1.  Introduction

 

1.       These Website Standard Terms And Conditions (these “Terms” or these “Website Standard Terms And Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website. These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website or the Platform, if you have any objection to any of these Website Standard Terms And Conditions.

2.       This Website is not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website if you are a minor.

3.       By signing up to a package or using this website you agree to these terms and conditions as a binding contract between you and SITEPODD HOSTING.

 

2. Definitions

 

The following definitions shall apply to the Website Standard Terms And Conditions set out below which govern the use of this Website.

Sitepodd/Us/We/Our

·         Refers to the business SITEPODD HOSTING and its owners

User/Client/you/your

·         The person/persons using the website or subscribed to a package

·         Any person/persons accessing the website or platform on behalf of the subscribed user

Package

·         Refers to package or plan that the User has purchased and/or is subscribed to from Sitepodd; This includes the “Basic”, “Premium”, “Premium +  CRM”, and “We Build” packages.

Service

·         Any work done by Sitepodd including but not limited to what is offered in the package

Platform

·         The program offered by Sitepodd for users to build and edit their website

Website

·         The current website in which these terms and conditions are located https://www.sitepodd.com.au – This includes all pages, features, and content (included externally embedded content).

·         Terms and Conditions for the “Website” also extend to the “Platform”

Subscription Period

·         The full length of time in which the User has paid to access The Platform

Your Content

·         Shall mean any audio, video, text, images or other material the User choose to upload or display on this Website or the Platform

Templates

·         Any template created by a third party

Addons

·         Features and functions added to the Platform created by 3rd parties


 

3. Security

 

1.       Security is one of our top priorities. Sitepodd has taken great measures to make sure that the security of your website and its data will not be compromised. Sitepodd will always give its best faith effort to ensure the security of the Website, Platform, and Users website will at all times be secure and safe to use.

2.       Sitepodd has the right to take whatever measures they feel necessary to provide security of the Website, Platform, Users website, and all other tasks related to the business of Sitepodd. This may include relying on 3rd parties for the provision and enhancement of security. The User understands and will not hold Sitepodd liable if a 3rd party that Sitepodd depends on for security, fails to prevent any malicious web attacks, viruses, or hacks.

3.       The User understands the risks of hosting a website online and will not hold Sitepodd liable for any damages or loss in the event of a breach of security; including but not limited to the event of a malicious web attack, virus, or hack, or any other form of security breach, including physical security breaches.

4.       The User takes full responsibility for the security of their username and password to access both the Website and the Platform, as well as all private information relating to their purchase of a Package.


 

4. Backups

 

1.       The Platform allows Users to be able to make their own saved version of their website. The User agrees to take full responsibility for these saved versions and not hold Sitepodd liable for any loss of data due to the reliance on these saved versions.

2.       Once the User believes they are finished building their website with the Platform, Sitepodd will make a backup of their website which will be considered the “original backup”. The User can ask for this backup to be restored if they feel they need it for any reason. The User agrees to pay an administration fee for this restoration to be done.

3.       Sitepodd holds the right to rely on a 3rd party to restore any additional backups that may be needed after the original backup. The User agrees to pay an administration fee for this restoration to be done.

4.       If any major bugs, faults, errors, or crashes occur, the original backup will be used to restore the User’s website. The User agrees not to hold Sitepodd liable for any loss or damages of additional data added since the original backup was created. If Sitepodd determines that the restoration was needed due to their own fault, this will come at no charge to the User.


 

5. Payment

 

1.       All payments to Sitepodd are done through a 3rd party and therefore the User is not expected to place any financial information on this Website or by any communication to Sitepodd.

2.       Sitepodd holds no responsibility for the security of payments made through the 3rd party, PayPal payment system.

3.       You will have a “grace period” of 2 days to make payment for any renewal of your Package. After that, Sitepodd has the right to take your website offline and prohibit you from accessing the Website, Platform, and other Services. Immediate payment can be made and the Package Services will be restored within 2 business days of the payment clearing.

