Sitefoundry logo with circle and half circle

Terms of Service

Preamble

Welcome to the Sitefoundry Terms of Service. These Terms of Service set out the terms and conditions that apply to the services and subscriptions offered by Sitefoundry (ABN 63 631 776 364) in relation to sitefoundry.au (Website) and any associated services to you. By using the Website and subscribing to the services offered by us, including registering an account (except to read these Terms of Service for the first time), you agree to comply with, use in accordance with, and be bound by all the terms and conditions set out in these Terms of Service. By accepting these Terms of Service, you warrant that you have the power and authority to enter into these Terms of Service and also confirm that you have read and accept our Privacy Policy which together make up a legally binding agreement between us. These Terms of Service may be accepted by doing either one or more of the following by:

  • Continuing to use this Website after reading these Terms of Service;
  • Making a purchase on the Sitefoundry website; or
  • Signing and returning the verification form in which these terms and conditions were attached or referred to.

We reserve the right to modify or amend these Terms of Service at any time. Any revised Website Terms and Conditions will take effect upon notice of any updates. If you have any questions about these Terms of Use, please contact us at helpdesk@sitefoundry.au.

Accuracy

We take all due care and diligence to ensure that the integrity and accuracy of the information on our Website is not comprised. If you are aware or become aware that the information on the Website is not accurate or is compromised in some way, we would appreciate you informing us immediately. To the greatest extent permitted by Law, we disclaim all liability and responsibility for any direct or indirect losses, damages, costs (including legal costs on a solicitor-own client basis) and expenses of whatever nature (either actual or contingent) which may be suffered, incurred, arising out of, or in respect of, or related to your use of our Website and/or relying on anything published or not published on our Website.

To the greatest extent permitted by Law, you agree to indemnify and keep us indemnified from any actions, Claims, demands, liabilities, losses, damages, costs (including legal costs on a solicitor-own client basis) and expenses of whatever nature (either actual or contingent) which may be suffered, incurred, arising out of, or in respect of, or related to your use of our Website and/or relying on anything published or not published on our Website. The Website and its content is provided on an “As-Is, As-Available” basis. We do not warrant that the use or access to the Website will be uninterrupted or that the Website will be error-free or that defects or mistakes will be immediately corrected. Our Website should not be relied upon as a substitute for making your own inquiries as to the accuracy of the content, or for seeking independent professional insurance, medical or other advice.

To the greatest extent permitted by Law, we do not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website, or will we be liable for any cost or damage arising either directly or indirectly from your use or access to the and/or relying on anything published or not published on our Website. To the greatest extent permitted by Law, in no event will we, our members, managers, officers, employees, agents, or its assigns be liable for any incidental, consequential or indirect damages (including, but not limited to, damages for loss of life, personal injury, loss of profits, loss of reputation, business interruption, loss of information, and the like) arising out of the use or access, to the Website, or inability to use, access the Website, or any information or lack of information provided on or downloaded from the Website or any claim attributable to errors, omissions or other inaccuracies on the Website.

You acknowledge and agree that by using or accessing our Website, you will not use any software, process or other means to copy or index our content for any commercial purpose, including but not limited to modifying, adapting, or reproducing such content without first obtaining our written permission, and/or do any act or thing to cause our Website to suffer excessive demand to its service infrastructure by your use of our Website or interfere with our Website in any way. We reserve all our rights to prevent any unauthorised use or access to our Website and in so doing, you acknowledge and agree to indemnify and keep us indemnified from any actions, Claims, demands, liabilities, losses, damages, costs (including legal costs on a solicitor-own client basis) and expenses of whatever nature (either actual or contingent) which may be suffered, incurred, sustained, arising out of, or in respect of, or related to preventing such unauthorised use or access to our Website.

