PrimeSites General Terms and Conditions of Service

 

Please ensure to review the PrimeSites Terms and Conditions, as PrimeSites recommends that the customer does not agree to use our services until the customer has assessed them and are in agreement with its contents. If the customer is engaged in, or has been engaged in, an agreement with PrimeSites for service provision, it is assumed that the customer has accepted the terms set forth in these Terms and Conditions. When we say “We”, “PrimeSites”, “Prime Sites”, “PrimeSites.com.au”, “primesites.com.au”, “PrimeSites.co”, “primesites.co”, “us”, “our” or “our service” we are referring to PrimeSites and its services. References to “customer”, “client”, “subscriber”, “member”, “you”, “your” and the like, refer to you (the customer) and your agents.

These Terms and Conditions can change at any time. It is important that customers checks back regularly for updates to the Terms and Conditions. The customers’ continued engagement with PrimeSites implies the customers’ acceptance of any subsequent updates or additions to these Terms and Conditions.

PrimeSites’s Liability is limited to the amount paid by the customer to PrimeSites for services rendered.

 

Website Subscription

The central concept of service provision to customers by PrimeSites is one where a basic single-page micro-website is leased to the customer. Typically the establishment (including, but not limited to, registration of domain name, procurement of a hosting account (see Hosting), collection and incorporation of content, images, etc. and the development and delivery/publication) of the website is done free of charge to the customer, on the premise that the customer does not take ownership of the website, but simply leases it from PrimeSites. The customer pays a Recurring Subscription Fee to PrimeSites, while the ownership of the website remains with PrimeSites. The domain name(s) associated with the website, while registered by PrimeSites, remains the property of the customer and the customer reserves the right to migrate the domain name away from PrimeSites to a different registrar (see Termination of Subscription Agreement) if required.

In this way, PrimeSites provides a mechanism for small businesses to establish an online presence at a fraction of the cost that would normally be associated with launching a website (see Site Launch).

The customer has the option to request additional services outside the scope of a standard Subscription Agreement, which will increase the Recurring Subscription Fee above the base rate.

 

Subscription Agreement

Prior to the development of the website, the customer and PrimeSites will settle on the terms of a Subscription Agreement. Since PrimeSites takes responsibility for all the up-front costs of developing and establishing the website, the customer’s agreement to the Minimum Required Subscription Period is a prerequisite for the commencement of development. The Subscription Agreement outlines the Subscription Period, Recurring Subscription Fee and the percentage saving applied based on the Subscription Period and the length of the up-front Recurring Subscription Fee.

 

Subscription Period

The Subscription Period will be anywhere from one month to a year, depending on the Subscription Period options presented to customers by PrimeSites at the time. The length of the Subscription Period is determined by the Recurring Subscription Fee paid up-front.

 

Recurring Subscription Fee

The Recurring Subscription Fee is due in advance and may be paid monthly, quarterly (3-monthly), biannually (6-monthly) or annually (yearly). Recurring Subscription Fees paid monthly do not have a discount applied; where Recurring Subscription Fees paid quarterly, biannually, annually or biennially have discounts applied. The percentage discount increases as the Recurring Subscription Fee payment period increases.

Refer to the specific terms of the Subscription Agreement between the customer and PrimeSites for details of the agreed Subscription Period and Recurring Subscription Fee.

 

Cooling-Off Period

The customer is afforded a Cooling-Off Period of one month after the initial Subscription Agreement is entered into. During this period the customer may choose to terminate the Subscription Agreement with PrimeSites with full and immediate effect, and receive a full refund on the up-front Subscription Fees that have already been paid to PrimeSites, regardless of the Subscription Period. The customer agrees to allow at least two weeks for refunds to be processed (see Termination of Subscription Agreement).

The Cooling-Off Period only applies to any new Subscription Agreement, but not a Subscription Agreement Renewal.

 

Minimum Required Subscription Period

The Minimum Required Subscription Period for any Subscription Agreement is equal to the number of months or years that a customer has paid for up-front via a Recurring Subscription Fee when establishing or renewing a Subscription Agreement. A Cooling-Off Period applies for one month after the initial Subscription Agreement is entered into between the customer and PrimeSites (see Cooling-Off Period), but does not apply for a Subscription Agreement Renewal.

If a customer decides to terminate their Subscription Agreement at a date which is earlier than the end date of the Subscription Period, then the customer will not be entitled to a refund of any up-front Recurring Subscription Fee payments that may have been made, regardless of the Subscription Period, unless within the initial Cooling-Off Period (see Termination of Subscription Agreement).