 

4.       The User understand and agrees to pay an administrative late fee for failing to pay on time or before the end of the “grace period”.


 

6. Services

 

1.       The obligations and responsibilities of Sitepodd for each specific Package that has been purchased by the User will be made available on this Website.

a.      The User agrees that Sitepodd holds the right to interpret our obligations and responsibilities of Services at our own discretion.

b.      The User agrees to adhere to our interpretation of our responsibilities and obligations.

c.       All responsibilities and obligations are superseded by these Website Standard Terms And Conditions

2.       Some Packages contain an amount of support time to which the User is entitled. If the User didn’t purchase a Package with any support time or after the User has used all their support time, the User can purchase more support time by upgrading their plan and purchasing a new Package, or by purchasing individual support time. Details of this support and its cost will be provided to the User.

3.       The conditions for a “We Build” Package:

a.      Sitepodd will submit to the User the list of required content for Us to add to the website. This may include but is not limited to: Images, copy, logo, and various other forms of media.

b.      The User is required to submit the content within 2 weeks of Sitepodd’s request.

c.       Sitepodd will then add the content within 2 weeks of the content being submitted from the User.

d.      After this time, Sitepodd will ask if any additional content would like to be added. This is the User’s last chance to submit content for Sitepodd to add.

e.      Sitepodd then has an additional week to add this extra content. After this time, the website is considered completed and any extra changes will be the responsibility of the User.

f.        Sitepodd holds the right to extend these periods of time to build the website for any reason.

4.       The “We Build” Package does not include customisation of the User’s website and is limited in the changes Sitepodd is responsible for making as follows:

a.      Sitepodd will make changes to: content (including: images, photos, logos, copy, & other media), social links, page names, and menu order.

b.      Sitepodd will not make changes to: anything not mentioned above, including but not limited to: additional addons, layout of website, placement of blocks, additional pages & colour customisations. These things are the responsibility of the User to change.

5.       The User agrees that they are responsible for adding and maintaining their own terms and conditions, and privacy policy to their website.


 

7. Free Trial

 

1.       The User may sign up for one Free Trial which will last for one month. The User understands that access to this trial can be revoked at any time and for any reason by Sitepodd. Once the month has passed the User will no longer have access to the website they have built or any content they have uploaded.

 

2.       The Trial will consist of an installation of the template they chose in the sign-up form. The User agrees that any content they upload or use it for will not go against any of these Terms.

 

3.       The installation will not be on the User’s domain it will remain as a subdomain of Sitepodd or any other form We choose to give it to the User for the Free Trial.

 

4.       The User’s website will be hosted on servers hosted in the USA and will only be given 200MB of storage.

 

5.       The User understands that support will be limited and not the same service as provided form a paid Sitepodd Package.

 

6.       If the User signs up for a Package during or at the end of their Free Trial, their website will be transferred to their purchased Package.

8. Ownership of Website, Platform, Templates, and Addons

 

1.       The Website, Platform, and all modifications to Templates, Addons, media, and content shall remain under the ownership of Sitepodd at all times.

 

2.       Sitepodd does not claim to own the core of the Platform or any of its Templates or Addons that have been built by a third party. However, Sitepodd does hold it’s right to ownership over all modifications of the Website, Platform, Templates, and Addons.

3.       The User understands that by purchasing a Package they are paying for the installation, training, hosting, and support of their website and the Platform and not for any ownership or transfer of license of these products and services. During their Subscription Period, they will gain access to the Website, Platform, and Services as detailed in their Package. Once the Subscription Period has ended the User understands that their access to these services will be prohibited until they purchase a renewal or a new Package.

 

4.       The User agrees to take full responsibility for the addition and removal of all content they own from their website. The User understand that they are responsible to make any copies of content they own during their Subscription Period, as access to this content will be lost after this time. At all times including after the Subscription Period, Sitepodd keeps its right to use the User’s content as outlined in section 8.1 of these Website Standard Terms And Conditions.