Definitions

  • Claim means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, proceeding, right of action, chose in action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, howsoever arising and whether ascertained or unascertained, or immediate, future or contingent;
  • Force Majeure means an act of God, war, revolution or any other unlawful act against public order or authority, an industrial dispute, a governmental restraint or any other event which is not within our or your control;
  • Governmental Agency means any governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world;
  • GST means the tax payable on taxable supplies under the GST Legislation;
  • GST Legislation means A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related regulation or amendment from time to time;
  • Law includes any law, statute, regulation, ordinance, authorisation, ruling, judgement and any other order or decree of any Governmental Agency in any jurisdiction;
  • Services means a web hosting, WordPress hosting, email hosting or domain name service provided by Sitefoundry;
  • Sitefoundry means Torin Maxwell Peel (ABN 63 631 776 364) trading as Sitefoundry and its successor, assigns or authorised representative and otherwise referred to as we, our and us;
  • Subscription means a web hosting, WordPress hosting, email hosting or domain name service subscribed to on an ongoing basis, for instance from month to month or annually;
  • National Privacy Principles means those National Privacy Principles incorporated into the Privacy Act by the Privacy (Private Sector Amendments) Act 2000 (Cth); amd
  • Privacy Act means the Privacy Act 1988 (Cth) as amended from time to time;
  • Tax Invoice means a valid invoice under GST Legislation;

Subscription

Once you have provided the relevant information for, and made payment for the purchase of Services, subject to any further checks, inquiries or other administrative procedures we may deem to be necessary, and otherwise at our absolute discretion, your service will be activated, with information made available to you. If you do not pay your renewal fee when it falls due, your service may suspended until any payments in arrears are paid in full and you are otherwise compliant with your obligations under these Terms of Use. We reserve all our rights to terminate your service at any time after your renewal fee falls due and remains unpaid. We do not refund or reimburse any portion of a fee paid in advance if you decide to terminate your Subscription. Subscriptions will be extended automatically from month to month unless cancelled prior. These Terms of Service may otherwise be terminated by agreement at any time in writing by you or us by providing 30 days written notice to the other before termination (Notice Period). During the Notice Period, unless otherwise agreed by you and us, each of your and our obligations, rights and responsibilities under these Terms of Use will continue to remain in full force until the end of the Notice Period (Termination Date). Notwithstanding the above, we otherwise reserve our right to terminate or refuse to offer our Services to anyone at any time at our sole and absolute discretion in addition to any other remedy that may be available to us under contract or at law. You agree not to make a claim against us for any loss or damage arising out of the suspension or termination of a Subscription in accordance with these Terms of Use.

Your Liability and our Rights

You will be solely responsible and liable for the usage of Subscriptions provided by Sitefoundry. For the avoidance of doubt, you acknowledge and agree that you must ensure that you comply with all relevant Australian laws when using these Services. To the greatest extent permitted by Law, you agree to indemnify and keep us indemnified from any actions, Claims, demands, liabilities, losses, damages, costs (including legal costs on a solicitor-own client basis) and expenses of whatever nature (either actual or contingent) which may be suffered, incurred, sustained, arising out of, or in respect of, or related to the usage of our Services.

You acknowledge and agree that your Service may be suspended from publication if in our opinion, you are in breach of any of these Terms of Service. To the greatest extent permitted by Law, we exclude all liability, including that arising by virtue of any implied conditions or warranties, in relation to our Website and our Services including usage of our Services. Our liability is limited to providing you with our Services again in accordance with these Terms of Service. This provision survives the termination of these Terms of Service.

No Warranties

The Website and our Services are provided on an “As-Is, As-Available” basis. We do not warrant that the use or access to the Website or our Services will be uninterrupted or that the Website will be error-free or that defects or mistakes will be immediately corrected. To the greatest extent permitted by law, we do not make any express or implied warranties, representations or endorsements whatsoever (including, without limitation, the implied warranties of merchantability or fitness for a particular purpose) with regard to the Website or our Services, or will be liable for any cost or damage arising either directly or indirectly from your use or access to the Website or our Services. To the greatest extent permitted by Law, in no event will we, our members, managers, officers, employees, agents, or its assigns be liable for any incidental, consequential or indirect damages (including, but not limited to, damages for loss of life, personal injury, loss of profits, loss of reputation, business interruption, loss of information, and the like) arising out of the use or access, to the Website or Services, or inability to use, access the Website or Services, or any information provided on or downloaded from the Website or any claim attributable to errors, omissions or other inaccuracies on the Website. This provision survives the termination of these Terms of Service.