 

Subscription Agreement Renewal

At the point of expiration of a Subscription Agreement, the Subscription Agreement will automatically roll-over into a renewal of the original Subscription Agreement. The Subscription Period of the Subscription Agreement Renewal will default to be the same as that of the expired Subscription Agreement. The Recurring Subscription Fee will default to be the same as that of the expired Subscription Agreement, unless PrimeSites require the application of any Recurring Subscription Fee Adjustments. In this case, the customer will be notified of any Recurring Subscription Fee Adjustments prior to the Subscription Agreement Renewal taking effect.

 

Termination of Subscription Agreement

The following terms will apply if the Subscription Agreement is terminated either after or before the Minimum Required Subscription Period.

By mutual agreement of the customer and PrimeSites, the domain name associated with the customer’s website may be transferred to the customer if the customer wishes to obtain the registration rights to the domain name. The transfer of a domain name associated with the customer’s website to a customer after the termination of a Subscription Agreement will not attract a service fee payable to PrimeSites. The domain transfer may take place at any point after termination of the Subscription Agreement, provided PrimeSites has not relinquished the rights to the domain name.

By mutual agreement of the customer and PrimeSites, the customer’s website (design, implementation, contents, graphics, images, etc.) may be transferred to the customer if the customer wishes to obtain ownership rights of the website. The transfer of a website to a location of the customer’s choosing, after the termination of a Subscription Agreement, may attract a service fee payable to PrimeSites, which will be determined by PrimeSites at the point when the transfer is requested. The website transfer may take place at any point after termination of the Subscription Agreement (see Cancellation of Account).

 

Recurring Subscription Fee Adjustments

On occasion it might be necessary for PrimeSites to apply adjustments to the Recurring Subscription Fee. The reason for adjustments is related to ongoing and increasing expenses of service delivery to customers by PrimeSites. Service delivery expenses include, but are not limited to, domain name registration and renewal charges, content hosting charges (see Hosting), development and maintenance costs, licensing and insurance costs and 3rd party service charges.

PrimeSites is focused on service delivery as a priority. Recurring Subscription Fee Adjustments will always be in-line with service levels and will not detract from the value proposition offered by PrimeSites to its customers (see Service Level Agreement).

 

Design Selection

The customer and PrimeSites will discuss and agree on a design to use as the basis for the website development.

 

Ownership of Domain Name, Website Design and Content

The customer authorises PrimeSites to register a domain name associated with the customer’s Australian Business Number (ABN) on their behalf and to hold the rights to that domain name for the duration of the Subscription Agreement.

The domain name remains the property of customer, during the lifetime of the Subscription Agreement. See Termination of Subscription Agreement for more detail regarding domain names.

Any content (text) and graphics (images) provided by the customer that have been placed on the website, remain the property of the customer.

The design of the website, the code supporting the hosting and display of the site and any part of the website not expressly provided by or implemented by the Customer remains the Intellectual Property of PrimeSites, during the lifetime of the Subscription Agreement and thereafter.

 

Payment Options

Payment of the Recurring Subscription Fee can be made by recurring Credit or Debit Card payments. As part of a Subscription Agreement between the customer and PrimeSites, the customer is required to enter into recurring Credit or Debit Card payment scheme, which will require Credit or Debit card details to be provided and the amount and frequency of Recurring Subscription Fee Payments to be specified, based on the Subscription Period and Subscription Agreement Renewal (see Minimum Required Subscription Period).

PrimeSites does not collect or store Credit & Debit Card information of any kind. Payments and Credit & Debit Card information is handled through a third party merchant service provider, who fully complies with the Payment Card Industry Data Security Standards (PCI DSS).

 

Refund Policy

See Cooling-Off Period, Minimum Required Subscription Period and Termination of Subscription Agreement for details.

 

Payment Commencement

PrimeSites will commence charging the customer a Recurring Subscription Fee as soon as the Subscription Agreement is entered into. Although the customer’s website may not be live at that stage, the customer’s account is an expense to PrimeSites for things such as support (see Support and Update Requests), domain name registration, hosting (see Hosting), etc.

 

Subscription Fee Billing Procedure

The customer’s billing frequency will be determined by the Subscription Period. Based on the billing cycle of the Subscription Period, PrimeSites will bill on the first day for that Subscription Period cycle’s Recurring Subscription Fee, a short time after which the automatic payment will be actioned.

