Terms and Conditions

1. Introduction

Welcome to Site Seen. These Terms and Conditions ("Terms") govern your use of the Site Seen website (siteseen.co) and services provided by Site Seen ("we," "our," or "us").

By accessing our website, engaging our services, or making a purchase, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use our website or services.

2. Business Information

Site Seen is a web design agency operating in Australia. Our contact details are:

• Email: contact@siteseen.co
• Phone: 0491904617
• ABN: 29675100455

3. Services

Site Seen provides web design, development, and related services. Our services include but are not limited to:

• Custom website design and development
• Website maintenance and updates
• Website hosting
• Change requests for existing websites

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without notice.

4. Pricing and Payment

Our standard website package costs $500 upfront plus $29.99 per month for hosting and maintenance, totaling $529.99 for the initial payment.

All prices are in Australian Dollars (AUD) and include GST where applicable. We reserve the right to change our prices at any time, but changes will not affect orders that have already been confirmed.

Payment must be made in full before we begin work on your website. Monthly subscription fees will be charged automatically to your designated payment method.

We reserve the right to modify the subscription price at any time during your subscription period. In the event of a price change (whether an increase or decrease), we will provide you with at least 30 days' prior notice via email to the email address associated with your account. This notice will include the new price and the date from which it will take effect.

If you do not agree with the price change, you have the right to cancel your subscription before the new price takes effect, in accordance with our cancellation policy outlined in Section 6. Continued use of our services after the price change takes effect will constitute your acceptance of the new price.

In accordance with the Australian Consumer Law, any price changes will be implemented in a fair and transparent manner, and we will honor any specific pricing agreements made in writing for their specified duration.

5. 30-Day Money Back Guarantee

We offer a 30-day money back guarantee on our website design services. The following terms apply:

• The guarantee period begins immediately after payment confirmation of the initial $529.99 fee.
• During the 30-day period, you may request a full refund of the website design fee ($500) for any reason. The monthly hosting fee ($29.99) is non-refundable.
• After the 30-day guarantee period expires, you are no longer eligible for a refund under this guarantee.
• The money back guarantee applies only to the initial website design fee and does not cover subsequent change requests, additional services, or monthly subscription fees.
• If a refund is issued, your website will be taken offline and all associated services will be terminated.

6. Subscription and Cancellation

Our website hosting and maintenance services are provided on a subscription basis at $29.99 per month.

To cancel your subscription or request a refund within the 30-day guarantee period, please visit our dedicated cancellation page accessible via the "Cancellation" link in the website footer. The page provides a step-by-step process to submit your cancellation or refund request. Alternatively, you may contact our customer service team directly at Info@siteseen.co.

Upon receiving your refund request, we will process it within 1-2 business days. Please note that while we initiate refunds promptly, it may take an additional 5-7 business days for the funds to appear in your account, depending on your financial institution's processing times.

Subscription cancellations will take effect at the end of your current billing period. No refunds will be provided for partial months of service.

If you cancel your subscription, your website will remain online until the end of your paid period, after which it will be taken offline and may be permanently deleted from our servers.

7. Website Changes and Modifications

After your website is delivered, you are entitled to request one round of changes at no additional cost. This includes unlimited reasonable modifications.

Additional change requests beyond the initial round will be charged at $35 AUD per request, with each request allowing for unlimited related modifications.

For websites of a commercial or large-scale nature, such as those comparable to Kmart, Google, Meta, or Woolworths, the scope of work and associated terms will be subject to a separate, customized agreement. Please contact us directly to discuss your specific requirements for such projects.

We strive to implement all requested changes accurately and to your satisfaction. If you are dissatisfied with the changes made and they do not align with your original request, you may request a revision by contacting us at contact@siteseen.co within 7 days of the change being implemented.

While we make every reasonable effort to fulfill your change requests according to your specifications, please understand that certain limitations exist within web design and development frameworks. The final outcome may not perfectly match your vision due to these inherent limitations. We encourage open communication to address any discrepancies and will work with you to find suitable alternatives where technical constraints exist.

We will make reasonable efforts to implement requested changes within 24 hours of receiving a change request.

8. Client Responsibilities

As a client, you are responsible for:

• Providing accurate and timely information required for your website
• Reviewing and approving website designs and content
• Ensuring that all content you provide does not infringe on any third-party rights
• Maintaining the confidentiality of your account credentials
• Ensuring your payment details are current and valid

9. Intellectual Property

Upon full payment, you will own the rights to the custom aspects of your website design. However, we retain ownership of:

• Our proprietary design templates and frameworks
• Custom code and scripts developed by us
• Third-party elements incorporated into your website (e.g., stock photos, plugins)

We reserve the right to display your website in our portfolio unless you explicitly request otherwise.

10. Website Content

You are solely responsible for all content published on your website. You agree not to use our services to create or distribute:

• Content that infringes on intellectual property rights
• Defamatory, obscene, or offensive material
• Malware, viruses, or other harmful code
• Content that violates any applicable laws or regulations
• Content promoting illegal activities

We reserve the right to refuse service or remove content that, in our sole discretion, violates these terms or is otherwise objectionable.

11. Limitation of Liability

To the maximum extent permitted by law, Site Seen shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use our services
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from our services
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through our services

Our total liability for any claims under these Terms shall not exceed the amount you paid to us over the 12 months preceding the claim.

Nothing in these Terms shall limit or exclude our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited by Australian law

12. Indemnification

You agree to indemnify, defend, and hold harmless Site Seen, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of your use of our services, including but not limited to:

• Your violation of these Terms
• Your violation of any rights of a third party
• Your violation of any applicable laws, rules, or regulations
• Any content that you post or share on or through the service

13. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use our services will immediately cease. If you wish to terminate your account, you may simply discontinue using our services and cancel any subscriptions.

14. Privacy

Your privacy is important to us. Our Privacy Policy, available at siteseen.co/privacy, explains how we collect, use, and protect your personal information. By using our services, you consent to our collection and use of personal data as outlined in our Privacy Policy.

15. Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• To cancel your service contract with us; and
• To a refund for the unused portion, or to compensation for its reduced value

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

16. Dispute Resolution

If a dispute arises between you and Site Seen, we encourage you to first contact us directly to seek a resolution. If we cannot resolve the dispute informally, both parties agree to:

• First attempt to resolve the dispute through mediation in Australia
• If mediation is unsuccessful, submit to the exclusive jurisdiction of the courts of Australia for resolution

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.

18. Changes to Terms

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on our website and updating the "Last Updated" date.

Your continued use of our services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to the modified terms, you should discontinue your use of our services.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.