Terms of service

In these terms, we, us and our mean WebsiteASAP, of Victoria, Australia. You and your mean the person or entity that purchases from us.

Website means the prebuilt website supplied under a listing. Domain means a domain name licence supplied or transferred under these terms. Hosting means the ongoing service of keeping the Website online. Services means all of them together.

ACL means the Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth). Consumer guarantee means a guarantee that the ACL confers and that cannot be excluded.

Headings are for convenience and do not affect interpretation. A reference to a statute includes any amendment or replacement of it. The word "including" and similar words are not words of limitation. Nothing in these terms is to be construed against a party merely because that party drafted it.

A listing on our website is an invitation to treat and not an offer. The agreement is formed when we accept your payment.

We may decline any order before the Services are supplied, in which case we refund you in full without deduction. We would only do so where we cannot lawfully or practically supply, for example the domain has become unavailable or eligibility requirements cannot be met.

If you enter this agreement on behalf of a business or other entity, you warrant that you are authorised to bind it, and that entity is bound.

We will supply the Website described in the listing you purchased, substantially as it appeared when you purchased it. Each listing links to the complete working Website, and that Website is what is delivered.

Unless the listing says otherwise, the once off fee includes: the finished Website, registration or transfer of the Domain for its first year, email on the Domain, a security certificate, and the work required to put all of it live.

We will substitute your business name, contact telephone number and service area into the Website, and connect the enquiry form and click to call to the contact details you provide.

Each Website design is sold once. We will not knowingly sell or rebuild the same design for another business in the same trade and the same region.

Where a listing states a delivery time, we will use reasonable endeavours to meet it, and in any event will supply the Services within a reasonable time as the ACL requires. Stated times assume payment has cleared and that any information we require from you was supplied at checkout.

Domains are licences, not property, and are governed by the rules of the relevant registry. For .au domains this includes the .au Domain Administration Rules and any licence terms your registrar imposes. Those rules apply to you directly and prevail over these terms to the extent of any inconsistency.

Registration or holding of a .au domain requires the registrant to satisfy Australian presence and eligibility requirements. You warrant that the details you supply for this purpose, including any ABN or ACN, are true and that you meet those requirements. We are not liable for a registry refusing, suspending or cancelling a licence because eligibility information you gave us was incorrect.

Where the Domain is registered or transferred into your name, you are the registrant and you own it. If you leave us, you take the Domain with you, and we will assist with the transfer at no charge.

Transfer of registrant at a registry is not instantaneous and may require your confirmation. We treat the Domain as delivered when it is serving your Website, and we complete the change of registrant as soon as the registry allows.

Domain renewals after the first year are your responsibility unless you have an active Hosting subscription with us, in which case we will renew on your behalf and pass the registry fee on at cost.

All prices are in Australian dollars and, where we are required to be registered for GST, are inclusive of GST. We will issue a tax invoice for each payment.

The once off fee is payable at checkout. Hosting is billed in advance, monthly or annually as you select, and continues until cancelled.

Payments are processed by Stripe. We do not receive, store or have access to your full card details. Your use of Stripe is subject to Stripe's own terms.

If a Hosting payment fails we will notify you and attempt collection again. If it remains unpaid 14 days after we notify you, we may suspend the Website under clause 13.

We may change Hosting fees on 30 days written notice. If you do not accept the change you may cancel before it takes effect at no cost, and no increase applies to a period you have already paid for.

You must give us accurate business details, and keep your contact email current so that we can reach you about the Services.

You are responsible for the content you supply. You warrant that you own it or are licensed to use it, and that it does not infringe anyone's rights, and it remains yours.

You must not use the Services to do anything unlawful, to send unsolicited commercial electronic messages contrary to the Spam Act 2003 (Cth), to publish content that is misleading or deceptive contrary to the ACL, or to do anything that materially threatens the security, stability or lawful operation of our infrastructure or another customer's service.

