Terms & Conditions of Sale
Last updated: August 18, 2014
Please read these Terms & Conditions of Sale carefully before engaging the services or products offered by ActiveSite ("us", "we", or "our").
By engaging or using the services we provide, you agree to be bound by these Terms & Conditions of Sale. If you disagree with any part of the Terms & Conditions of Sale then you may not engage or use our services.
Website Design (General)
The design and delivery of the website will be limited to the details that appear in the schedule or promotional material. If you require any changes or modifications to the website that fall outside of the schedule or promotional material, you will be required to pay for those changes. We will inform you of the charges or rates prior to start of any changes or modifications.
Payment & Ownership
You may purchase a custom website and other design services from us by paying us the full purchase price for that product or service. You own your website and design outright unless the website is an ActiveSite Solution website product.
Before any work commences on the design of a custom website, a non-refundable 50% deposit is required.
A progress payment may be required depending on the size and scope of the project. You will be advised if this is case prior to us requesting such a payment.
Final payment of balance due is required after client content is uploaded to the website, or within 3 days of notification to complete this request, whichever occurs first. Final Payment terms may also appear in your schedule/contract, and these will take precedence over the terms listed here.
Websites need to be hosted to be made accessible on the web. We provide this service for a fee, or if you choose, you can setup your own hosting arrangements. It will be your responsibility to maintain the website and ensure that your hosting provider can accommodate the CMS software that we use or recommend. We may terminate your hosting account if we believe you have not adhered to the terms within, or if we believe that your account is no longer active.
ActiveSite does not offer refunds on websites, products or services. If you have an issue that you would like to discuss, please contact us and we will help you resolve your issue.
Use & Care
You must ensure that the Website is used only in your general business, by qualified personnel and only for the purposes for which it was designed.
You, at your own expense, at all times agree to:
(a) use the care of a cautious and prudent owner to prevent damage to, loss or destruction of the Website;
(b) maintain the Website in good order and repair (reasonable errors expected), and immediately notify us of any major problems or issues;
(c) comply with any of our instructions and recommendations relating to the use, service and maintenance of the Website;
(d) comply with all laws relating to the use, possession, operation, storage, content, registration or licensing of the Website;
(e) keep the Website under your personal control; and
(f) notify us immediately in writing if the Website is hacked, damaged or not accessible, regardless of the cause.
At all times you agree not to:
(a) use any part of the Website in contravention of any of the laws for the time being in force relating to the Website;
(b) alter, deface or conceal our identifying brand, words, markings or links;
(c) install anything on the Website without our prior written consent (general content adding and updating expected);
(d) sell, hire, dispose, sublet, charge, part with possession of or otherwise encumber the Website or any interest in the Website, or agree or attempt to do so or authorise any person to so without our prior written consent;
(e) attempt to copy, transfer, or download the website to another location, or instruct any person to do so; or
(f) use the Website or any part of the Website in any way which might endanger the online status and reputation of the Website or prejudice our interest in the Website.
You agree to permit us, our personnel and agents to inspect the website at any reasonable time and you consent to us modifying, updating, removing parts of or in any other way editing or changing the Website without prior notice.
Risks and Indemnities
You assume all risks and liability in relation to the Website and the use, content maintenance, text, images and information of the Website (including liability for injury to any person or damage to any property, whether direct, indirect or consequential).
You indemnify us, our agents and employees against all loss (including loss of bargain or profit), damage, liabilities, costs, taxes, charges and expenses (including legal expenses on a full indemnity basis) of whatever kind of nature, arising directly or indirectly from, or in respect of:
(a) the Website’s delivery, installation, use or change of use, location, condition, operation, seizure, forfeiture or other confiscation, or the Website’s loss, destruction, theft or damage however caused including loss of value or brand damage resulting from insufficient, inadequate or poor maintenance;
(b) any claim or demand made by any third party in relation to the Website or in the use of the Website;
(c) any damage to property or death of, or injury to, any person suffered or sustained in connection with Website or the use of the Website;
(d) any new legislation or change in the legislation (including government revenue raising legislation) or subordinate legislation, or any change in ruling, guideline, directive or requirement issued by any government authority or any change in the interpretation of any such legislation, subordinate legislation, ruling, guideline, directive or requirement that affects these terms, the transactions evidenced by these terms, our obligations under these terms or our return under these terms.
If the Website is hacked and/or in any other way substantially destroyed, we will reinstate the website to its last recorded back up for a fee. Please see our current Fees & Charges document for more information.
Governing Law and Enforceability
The laws of Queensland will apply to these terms of sale.
