TERMS AND CONDITIONS OF THE SERVICES OF SIMPLE SITES

 

The Trustee for the Simple Biz Trust Trading as Simple Sites ABN 86 946 637 399 (Simple Sites) & EQUELLER PTY LTD & B MICHEL Trading as  Simple Sites ABN 38 136 424 834 (Simple Sites)

 

The payment of the deposit and/or the use or continued use of Simple Sites services signifies acceptance of these terms and conditions.

 

Delivery of Service

 

Simple Sites is agreeing to complete the work as described in any Instant Estimate and/or Scope of Work and/or Technical Addendum and/or Ad hoc Quote and/or Proposal that may be provided to you. Please refer to those documents to understand the product you are purchasing and to ensure that it suits your needs. You should also refer to the examples that Simple Sites has provided to you of other sites that Simple Sites has designed which fall within your budget level so that you fully understand the product that you will be receiving. It is your responsibility to ensure that you are aware of and are familiar with the full specifications and functionality of the product that you are purchasing and accordingly you are responsible for the ensuring that you obtain from Simple Sites any of the above referred to documents that are necessary for you to understand these matters.

 

You must understand the functionality of the product that you are purchasing as changes to the standard functionality may incur additional costs.

 

Content, Design and Package Restrictions:

 

Each package or product has certain design and functionality restrictions. It is your responsibility to understand these restrictions prior to commencing any project. You should discuss any queries you may have with your consultants and also refer to the examples Simple Sites has provided to you which fall within your budget range, and refer to any documentation that Simple Sites has provided to you.

 

During various stages of the design process Simple Sites will request from you certain information and content. You should ensure that the information and content that you provide to Simple Sites is correct and is your final version. Simple Sites cannot accept any revised content once you have submitted your content. Any revisions to content may result in you incurring additional costs.

 

Where “pages” of content are specified, a Page consists of up to one A4 page of text and up to 5 images. If you require more content than this on any one page, you should advise Simple Sites accordingly so that Simple Sites can provide you with a quote for the extra content.

 

Where a gallery of images is used, up to 20 images can be entered by Simple Sites for you. Additional images may incur additional costs. You should note that a gallery counts as a page.

 

When Simple Sites provides you with design layouts for approval, these design layouts represent the suggested design for the home page of the site. You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented. You should ensure that you ask your consultant for more information if you are unclear on this.

Simple Sites uses the content in the form that is provided to Simple Sites by you and does not conduct spelling or grammar checks. Simple Sites will not write your content for you unless you have requested that this be provided as a separate service which will incur additional costs. You are solely responsible for the content of the site and accordingly Simple Sites will treat the submitted content as the final version of that content. If you find you have mistakes in your submitted content, you are able to change your content through the Content Management System if there is one attached in your site.

 

Simple Sites includes a set number of rounds of changes during its site production process. The standard number of rounds of changes is 3. Any extra changes required by you will incur additional costs and such extra changes can be purchased during the sales process. Simple Sites accepts no responsibility for ensuring that such changes are error free.

 

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. In the event that Simple Sites makes any mistakes or omissions in implementing the changes that you have requested, Simple Sites will rectify this at its own expense.

 

Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.

 

Simple Sites may include a link to its own website at the footer of you site, and where such link is so included, you must not take any steps to remove this link. Simple Sites reserves the right to change any such links from time to time.

 

Testing:

 

You are expected to test fully any application or programming relating to the site developed by Simple Sites for you before making such site generally available for use. Where “bugs”, errors or other issues are found after the site is live, Simple Sites shall endeavor (but is not obliged) to correct these issues to meet the standards of function outlined in these terms and conditions.

 

Fees and Payment Terms:

 

The total cost of you project and any fees are set out in the quote provided to you by Simple Sites, the scope of work and any ad hoc quotes that may be provided to by Simple Sites from time to time. Details regarding costs can also be obtained from your sales consultant by request. You must ensure that you are aware of any costs and ongoing fees before you elect to proceed.

 

Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of Simple Sites payment terms.

 

Your initial website consultations are included in your quoted project cost and part of you deposit. If you do not decide to proceed with Simple Sites, you will not be liable for this cost.