You are responsible for keeping the credentials we issue you secure, and for activity carried out using them.

Each Website is supplied complete, which means every page is already populated. Some of that content is demonstration content: example wording, images, service descriptions, placeholder contact details and layout filler, present to show you the finished design rather than to describe your business.

We do not supply fabricated customer testimonials, star ratings, review counts, customer numbers, years in business or availability claims presented as your trading history. Where a Website includes a reviews or statistics section, it is supplied as an empty or plainly marked placeholder for you to populate with genuine information.

Before you promote the Website, advertise it, or otherwise present it as a description of your business, you must review the content and replace anything that is not accurate for your business. We give you full WordPress administrator access so that you can.

You acknowledge that once the Website describes your business, the statements on it are your representations, and that the Australian Consumer Law prohibits misleading or deceptive conduct and false representations, including about testimonials, prices, standards and prior history. You are responsible for the accuracy of the content you publish or leave published.

New Websites are delivered with search engine indexing switched off and a visible setup notice, both of which remain until you confirm you have reviewed the content. That is a safeguard for your benefit and does not transfer responsibility for the content to us.

If you ask us to write or supply specific factual claims about your business, you are responsible for their accuracy and you must give us the underlying information. We will not invent them.

You own your Domain, the content you supply, and your business data. Nothing in these terms transfers your intellectual property to us.

We own the underlying design, templates, code and other materials we reuse across customers. On payment in full we grant you a perpetual, non exclusive, worldwide, non transferable licence to use those materials as part of your Website, for your own business, including if you move the Website to another host.

That licence does not permit you to resell, redistribute or relicense the design or code as a template or product in its own right.

You grant us a non exclusive licence to use your content and business name only as needed to supply, host and support the Services.

We will use reasonable endeavours to keep the Website available, and to keep it backed up and its software updated, while your Hosting is current.

We do not warrant uninterrupted or error free availability. Interruptions may occur for scheduled maintenance, emergency maintenance, or events outside our control including faults at an upstream provider. We will give reasonable notice of scheduled maintenance where practicable.

Reasonable content changes, such as text, prices, photographs and service lists, are included in the Hosting fee. Work beyond that, such as additional pages, booking or payment systems, or a redesign, is quoted and approved separately before we begin.

We do not warrant any particular search engine ranking, volume of traffic, or number of enquiries, and no statement by us should be understood as such a promise.

Supplying the Services requires third parties, including a payment processor, a domain registrar and registry, a hosting provider and an email provider.

We remain responsible to you for the Services we supply. We are not responsible for the acts or omissions of a third party you contract with directly, and we are not liable for a failure caused solely by a third party outage, to the extent the law permits that position.

Some of these providers operate outside Australia, which means data may be stored or processed overseas. Our privacy policy sets out the detail.

Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy that the ACL confers on you, and any term that purports to do so is of no effect to that extent.

For services, those guarantees include that the Services will be supplied with due care and skill, will be reasonably fit for any purpose we or you made known, and will be supplied within a reasonable time.

If there is a major failure you are entitled to cancel the Services and obtain a refund of the unused portion, or to keep the Services and seek compensation for the reduction in value. If a failure is not major, you are entitled to have it remedied within a reasonable time, and if we do not do so, to cancel and obtain a refund.

You may also be entitled to compensation for any other reasonably foreseeable loss or damage resulting from a failure of a consumer guarantee.

Your rights under our refund and cooling off policy, including the 3 day money back guarantee, are in addition to your ACL rights and do not limit them.

This clause is subject to clause 11 in every respect.

Where a consumer guarantee applies and the law permits us to limit our liability for failing to comply with it, our liability is limited, at our election, to resupplying the Services or paying the cost of having them resupplied.

Otherwise, and to the extent the law permits, the total aggregate liability of either party to the other, whether in contract, tort including negligence, statute or otherwise, is limited to the amount you paid us in the 12 months before the event giving rise to the liability.