The customer’s Recurring Subscription Fee amount is as per its Subscription Agreement or Subscription Agreement Renewal, until such time as the customer is notified of any Recurring Subscription Fee Adjustments. PrimeSites will give prior notice of any Recurring Subscription Fee Adjustments via email to the customer.

Payment is only accepted by recurring credit card payment or direct deposits. PrimeSites do not accept cheques or cash.

 

Non-payment of Recurring Subscription Fees

If for any reason a Recurring Subscription Fee payment becomes overdue by more than thirty days, PrimeSites will put the customer’s account on hold until all outstanding fees are collected. This will include any email services PrimeSites may be providing. In this case, PrimeSites will charge a Reinstatement Fee, no less than one month’s Recurring Subscription Fees, in additional to all outstanding fees.

The customer’s account will remain on hold until all outstanding Recurring Subscription Fees and Reinstatement Fees (as applicable) have been paid, or until the Termination of Subscription Agreement has been mutually agreed upon my PrimeSites and the customer.

 

Cancellation of Account

If the customer is not happy with the service or wishes to put their site on hold for longer than one month, then the customer can cancel their service immediately. From the time PrimeSites receives the customer’s cancellation confirmation, the customer will no longer be billed for future Subscription Period cycles by PrimeSites. No retrospective cancellation is possible. Customers are billed based on the Subscription Period, for the Subscription Period, in advance. No refunds or partial refunds are available for unused portions of any Subscription Period. If the customer utilises more than one of the services offered by PrimeSites, the customer must state which services they want cancelled. Requests to cancel an account must be in written format, stating the date the customer wishes their service(s) to cease. Once PrimeSites receives the customer’s request it will reply with a written confirmation of cancellation.

If the customer chooses to commence website services with an alternative provider, the customer must inform PrimeSites if its services are no longer required by the customer. There is no automated way for PrimeSites to know that the customer no longer requires the services of PrimeSites.

PrimeSites will store a copy of the customer’s website for three months from the date of cancellation, after which PrimeSites will delete all files related to the customer’s website. PrimeSites will not inform the customer once the files are deleted following the three months period. If storage of website files are required beyond three months, PrimeSites my charge a nominal storage fee.

 

Website Images

If PrimeSites uses stock imagery (licensed, royalty free, stock, or otherwise) on the customer’s website then the customer does not own these images. Rather, ownership is retained by the original image rights owner. As a result, such images may not be used or re-used for any other purpose and may only be used as they were placed onto the customer’s website by PrimeSites. Editing of the dimensions or other characteristics of images in which they appear may contravene their usage rights. The customer may not copy the images and use them in other Promotional Material. If the customer is looking to own the images on their website or use them for another purpose then please contact PrimeSites who will endeavour to put the customer in contact with the image rights owner. This does not apply to images that are owned by the customer and has been provided to PrimeSites for use on the customer’s website.

 

Intellectual Property

The system supporting the customer’s website remains the property of PrimeSites at all times. The programming, coding and intellectual property that constitutes the customer’s website is owned by PrimeSites. In proceeding and paying in whole for a website project with PrimeSites , the customer owns all of the content that is placed onto the website by the customer. The content, style and design on the customer’s website may be made available to the customer if electing to no longer be served by PrimeSites, by mutual consent between the customer and PrimeSites, and may attract a fee which is at the discretion of PrimeSites.

 

Website Content

Websites from PrimeSites cannot be used to disseminate, communicate, store or transmit:

• Copyright infringing data;
• data that infringes on any intellectual property, publicity rights or privacy rights (see The Customer’s Privacy);
• data that relates to illegal business operations or schemes;
• content which is sexually-explicit in nature;
• information that contains viruses, worms or malicious elements;
• trade secret protected data;
• information that is defamatory, harassing or threatening;
• data that contains deliberately misleading, incomplete or deceptive content; or
• any content deemed inappropriate by PrimeSites (see Appropriate Use)

 

Links

As part of the customer’s website build and ongoing hosting (see Hosting), PrimeSites has the right to include back-links from the customer’s website to PrimeSites. This is an important marketing avenue for PrimeSites and is factored into the website cost to the customer. If the customer does not want back-links on their website, PrimeSites may be able to negotiate a fee for the removal of the links.

 

Promotional Material

PrimeSites reserves the right to use customers’ websites, web designs, prototypes, wireframes, layouts and collateral in advertising and marketing initiatives promoting PrimeSites. This may include portfolio examples on the PrimeSites website, case studies and other promotional initiatives.

