Terms of Service

1. Definitions

• "Agreement" means these Terms, our Privacy Policy, and any service-specific terms agreed in writing.
• "Website" means the website we build, host, and maintain for you.
• "Content" means text, images, logos, videos, and other materials provided by you or created for your Website.
• "Lead Data" means enquiries and contact information submitted through your Website by your customers.
• "Subscription" means your ongoing monthly payment for Services.
• "Setup Fee" means the one-time payment for initial website design and development.

2. Eligibility

Our Services are designed for trade businesses operating in New South Wales, Australia. By using our Services, you represent that:

• You are at least 18 years old
• You have the authority to bind your business to these Terms
• You are using the Services for business purposes, not personal use
• The information you provide is accurate and complete

3. Services

We provide website design, development, hosting, and management services. The specific inclusions depend on your chosen plan:

3.1 All Plans Include

• Custom website design and development
• Mobile-responsive design
• Australian hosting with SSL certificate
• Quote/contact form with notifications
• Google Business Profile setup and ongoing management
• Lead tracking and storage
• Basic on-page SEO
• Same-day support responses (business hours)

3.2 Plan-Specific Features

Additional features such as number of pages, update frequency, and response times vary by plan. See our pricing page for current plan details.

3.3 What's Not Included

The following are not included in standard plans and may incur additional fees:

• Logo design (available as add-on)
• Professional photography
• Copywriting beyond standard website content
• E-commerce functionality
• Custom integrations or development
• Paid advertising management (Google Ads, Facebook Ads)
• Domain registration fees (billed separately at cost)
• Third-party software subscriptions

4. Subscription Terms

4.1 Initial Term

All subscriptions have a minimum initial term of six (6) months from the date your Website goes live. This initial term allows sufficient time for the Website to be indexed by search engines and generate results.

4.2 Renewal

After the initial term, your Subscription continues on a month-to-month basis at the same rate, unless you cancel or we agree to different terms in writing.

4.3 Cancellation

• During initial term: You may not cancel during the initial 6-month term except for cause (see Section 12). Fees for the remainder of the initial term remain payable.
• After initial term: You may cancel at any time with 30 days written notice. Your Services will continue until the end of the current billing period.
• How to cancel: Email us at hello@sitenest.com.au with your cancellation request.

4.4 Effect of Cancellation

Upon cancellation:

• Hosting and maintenance will cease at the end of your billing period
• Your domain remains yours — we will assist with transfer if needed
• Website files can be exported upon request (see Section 8)
• Lead Data can be exported within 90 days of cancellation
• Google Business Profile manager access will be removed within 7 business days

4.5 Refunds

Setup Fees are non-refundable once work has commenced. Monthly Subscription fees are non-refundable for partial months. We do not provide refunds for change of mind.

Australian Consumer Law: Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

5. Fees and Payment

5.1 Pricing

Current pricing is displayed on our website. Prices are in Australian dollars (AUD) and include GST unless otherwise stated.

5.2 Setup Fee

The Setup Fee is payable before we commence work on your Website. Work will not begin until payment is received.

5.3 Monthly Subscription

Monthly Subscription fees are billed in advance on the same date each month (the "billing date"), starting from when your Website goes live. We accept payment by credit card or direct debit.

5.4 Failed Payments

If a payment fails, we'll get in touch and try again. If we can't sort it out within 7 days:

• A $25 late fee may apply
• After 14 days: We may pause your website until payment is sorted
• After 30 days: We may end the Agreement

Once payment comes through, we'll have your site back online within 24 hours.

5.5 Price Changes

We may increase Subscription fees with at least 30 days written notice. If you do not accept the new pricing, you may cancel your Subscription effective from the date the new pricing takes effect (even during the initial term).

5.6 Additional Work

Work outside the scope of your plan (custom development, additional pages beyond your plan limit, rush requests) will be quoted separately and billed upon completion.