The parties agree to submit to the Jurisdiction of the courts in Southport, Queensland.
To the extent that any provision contained in these terms of sale is prohibited or void or unenforceable, such provision will be severed from these terms of sale without invalidating the remaining provisions of these terms of sale.
Authority to Complete
You authorise us to complete any items of the Schedule which are incomplete in any respect.
Neither the introducer, broker or other person, who may have introduced you to us, is our agent.
Authority to Sign
Where these terms of sale are executed by a person on your behalf, that person warrants that he or she has the authority and delegated power to execute these terms of sale on your behalf.
You invite us to send to you from time to time any information concerning the design services and products provided by us.
We do not provide website management services unless you have subscribed to our Website Management Pack. The inclusions of the Website Management Pack are subject to change and availability. Website management services can include tasks such as performing backups, security updates, small content changes, and technical support. The Website Management Pack has a minimum 3 month signup period, after 3 months this reverts to a month-to-month basis. Time allocated to small content changes does not roll over or accumulate each month, and will be forfeited if not used by the month's end. You may cancel this service by giving us one month’s notice. This service is available only for clients who have had their website built with us. Please see the promotional material for our Website Management Pack for all of the latest inclusions and details.
If you choose to host your website with us, we will charge you a monthly service fee to ensure that your website remains accessible on the web. Please see our current pricing for more information. You may cancel this service by giving us one month’s notice. You will be responsible for the migration and technical particulars of the website from the moment the service is cancelled. We may terminate your hosting account if we believe you have not adhered to the terms within, or if we believe that your account is no longer active.
ActiveSite Solution Website Products
If you are an approved customer* we will allow you to pay for the license to use an ActiveSite website which you purchase from us over a minimum 12 month period. This offer is known either as the ActiveSite Lite, ActiveSite Plus, or ActiveSite Max.
Your ActiveSite Plan may require you to pay for the website by either paying us:
(a) nothing upfront but monthly website charges (if this particular promotion is available), or
(b) an upfront fee and monthly website charges.
You must pay any monthly website charges to us each month for the website term. The website term for your ActiveSite Plan will be set out in your application or in the promotional material applicable to the website package you choose.
The service can be cancelled at your advice, or can be cancelled if you fail to make payment within 30 days of your last invoice. If the service or product is cancelled before the expiry of the minimum term, you will be required to pay us:
(a) any design service charges incurred up to, and including, the cancellation date; plus
(b) the cancellation fee payable under your agreement, if any; plus
(c) the sum of unpaid monthly website charges owing on your website under the ActiveSite plan, if any; plus
(d) a letter of demand fee (if cancellation is caused by non-payment), and any filing fees or court costs.
Different ActiveSite Plans are available depending on the website package you choose. You may upgrade your plan to the next available plan, but you cannot downgrade.
‘Purchasing’ an ActiveSite website grants you, the purchaser, an ongoing, non-exclusive, worldwide ‘license’ to make use of the website you have selected. You are licensed to use the website as one single final website customised with your content. You can’t re-sell the website, and you can’t re-distribute the website as stock, in a tool or template, or with source files. You can’t do this with the website either on its own or bundled with other items, and even if you modify the website. You can’t re-distribute or make available the website as-is or with superficial modifications. These occurrences are not allowed, even if the re-distribution is for Free, or for another project of your own. ActiveSite retains ownership of the website but grants you one single license on these terms. This license is between ActiveSite and you.
ActiveSite End of Term Options
After completing the ActiveSite Term, you can request to release the website from our hosting and management services if you choose to host and maintain the website yourself or through another provider. The license terms continue to be in affect even after the ActiveSite Term is completed, even if you move the website to another hosting service or provider.
ActiveSite offers you the following options at end of term:
(a) continue the plan on a month to month basis at the same monthly charge
(b) signup for another ActiveSite plan, and we will refresh, change or build you a new website as per the specifications of the ActiveSite plan that you choose.
(c) signup for a new hosting account, which doesn't include the management and support that the ActiveSite plan includes, though outright hosting will be a lower price.
ActiveSite Payment Terms
All ActiveSite plans are invoiced in advance pro-rata and are due on the first calendar day of the month. Payment is by credit card only, and you must login to ActiveSite’s client area to securely add your credit card to your profile. You authorise ActiveSite to automatically debit your credit card on or around one day before the invoice is due. Any dishonoured payments will incur a chargeback fee. If an invoice remains unpaid for 7 days, the website will be suspended, and a late fee applied.
*To be an approved customer you will need to meet our eligibility requirements of the service pricing plan you wish to choose.