Privacy

Please note that the information you provide in this form is “personal information” pursuant to the Privacy Act and the National Privacy Principles and will be treated in accordance with our Privacy Policy. It is assumed that by registering an account, you are willing to receive emails from us and other promotional material in accordance with these Terms of Use. We will not share your personal information with anyone else unless we receive permission from you.

Goods and Services Tax

Sitefoundry is not current registered for the Goods and Services Tax. As such, no GST will apply to any subscriptions, products or services rendered. This is noted on all Tax Invoices issued by Sitefoundry. The status of this GST registration is subject to change.

Legal Relationship

You and we agree that our relationship is that of customer and service provider with respect to the provision of our Services. These Terms of Service does not authorise or create any obligation on behalf of the other party except as expressly permitted under these Terms of Use.

Force Majeure

Where Force Majeure prevents or delays you or us from performing any obligation under these Terms of Use, that obligation is suspended as long as the Force Mejeure subsists. If any Force Majeure continues for a period of three months or more, you or us may (without effecting the accrued rights and obligations of you or us as at the Termination Date) terminate these Terms of Use immediately by written notice to the other.

Co-operation

You agree that you must give us prompt written notice of any material information which you are aware, or become aware of, in relation to your Profile Information or Your Content or any other information that may otherwise effect your or our obligations under these Terms of Use.

Dispute Resolution

You and we agree that if any dispute arises between the parties in relation to the construction of these Terms of Use or any matter or thing of any nature arising under or in connection with these Terms of Use, such dispute must be resolved by first, providing the other party a written notice setting out the dispute. On receipt of such written notice, the parties must use their best endeavours to resolve the dispute, including meeting with each other to discuss a possible resolution. If the dispute is unresolved after 7 days of such notice or such other time as agreed between you and us, we both agree to refer the dispute for mediation to a single mediator as agreed between us or if no agreement is reached within 7 days, a single mediator appointed by the then President of the Law Institute of Victoria (“LIV”). The parties must use their best endeavours to resolve the dispute at mediation, including attending, in person or by representative, every session of mediation; and we both agree that we shall not commence court proceedings in respect of a dispute unless it has complied with this provision and until the procedures in this provision have been complied with in full, except where the party seeks injunctive relief in relation to a dispute from an appropriate court where failure to obtain such relief would cause irreparable damage to the party concerned or following those procedures would mean that a limitation period for a cause of action relevant to the issues in dispute will expire.

General Terms

Each party must pay its own costs and expenses in respect of negotiation, preparation, execution and delivery of these Terms of Use. Any action to be taken by you or us in performing our obligations under these Terms of Use must be taken at its own cost and expense unless otherwise expressly provided in these Terms of Use. We both agree to execute any further agreements or documents and do such acts and things as may be reasonably required to record the terms upon which our Services are provided. If any provision of these provisions is prohibited, invalid or unenforceable in any jurisdiction, that provision may be severed to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms of Use. If we do not act in relation to a particular breach of these Terms of Use, this shall not be treated as a waiver of our rights to act with respect to subsequent or similar breaches. If we do not exercise or enforce any right or provision under these Terms of use, it will not constitute a waiver or such right or provision. Any waiver of any right or provision will only be effective it is made in writing by us. These Terms of Service constitutes a contract made under and shall be governed by and construed in accordance with the laws of Australia and the State of Victoria. Additionally, these Terms of Use together with our Privacy Policy constitute the entire agreement between you and us in relation to our Services and superseding any prior agreements.

Effective Date

These Terms of Use were last updated on 25 April 2022.

Menu