6. 72-Hour Launch Guarantee

We guarantee to launch your Website within 72 hours of receiving all required materials from you, subject to the following conditions:

6.1 Requirements

The 72-hour clock starts when we have received:

• Full payment of the Setup Fee
• Business information (name, address, phone, email, ABN)
• Service descriptions or list of services offered
• Service areas/suburbs
• At least 3 photos of your work or business (phone photos accepted)
• Logo (if you have one) or approval to create a text-based logo
• Domain access or approval to register a new domain

6.2 Exclusions

The guarantee does not apply if:

• You do not provide required materials within 7 days of signing up
• You request changes or revisions that extend the timeline
• Domain transfer or DNS propagation delays occur (outside our control)
• You are unresponsive to communications for more than 24 hours
• Force majeure events occur (see Section 15)

6.3 Remedy

If we miss the 72-hour window due to our fault, your first month is on us.

7. Your Content and Responsibilities

7.1 Content Ownership

You retain ownership of all Content you provide to us (text, photos, logos, videos). You grant us a non-exclusive licence to use, reproduce, and display this Content solely for the purpose of providing the Services.

7.2 Content Warranties

You represent and warrant that:

• You own or have the right to use all Content you provide
• The Content does not infringe any third party's intellectual property rights
• The Content is accurate and not misleading
• The Content does not violate any laws or regulations
• You hold all necessary licences and permits for your trade

7.3 Prohibited Content

You may not request or provide Content that is illegal, defamatory, fraudulent, harassing, obscene, or infringes intellectual property rights. We reserve the right to refuse to publish any Content that violates these Terms.

7.4 Your Responsibilities

You are responsible for:

• Providing accurate and up-to-date business information
• Responding to our communications in a timely manner
• Reviewing and approving Website content before launch
• Notifying us promptly of any changes to your business details
• Complying with all applicable laws and industry regulations
• Having appropriate licences, insurance, and permits for your trade

8. Domain and Hosting

8.1 Domain Ownership

Your domain is registered in your name and remains your property at all times. We will never hold your domain hostage. Domain registration fees are billed separately at cost (typically annually).

8.2 Domain Transfer

Upon cancellation or termination, we will provide you with:

• Full access to your domain registrar account, or
• Authorisation code to transfer your domain to another registrar

We will assist with domain transfer at no additional charge, provided your account is in good standing.

8.3 Website Files

Upon request (during or after your subscription), we will provide an export of your Website files and Content. Note that our custom code and templates remain our intellectual property (see Section 9).

8.4 Hosting Uptime

We aim for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be performed during off-peak hours where possible. We are not liable for downtime caused by factors outside our control.

9. Intellectual Property

9.1 Our IP

We retain ownership of all intellectual property in our templates, code, systems, processes, and any custom development we create. This includes:

• Website templates and design frameworks
• Custom code and functionality we develop
• Our brand, logos, and trademarks
• Training materials and documentation

9.2 Licence to You

During your Subscription, you have full use of the Website we build for you. If you leave, you keep:

• Your domain (it's registered in your name)
• Your content (photos, text, logos)
• Your lead data (exportable on request)
• Your Google Business Profile (we just remove our access)

What you don't keep: the live hosted website and our templates/code. You'd need to rebuild on another platform or host the exported files yourself.

9.3 Your IP

You retain ownership of your Content, logos, trademarks, and any intellectual property you provide to us.

9.4 Portfolio Rights

We may feature your Website in our portfolio, case studies, and marketing materials. If you prefer not to be featured, please let us know in writing.

10. Google Business Profile

If you authorise us to manage your Google Business Profile:

• You retain ownership of your profile at all times
• We will be added as a manager (not owner)
• We will update your profile information, add photos, and post updates
• We may respond to reviews on your behalf if agreed
• We will comply with Google's third-party policies

We are not responsible for actions taken by Google, including suspension or removal of your profile. We will notify you promptly of any issues that arise.

11. Lead Data

11.1 Ownership

Lead Data (enquiries from your customers) belongs to you. We process this data on your behalf as a data processor.

11.2 Your Obligations

You are responsible for ensuring your own privacy policy adequately discloses the collection of Lead Data to your customers. You must comply with all applicable privacy laws regarding your customers' information.

11.3 Data Export

You may request an export of your Lead Data at any time. Upon cancellation, Lead Data will be retained for 90 days before deletion unless you request export.