 

Support and Update Requests

• Support and update requests are included in the customer’s standard Subscription Agreement.
• These requests are governed by PrimeSites Fair Use Policy (see Fair Use Policy).
• The customer must allow for between three to five business days for PrimeSites to respond to update requests, after which completion may take a minimum of five business days.
• The customer must allow for twenty-four hours for PrimeSites to respond to support requests, after which remediation will take a minimum of twenty-four hours.
• Depending on the complexity of the work, PrimeSites may be able to provide an estimated completion time frame at the outset, if requested. Note that estimates are subject to change.
• For quicker turnaround requests, PrimeSites may charge an expedited premium.
• Support may be contacted at [email protected].

 

Site Launch

PrimeSites makes every effort to launch a customer’s site onto the selected domain name on the date requested by the customer when approving the customer’s website; however PrimeSites does not offer any guarantee that such deadlines will be achieved. If PrimeSites is not able to launch on the day requested, PrimeSites will inform the customer prior to the date and arrange an alternative launch date.

The stated expected turn-around time of any new website is entirely dependent on the availability of content, graphics, layout, structure and other components necessary for the release of the website. The responsibility is on the customer to provide these components, in order for PrimeSites to produce and release the website. Any delays in the provision of these components will result in a delay in the release of the website.

Please note that PrimeSites may not be able deliver or launch sites in the Christmas/New Year period.

 

The Customer’s Privacy

The customer’s privacy is important to PrimeSites. PrimeSites will never sell, lease or distribute customers’ contact details to any 3rd party. PrimeSites will only reveal data pertaining to the customer’s account if compelled to do so by law. For more information please read the PrimeSites Privacy Policy.

 

Fair Use Policy

PrimeSites applies a Fair Use Policy to its websites. PrimeSites includes a statement of “unlimited” support for a Subscription Agreement. Due to the relative static nature of micro websites, the support and contents update requirements are expected to be relatively low. If PrimeSites judges that a customer is abusing this “unlimited” support offering, it may start charging for requests above a certain monthly or annual threshold. See Support and Update Requests.

 

Appropriate Use

If PrimeSites believes, for any reason, that a customer’s website is being used in a manner contrary to the expectations of a PrimeSites Customer then it reserves the right to suspend or terminate the customer’s Subscription – effective immediately. (See Website Content)

 

Availability

PrimeSites makes every effort to ensure that its website, hosted sites and all of its services are online twenty-four hours a day, seven days a week. However, this may not always be possible to maintain. There are times when the PrimeSites website and associated service may be down. When some or all of our services are offline PrimeSites will do its best to rectify the problem as soon as possible. PrimeSites will not be held responsible for damages or losses directly or indirectly related to our website or hosted sites being offline. If the customer has specific hosting needs, or expect a large volume of users to visit their website in a short space of time they are obligated to contact PrimeSites well in advance (see Hosting).

 

Service Level Agreement

PrimeSites aims to provide at least 99% up-time on all of its websites, hosted sites and services. We may enlist the services of third-party hosting companies, all of whom provide industry-standard business-level service levels. PrimeSites cannot make any guarantees as to the up-time provided by third-party hosting companies.

 

Hosting

The customer’s website must be hosted on servers managed by PrimeSites for the duration of the customer Leas Agreement. PrimeSites cannot build or support a customer’s website unless it is hosted on servers managed by PrimeSites. See Support and Update Requests.

 

Liability

PrimeSites will not be held liable for any action or inaction relating to our service. We provide a quality service at highly competitive rates. PrimeSites believes that its websites are secure from the actions of hackers, viruses and other problems on the internet, but can make no guarantees. If a customer’s website is offline then please contact PrimeSites immediately and every effort will be made to alleviate the problem as soon as possible. PrimeSites will not be liable for loss of sales, leads or reputation from using our service.

 

Disclaimer of Warranties

PrimeSites does not give any warranty in respect of our services other than what is implied by law.

 

Severability

If a clause or part of a clause within these Terms & Conditions is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause within these Terms & Conditions is illegal, unenforceable or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected.

 

Dispute Resolution

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to a Subscription Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five business days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place (real or virtual). This meeting will take place within twenty days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute.

If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within forty-five days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform the Subscription Agreement.

This clause shall survive any Termination of Subscription Agreement.

 

Jurisdiction

This website is governed by the laws of the state of Western Australia, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.