall have the same effect as physical delivery.

Force Majeure

Neither party will be liable for failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, war, acts of terrorism, riots, embargoes, civil authority actions, fire, floods, accidents, infrastructure failures, strikes, or supply shortages.
The affected party must provide prompt notice and make reasonable efforts to resume performance.

Confidentiality

Both parties agree not to disclose confidential information provided by the other party, including but not limited to business, technical, financial information, specifications, analysis, designs, plans, data, processes, content or technology.
This does not include materials lawfully possessed, provided by third parties, or publicly available through no fault of the receiving party. Confidentiality obligations remain for 5 years after termination.

Third Party Services

The services may allow integrations with third party applications, services, data or content. Provider does not endorse or make warranties regarding third party providers. Use of third party services is at Client’s own risk.

Modification Authority

Provider reserves the right to modify these Terms at any time effective upon posting updated terms or providing notice to Client. Continued use of the services constitutes acceptance.

Survival

Provisions regarding ownership, intellectual property, disclaimers, limitations of liability, indemnification and others meant to survive will remain in effect after termination.

Interpretation

The words “include”, “includes” and “including” are deemed followed by “without limitation”. The terms “hereof”, “herein” and “herewith” refer to these Terms as a whole. These Terms will not be construed against either party.

Language

The parties confirm their wish that these Terms be written in English only.

Statute of Limitations

Neither party can initiate legal action more than 2 years after the cause of action arose, except for actions related to non-payment, IP rights, or confidentiality.

Notices

Formal notices under these Terms must be sent by certified mail or courier to the address on record. Email is not sufficient for formal notices.

Entire Agreement

These Terms constitute the entire agreement between Provider and Client regarding the services. They supersede any prior agreements, representations or understandings.

Counterparts

These Terms may be executed in one or more counterparts, each considered an original and all of which constitute one and the same instrument.

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