Terms of Service

1. About us and these Terms

The Services are provided by Situs, ABN 35 880 946 478, a business based in Australia. These Terms, together with our Privacy Policy and any order, plan, schedule, or policy we publish or that you accept, constitute the entire agreement between you and us and supersede all prior agreements, representations, and understandings.

We may update these Terms at any time. The current version is always available at this page. Changes take effect when published. Your continued use of the Services after a change constitutes acceptance of the updated Terms. It is your responsibility to review these Terms periodically.

2. Definitions

• "Account" means the account you register to access the Services.
• "Customer Content" means any content, data, text, images, video, code, files, domains, branding, or other materials you upload, submit, request, or make available through the Services, or which we produce on your behalf.
• "Site" means a website built, delivered, hosted, edited, or otherwise made available to you through the Services.
• "Fees" means all charges payable for the Services, as described in clause 5.
• "Third-Party Services" means any product, service, network, software, hosting, payment, authentication, AI, domain, or infrastructure provider not owned or controlled by us.

3. Eligibility and accounts

You must be at least 18 years of age and have the legal capacity to enter into a binding contract. If you use the Services on behalf of a business or other entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.

You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your Account. You must provide accurate, current, and complete information and keep it up to date. We are not liable for any loss arising from unauthorised use of your Account, and you agree to notify us immediately of any suspected breach. We may refuse, suspend, or terminate any Account at our sole discretion.

4. The Services

We provide a platform through which you may order, receive, host, publish, and edit websites, including a visual editor, an AI-assisted editing assistant, asset management, subdomain and custom-domain connection, hosting, and related features. Features may be added, changed, restricted, suspended, or removed at any time without notice or liability.

The Services are provided on an "as is" and "as available" basis. We do not warrant that the Services, any Site, or any result will be uninterrupted, error-free, secure, accurate, fit for any particular purpose, free of harmful components, or that defects will be corrected. You use the Services at your own risk.

5. Orders, pricing, and Fees

Fees are displayed at the time of ordering and may include: a one-time website build fee (currently A$100 per website), a recurring monthly hosting and maintenance fee (currently A$10 per website per month), and any optional add-ons you select, billed monthly. All Fees are stated in Australian dollars unless otherwise indicated and, where applicable, are inclusive or exclusive of GST as shown at checkout. You are responsible for all taxes, duties, and levies other than taxes on our net income.

Recurring Fees renew automatically each billing period until cancelled. We may change Fees, introduce new charges, or alter the structure of any plan at any time; changes to recurring Fees apply from your next billing period. By continuing to use the Services you accept the revised Fees. You authorise us and our payment processors to charge your nominated payment method for all Fees as they fall due.

You must keep a valid payment method on file. If a payment fails, we may suspend or terminate the Services, unpublish or delete any Site, retry the charge, and recover any outstanding amounts together with reasonable recovery and administrative costs.

6. Cancellations and refunds

You may cancel recurring add-ons or hosting at any time; cancellation takes effect at the end of the current billing period and stops future renewals. Cancellation may result in your Site being unpublished or deleted.

To the maximum extent permitted by law, all Fees are non-refundable and are not refunded in whole or in part for any unused period, change of mind, dissatisfaction, downtime, suspension, or termination. One-time build fees are non-refundable once work has commenced. Nothing in this clause limits any non-excludable right you may have under the Australian Consumer Law (see clause 16).

7. Customer Content and licence

You retain ownership of your Customer Content. You grant us a worldwide, royalty-free, non-exclusive, sublicensable licence to host, store, reproduce, modify, adapt, process, transmit, publish, display, and otherwise use Customer Content as reasonably necessary to provide, maintain, secure, improve, and promote the Services and to comply with law.

You represent and warrant that you own or have all rights, licences, and consents necessary to your Customer Content; that it does not infringe any third-party rights; that it is accurate and lawful; and that it does not contain anything illegal, defamatory, obscene, harmful, or misleading. You are solely responsible for your Customer Content and for maintaining your own backups. We are not obliged to store, retain, monitor, or back up any Customer Content and may remove it at any time.

8. Acceptable use

You must not, and must not permit any person to:

• use the Services for any unlawful, fraudulent, harmful, infringing, deceptive, or abusive purpose;
• upload or distribute malware, illegal content, or content that infringes intellectual property, privacy, or other rights;
• interfere with, disrupt, probe, overload, or circumvent the Services, our infrastructure, or any security measure;
• resell, sublicense, scrape, reverse-engineer, or copy the Services except as expressly permitted;
• impersonate any person or misrepresent your affiliation;
• use the Services to send spam or unsolicited communications; or
• do anything that may damage our reputation or expose us to liability.

We may investigate, remove content, throttle, suspend, or terminate access for any suspected breach, without notice and without liability.