 

Simple Sites’ standard payment terms for any project are as follows:

 

50% of the total project cost will be required as a upfront deposit in order to get you project started. This also includes the cost of you initial website consultations.

 

The balance of the total project costs shall be payable once your project is finished and prior to Simple Sites making the site live or within 28 days from the date that your initial deposit was made – whichever occurs first.

 

Simple Sites requires final payment and direct debit forms to be provided in respect of any ongoing fees and such forms are to be returned to Simple Sites before Simple Sites will make your site live. Your final balance payment and direct debit form must be returned to Simple Sites upon completion of your site (before going live) or within 28 days from the date that your initial deposit was made – whichever occurs first.

 

Content Management System fees  and other monthly fees are to be paid by way of monthly direct debit or monthly credit card payments only. Your monthly fees will start on the day which is 28 days after the date on which you have paid the upfront deposit.

 

Any extras requested during the process shall be added to the total project costs and will be payable at the stages outlined above. Please note that extras outside your package specifications will incur additional charges which Simple Sites will inform you of before proceeding.

 

If you require Simple Sites to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Simple Sites’ standard prices as quoted. All work must be paid for upfront and will be quoted for on request.

 

If Simple Sites has difficulties contacting you for prolonged periods of time or does not received required feedback of information from you, you may incur additional charges and delays in delivery of your project. If you are un-contactable for more than 14 days, Simple Sites may suspend indefinitely or end your project without further notice to you. If your project is suspended or ended, then your final payment will be due and payable immediately to Simple Sites. To resume your project you will need to pay a $99 re-instatement fee and the decision regarding whether the project will be resumed shall rest solely with Simple Sites.

 

If you wish to take your site and host elsewhere, you may still need to pay Simple Sites the monthly service fee or pay a release fee of $300 in order to waive your monthly fees. Please discuss with your consultant should you be unclear as to this.

 

Simple Sites can put your project on hold if your circumstances change, in which case you will be required to make the next payment due and then the project will be placed on hold until such time as you are ready for it to proceed. You will not be charged any additional costs to resume your project in these circumstances.

 

Please note that paying the deposit on any project shall signify your agreement and commitment to complete the project with Simple Sites and your agreement to make full payment to Simple Sites. Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.

 

You shall remain liable for all fees incurred by Simple Sites during any period when your site has been suspended or discontinued due to your failure to comply with these terms and conditions. In addition, you must pay all costs in full without any set off, counter claim or deduction unless first agreed to in writing by Simple Sites.

 

Please note that interest at the rate of 15% per annum shall accrue on any amounts outstanding in excess of Simple Sites payment terms from time to time.

 

If accounts are not settled and Simple Sites has not been contacted regarding the delay, access to your site may be denied and the web page may be removed.

 

Refunds:

 

Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have not returned any of the required information to Simple Sites and on the condition that Simple Sites not commenced any work on your project.

 

An administration fee of $99 will apply to all refunds.

 

Automatic Renewal of Domain Names:

 

In the event you have elected to pay for services provided by Simple Sites by way of direct debit, then any domain names registered for you by Simple Sites shall be automatically renewed by the due date for renewal and cost of such domain name renewal shall be added to the direct debit payment for that month.

 

Contacting Simple Sites:

 

When contacting Simple Sites, you must use the email address and phone number provided to you and you must always ask for the person you wish to speak to directly. To reduce your costs, Simple Sites uses an outsourced call centre. The call centre is based inAustraliaand relays the message to Simple Sites instantly. You should inform the call centre of who you wish to speak to when asked so that your message gets to the right person the first time and so that there are no delays in passing on your message. Simple Sites personnel will return all calls during business hours.

 

In addition to the costs incurred in delivering project to you, Simple Sites will also charge you for office services charges such as for emails and telephone calls (which are charged at the rate of $5.00 per email/ telephone call, regardless of duration, for any emails and/or telephone calls that are in excess of three in any one week period).

 

Warranty:

 

Simple Sites provides a 90-day warranty on all of its work. However, if you have made changes to your site using the Content Management System, you may incur additional cost to resolve any issues that arise due to those changes.