 

5.       The User understands that Sitepodd does not offer any migration of website services and that we will not transfer the Platform or any of Your Content, at any time.


 

9. Ownership of content

 

1.       With respect to Your Content, by uploading or displaying it, you grant Sitepodd a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

2.       Your Content must be your own and must not be infringing on any 3rd party’s rights. Sitepodd reserves the right to remove any of Your Content from the Website or the Platform at any time, and for any reason, without notice.

3.       Users must indemnify us and hold us harmless from any legal actions or claims related to the content you published on the Website or the Platform.


 


 

11. Copyright

 

1.       Other than content already accredited or content you own, which you may have opted to include on this Website, under these Terms, Sitepodd own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.

2.       You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.

 


 

12. Termination by client

1.       The User agrees that if they end their term with Sitepodd before their Subscription Period has ended and no longer want access to the Services, Website, or Platform, they will not be reimbursed for any unclaimed or unused access to these Services, Website, or Platform.

13. Design Credit

 

1.       We reserve the right to place a phrase containing “Sitepodd” and a link back to sitepodd.com.au at the bottom of the Client’s website. The User agrees not to remove the phrase and link, and must remain on the website for the entire Subscription Period


 

14. Termination by company

 

1.       We may terminate or suspend access to our Webiste, Service, and Platform immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

2.       All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


 

15. Indemnity

 

1.       You hereby indemnify to the fullest extent Sitepodd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

16. 3rd Party services, programs, and content

 

1.       The core of the Platform is created from the open source program Concrete 5 with modifications made by Sitepodd. Sitepodd retains all rights and ownership of their modified version of this platform, known in these terms and conditions as the “Platform”.

2.       The following license applies only to the core of the Platform which is in its whole, known as Concrete 5;

a.       Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

3.       The Service Sitepodd provides is a mix of their own original creation as well as content and services originally provided by 3rd parties. The User agrees that Sitepodd shall not be held liable for any failure to provide Service that has been prevented, either intentionally or unintentionally, by any 3rd party services, programs, or content.

a.       This includes but is not limited to;

                                                                           i.      The hosting, security, and uptime of the User’s website

                                                                         ii.      The functionality of the Platform or this Website

                                                                       iii.      Technical errors with the Platform that need to be fixed by concrete 5 or the creators of Addons and Templates within its marketplace.

b.       Sitepodd will always give their best faith effort to resolve any issues caused by or that can be fixed by any 3rd party services, programs, or content.

4.       Our Service, Website, and Platform may contain links to third-party websites or services that are not owned or controlled by Sitepodd. Sitepodd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Sitepodd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.


 

17. Client content/acceptable use

 

1.       You are expressly and emphatically restricted from all of the following:

a.       publishing any Website material in any media;

b.       selling, sublicensing and/or otherwise commercializing any Website material;

c.       publicly performing and/or showing any Website material;

d.       using this Website in any way that is, or may be, damaging to this Website;

e.       using this Website in any way that impacts user access to this Website;

f.        using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

g.       engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;

h.       using this Website to engage in any advertising or marketing;

 

2.       Certain areas of this Website are restricted from being accessed by you and Sitepodd may further restrict your access to any areas of this Website, at any time, in its sole and absolute discretion.  Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.


 

18. General

 

1.       These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Sitepodd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

2.       This Website and The Platform is provided “as is,” with all faults, and Sitepodd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

3.       In no event shall Sitepodd nor any of its owners, officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website or Platform, whether such liability is under contract, tort or otherwise, and Sitepodd, including its owners, officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website or the Platform.

4.       If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

5.       Sitepodd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

6.       Sitepodd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

7.       We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

19. Governing Law

 

1.       These Terms will be governed by and construed in accordance with the laws of the State of Queensland, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Queensland for the resolution of any disputes.

  

last updated: 7-11-2017