To the extent the law permits, neither party is liable to the other for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings or data, however arising.

The limitations in this clause do not apply to your obligation to pay fees, to either party's liability for fraud or wilful misconduct, or to a liability that cannot be limited by law.

Each party must take reasonable steps to mitigate its loss.

We may suspend the Website only where: Hosting fees remain unpaid 14 days after we notify you; the Services are being used in breach of clause 6.3; or immediate suspension is necessary to protect the security or integrity of our infrastructure or another customer.

Except where immediate action is necessary for security, we will give you notice and a reasonable opportunity to fix the problem before suspending.

We will restore the Website promptly once the cause of suspension is resolved. Suspension does not by itself terminate this agreement.

This agreement begins on formation and continues until cancelled. There is no minimum term and no lock in contract.

You may cancel Hosting at any time by notifying us. The Website remains online until the end of the period you have paid for. Your rights under the refund and cooling off policy are separate and set out there.

Either party may terminate this agreement immediately by notice if the other party commits a material breach that is not remedied within 14 days of written notice, or becomes insolvent.

We may cease supplying Hosting generally on 60 days written notice, in which case we will refund any prepaid amount for the unused period and assist you to migrate.

On termination the Website is taken offline. We retain your data for 30 days, during which we will, on request and at no charge, provide a complete copy of the Website and transfer the Domain to you or a registrar you nominate. After 30 days the data may be deleted.

You indemnify us against loss we actually suffer arising from a third party claim that content you supplied infringes that third party's intellectual property rights, or that your use of the Services breached clause 6.3.

This indemnity does not apply to the extent the loss was caused by our own negligence, breach or wilful misconduct, and it is reduced proportionately to the extent we contributed to the loss. We must notify you promptly of any claim, allow you to participate in its defence, and not settle it without your consent, which you must not unreasonably withhold.

Each party must keep the other's confidential information confidential and use it only for the purposes of this agreement, except where disclosure is required by law or the information is already public through no fault of that party.

We handle personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy.

Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, war, industrial action, failure of a telecommunications or upstream provider, or a change in law.

The affected party must notify the other as soon as practicable and use reasonable endeavours to resume performance. If the event continues for more than 30 days, either party may terminate and we will refund any prepaid amount for Services not supplied.

We may vary these terms for future purchases at any time by publishing an updated version.

For an existing customer, a variation that would materially and adversely affect you takes effect only 30 days after we notify you by email, and you may terminate at any time before it takes effect at no cost and with a refund of any prepaid amount for the unused period.

Variations do not apply retrospectively to a purchase already made.

You may not assign this agreement without our consent, which we will not unreasonably withhold.

We may subcontract parts of the Services but remain responsible for them. We may assign this agreement to a purchaser of our business on notice to you, provided the assignee assumes our obligations. If assignment would materially and adversely affect you, you may terminate within 30 days of notice and receive a refund of any prepaid amount for the unused period.

Notices to us go to hello@websiteasap.com.au. Notices to you go to the email address you gave at checkout.

A notice sent by email is taken to be received on the next business day after it is sent, unless the sender receives a delivery failure.

If something goes wrong, contact us first. Most disputes are a misunderstanding and we would rather fix it than argue about it.

If we cannot resolve a dispute within 21 days of you raising it, either party may refer it to mediation before starting proceedings, except where urgent interlocutory relief is required.

Nothing in this clause prevents you from contacting the ACCC, or the consumer affairs or fair trading office in your state or territory, at any time.

These terms, together with the refund and privacy policies and the listing you purchased, are the entire agreement between us on this subject and replace any prior representation, except that nothing excludes liability for misleading or deceptive conduct under the ACL.

If a provision is unenforceable it is severed and the rest continues in force. A failure to enforce a right is not a waiver of it.

The parties are independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.

This agreement is governed by the laws of Victoria, Australia, and each party submits to the non exclusive jurisdiction of the courts of that jurisdiction and the courts of appeal from them.