 

Browser Compatibility:

 

Simple Sites will make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.

 

Changes made to the site through CMS, in some cases, can cause browser related issues. If this happens, Simple Sites may need to charge additional fees to rectify these issues.

 

Limitation of Liability:

 

Whilst every endeavour will be made to ensure that the site is free of errors, Simple Sites cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of information or business interruption) incurred due to malfunction or due to the construction or operation of the site or any part of it. Further, Simple Sites will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by computer hacking, computer viruses, malware or spyware. If your site is so affected, Simple Sites may, at its sole discretion, assist you with remedying such affliction; however in doing so, Simple Sites accepts no responsibility or liability in this respect.

 

In addition, Simple Sites accepts on liability whatsoever for any damages or costs (including consequential damages or losses) incurred as a direct or indirect result of using Simple Sites services or services of Simple Sites’ related companies or businesses (howsoever caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary software. Simple Sites does not provide any guarantee that such open source or third party proprietary software will be fit for the purpose or function as required by you.

 

If Simple Sites suspends your site for any breach of these terms of service or any other reason whatsoever, Simple Sites shall not be liable for any loss or income costs incurred by you, including any consequential loss or damage suffered by you.

It is your responsibility to ensure you are aware of renewal dates of domain names and other services. Simple Sites takes no responsibility for loss of domain names or other services due to non renewal, whether notification is sent to you or not. Please contact Simple Sites if you do not know the renewal dates of your services.

 

All terms, conditions, warranties, undertakings, inducements and representations, whether expressed or implied, statutory or otherwise, relating to the provision of services by Simple Sites not contained in these terms and conditions are excluded.

 

Except as required by statute, all expressed and implied conditions and warranties in relation to the services provided are hereby excluded  and Simple Sites’ liability hereunder (if any) shall be limited at Simple Sites’ discretion to the replacement of the services, the supply of the equivalent services or the value of the services supplied by Simple Sites. You acknowledge that the limitation of liability in this clause is fair and reasonable.

 

Indemnification:

 

You acknowledge and agree that you are using all services and facilities provided by Simple Sites at your own risk and you agree to defend, indemnify, save and hold Simple Sites harmless from any and all demands, liabilities, costs, losses and claims, however suffered, including but not limited to legal fees incurred by Simple Sites that may arise directly or indirectly from any service provided or agreed to be provided by Simple Sites to you or any product or service offered or sold by you to your clients. You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

 

You also agree to defend, indemnify and hold harmless Simple Sites against any liabilities arising out of injury to any person or property of any person caused by any service provided by Simple Sites or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.

 

Domain Names:

 

Simple Sites registers its domain names through third party resellers. before registering a domain name you must read through the terms and condition found here or at the link "domain name terms" found at the bottom of the Simple Sites website. Any request to register a domain name(s) by you will indicate that you agree to have read and understand the domain name TERMS AND CONDITIONS OF TRADE and agree to be bound by these conditions.

 

Non-Disclosure:

 

Simple Sites agrees that, except if directed by you, Simple Sites will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you. Likewise, you agree that you will not convey any confidential information about Simple Sites to any other party, including but not limited to, using any documentation provided to you by Simple Sites or using any Simple Sites’ processes related to the delivery of your service.

 

Software:

 

In the course of building your site Simple Sites may use various open source software and also third party proprietary software. Each particular software has its own processes, functionality and works in its own way. The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.

 

Simple Sites does not provide any warranty in respect to the functionality of such open source or third party proprietary software and Simple Sites does not provide any guarantee that such software will be fit for the purpose or function as required by you.

 

Acceptable Use:

 

All users of Simple Sites’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by Simple Sites and notified to you from time to time.

 

The services of Simple Sites must only be used for lawful purposes. You cannot use any of the services of Simple Sites to store, transmit, modify, publish, transfer or sell, reproduce, create derivative works from, perform, display or in any way exploit or distribute any material in any way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or personal rights of others, or any material that is obscene, threatening, abusive, hateful, libellous, defamatory, pornographic, harassing or threatening or in violation of any law, or is in any other way, objectionable.