12. Termination

12.1 Termination by You

You may terminate this Agreement for cause if we materially breach these Terms and fail to remedy the breach within 14 days of written notice.

12.2 Termination by Us

We may terminate or suspend this Agreement if:

• You fail to pay fees when due (after the cure period in Section 5.4)
• You breach these Terms and fail to remedy within 14 days of notice
• You engage in fraudulent, illegal, or unethical conduct
• You provide Content that violates Section 7.3
• Continuing the relationship would expose us to legal liability

12.3 Effect of Termination

Upon termination, the provisions of these Terms that by their nature should survive (including Sections 7.2, 9, 13, 14, and 16-20) will continue in effect.

13. Warranties and Disclaimers

13.1 Our Warranties

We warrant that:

• We will perform the Services with reasonable care and skill
• The Website will substantially conform to the agreed specifications
• We have the right to provide the Services

13.2 What We Focus On

We guarantee a fast, professional website, responsive support, and solid technical foundations.

Results like rankings, leads, and revenue depend on many factors beyond the website itself — your market, competition, how quickly you respond to enquiries, and the quality of your work. We set you up for success, but we can't guarantee specific business outcomes.

We're also not responsible for things outside our control, like actions taken by Google or occasional hosting hiccups (though we aim for 99.9% uptime).

13.3 Consumer Guarantees

If you are a "consumer" under the Australian Consumer Law, you have statutory guarantees that cannot be excluded. Nothing in these Terms is intended to exclude, restrict, or modify those guarantees.

14. Limitation of Liability

14.1 Cap on Liability

To the maximum extent permitted by law, our total liability to you for any claims arising out of or related to this Agreement is limited to the total fees you have paid us in the 12 months preceding the claim.

14.2 Exclusion of Consequential Loss

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, including:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Cost of substitute services
• Damages arising from business interruption

14.3 Exceptions

The limitations in this section do not apply to liability that cannot be limited by law, including liability for fraud, gross negligence, or breach of consumer guarantees under the Australian Consumer Law.

15. Indemnification

You agree to indemnify, defend, and hold harmless SiteNest, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

• Your breach of these Terms
• Your Content infringing third-party intellectual property rights
• Your violation of any applicable laws or regulations
• Claims by your customers relating to your business or services
• Your use of Lead Data in violation of privacy laws

16. Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to:

• Natural disasters, pandemics, or acts of God
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications outages
• Third-party service provider failures (Google, hosting, etc.)
• Power outages

The affected party must notify the other party promptly and use reasonable efforts to mitigate the impact. If the force majeure event continues for more than 60 days, either party may terminate this Agreement.

17. Dispute Resolution

17.1 Good Faith Negotiation

If a dispute arises, the parties will first attempt to resolve it through good faith negotiation. Either party may initiate this process by sending written notice of the dispute.

17.2 Mediation

If the dispute is not resolved within 21 days of negotiation, either party may refer the dispute to mediation administered by the Resolution Institute. The costs of mediation will be shared equally.

17.3 Litigation

If mediation is unsuccessful, either party may pursue legal remedies. This clause does not prevent either party from seeking urgent interlocutory relief.

18. Governing Law

This Agreement is governed by the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts.

19. General Provisions

19.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, or agreements relating to its subject matter.

19.2 Amendments

We may amend these Terms by posting updated terms on our website. Material changes will be notified to you by email at least 30 days before they take effect. Your continued use of Services after changes take effect constitutes acceptance.

19.3 Severability

If any provision of this Agreement is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it valid, or if modification is not possible, it will be severed. The remaining provisions will continue in full force.

19.4 Waiver

Our failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision.

19.5 Assignment

You may not assign or transfer this Agreement without our written consent. We may assign this Agreement to a successor in the event of a merger, acquisition, or sale of substantially all our assets.

19.6 Notices

Notices under this Agreement must be in writing and will be deemed received when delivered by email (if delivery is confirmed) or 3 business days after being sent by post.

20. Contact Us

For questions about these Terms of Service, contact us:

• SiteNest
• ABN: 17 681 386 023
• Email: hello@sitenest.com.au
• Phone: 0451 644 854