9. Domains, subdomains, and hosting

We may provide a subdomain (for example, yourname.situs.studio) and/or assist in connecting a custom domain you own. We do not guarantee the availability, performance, security, propagation, certificate issuance, or continued operation of any domain, subdomain, DNS, or hosting, all of which depend on Third-Party Services and factors outside our control. You are responsible for owning and lawfully controlling any custom domain you connect. We may reclaim, change, suspend, or remove any subdomain at any time, including for conduct we consider inappropriate, reserved, infringing, or in breach of these Terms.

10. Third-Party Services

The Services rely on and integrate with Third-Party Services including, without limitation, authentication, database, hosting, content-delivery, domain, payment, analytics, and artificial- intelligence providers. Your use of Third-Party Services may be subject to their own terms. We are not responsible or liable for any act, omission, outage, data loss, breach, change, suspension, discontinuation, or failure of any Third-Party Service, and any such event does not entitle you to any refund, credit, or compensation from us.

11. AI-assisted features

The Services may include AI-assisted editing and content features. AI-generated output may be inaccurate, incomplete, outdated, biased, or otherwise unsuitable, and is provided for convenience only without any warranty. You are solely responsible for reviewing, verifying, and approving any AI-generated output before relying on or publishing it. We are not liable for any consequence arising from AI output or your use of it. Content you submit to AI features may be processed by third-party AI providers (see our Privacy Policy).

12. Intellectual property

We and our licensors own all intellectual property rights in the Services, including the platform, software, templates, designs, code, trademarks, and documentation, excluding your Customer Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable licence to use the Services for your internal business purposes. We may use your name, logo, and a screenshot of your Site as a reference or in marketing unless you opt out by written notice.

13. Availability, maintenance, and changes

We do not guarantee any level of availability, uptime, response time, or performance, and provide no service-level agreement unless expressly agreed in writing. We may perform maintenance, modify, suspend, or discontinue all or part of the Services at any time, with or without notice, without liability.

14. Disclaimer of warranties

To the maximum extent permitted by law, we exclude all conditions, warranties, guarantees, representations, and terms whether express, implied, statutory, or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy, or non-infringement. We do not warrant that the Services or any Site will meet your requirements, generate any result, revenue, or outcome, or be available, secure, or error-free. This clause is subject to clause 16.

15. Limitation of liability

To the maximum extent permitted by law, and subject to clause 16:

• we (and our officers, employees, contractors, and suppliers) will not be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary loss or damage, or for any loss of profit, revenue, business, goodwill, data, content, opportunity, or anticipated savings, however arising, whether in contract, tort (including negligence), statute, or otherwise, even if advised of the possibility;
• our total aggregate liability to you for all claims arising out of or in connection with the Services or these Terms is limited, at our option, to either (a) the supply of the relevant Services again, or (b) the total Fees actually paid by you to us for the Services in the three (3) months immediately preceding the event giving rise to the claim, or A$100, whichever is the lesser; and
• we are not liable for any loss or damage caused by Third-Party Services, domain or DNS issues, downtime, data loss, your Customer Content, your acts or omissions, your visitors, AI output, or events beyond our reasonable control.

You agree that these limitations are reasonable, that you bear the risk of using the Services, and that the Fees reflect this allocation of risk.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted, or modified (a "Non-Excludable Right"). To the extent our Services come with a Non-Excludable Right, and where we are permitted to do so, our liability for failure to comply with that Non-Excludable Right is limited, at our option, to: (a) in the case of services, resupplying the services or paying the cost of resupply; and (b) in the case of goods, replacing or repairing the goods, or paying the cost of doing so. Except for Non-Excludable Rights, all other clauses of these Terms (including clauses 14 and 15) apply in full.

17. Indemnity

To the maximum extent permitted by law, you indemnify and hold us (and our officers, employees, contractors, and suppliers) harmless from and against all claims, demands, actions, liabilities, losses, damages, costs, and expenses (including legal costs on a full indemnity basis) arising out of or in connection with: (a) your use of the Services; (b) your Customer Content; (c) your breach of these Terms or any law; (d) any third-party claim relating to your Site, domain, or content; and (e) your negligence or wilful misconduct.

18. Suspension and termination

We may suspend or terminate your access to the Services, unpublish or delete any Site or Customer Content, and terminate these Terms, immediately and without liability, if you breach these Terms, fail to pay, create risk or legal exposure for us, or for any other reason at our discretion. You may stop using the Services and cancel at any time. On termination, your right to use the Services ceases, outstanding Fees become immediately payable, and we may delete your data. Clauses that by their nature should survive termination will survive.

19. Force majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, outages, network or infrastructure failures, Third-Party Service failures, cyber-attacks, changes in law, strikes, or pandemics.

20. General

We may assign or transfer these Terms; you may not without our written consent. If any provision is held invalid or unenforceable, it is severed and the remainder continues in force. Our failure to enforce any right is not a waiver. Notices to you may be given via the Services or your registered email. These Terms are governed by the laws of the State or Territory in Australia in which we are ordinarily resident, and you submit to the non-exclusive jurisdiction of the courts of that place and of Australia.

21. Contact

Questions about these Terms can be sent to situs.webdesign@gmail.com.