 

Simple Sites reserves the right to suspend any services if, in its sole discretion, it deems any activities you are undertaking to be putting its reputation, services or other clients at risk. In addition, Simple Sites reserves the right to deal in any way with material which may be deemed offensive, illegal, or in any way controversial and also to terminate its hosting service should the necessity arise.

 

Server Uptime and Usage (Web Hosting):

 

Simple Sites uses industry standard server hardware and software. Simple Sites works to minimize any downtime and endeavours to provide uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of Simple Sites relies on factors outside of its control and accordingly Simple Sites does not accept any responsibility for any losses incurred for any down time.

Unless otherwise specified in writing, you are limited to 10 gb per month of bandwidth and 1 gb of disk space for web site that you have hosted with us.

 

While Simple Sites makes incremental and full scheduled backups of its servers, Simple Sites does not guarantee that any loss of data will be recovered. Additional charges may be incurred where you request Simple Sites to attempt to make recoveries of lost data.

 

You acknowledge and agree that Simple Sites may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.

Where applications or sites are developed on a server that is not operated by Simple Sites, you are expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application be correctly developed. Where larger applications are to be developed, it is your responsibility to provide a suitable testing environment which is identical to the final product development.

 

Suspension of Services:

 

Simple Sites reserves the right to suspend/cancel any or all services provided to you, including all domain names if:

 

• You have outstanding invoices or accounts;

 

• Your account is in dispute  or a subject of a dispute resolution procedure, court order, judgment, finding or determination;

 

• You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Simple Sites;

 

• There is evidence of fraudulent, illegal, defamatory or offensive activities or evidence of any other activity that is in breach of a third party’s rights;

 

• Simple Sites deems that your use of its service may jeopardize the operation of the service that Simple Sites provides;

 

• Simple Sites’ service suffers any technical failure or if Simple Sites must carry out maintenance;

 

• You have used Simple Sites’ service in a manner which violates any applicable laws or regulations;

 

• You have used Simple Sites’ service in a manner which interferes with or disrupts the usage of the service by other clients of Simple Sites; or

 

• Simple Sites deems any other reason as satisfactory to protect Simple Sites, its staff or other clients.

 

Reasonable notice  of the suspension/cancellation of services will be given to you by Simple Sites only where possible. In the even that your account is suspended or canceled under there terms and conditions, you must pay all outstanding charges to Simple Sites immediately.

 

Termination:

 

Either party may terminate the ongoing monthly service agreement for Simple Sites to provide web hosting services by providing the other party with 30 days written notice of such termination. If you wish to terminate the ongoing monthly service, then you must provide such written notice to Simple Sites by emailing to Simple Sites accounts@simplesites.com.au the cancellation form which can be requested from Simple Sites’ accounts department.

 

If you choose to terminate the agreement, then the balance of any fees owing to Simple Sites, including in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.

You acknowledge that the sites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason  to terminate the agreement between you and Simple Sites.

 

Recovery Costs:

 

In the event Simple Sites takes action to recover from you any amount outstanding, Simple Sites shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses.

 

Force Majeure:

 

Simple Sites may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which Simple Sites relies to provide its services, act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by any reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting, or other causes beyond Simple Sites’ control.

 

You agree to release Simple Sites from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.

 

Variation:

 

These terms and conditions may be varied or updated from time to time by Simple Sites.

 

Governing Law and Jurisdiction:

 

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

 

Severability:

 

If any provisions of these terms and conditions is invalid and not enforceable with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

 

Waiver:

 

The failure, delay, relaxation or indulgence on the part of Simple Sites in exercising any power or right conferred upon Simple Sites by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

 

No Assignment:

 

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of Simple Sites.

 

No Adverse Construction:

 

These terms and conditions are not to be construed to the disadvantage of Simple Sites because Simple Sites was responsible for its preparation.

 

Non-Disparagement:

 

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage Simple Sites or any of its employees or its business. This obligation survives the termination of the engagement of Simple Sites.

 

Simple Sites 24 Rimcross Drive, Keilor East VIC 3033

 

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