By signing up with Spectralsites, you agree to the terms and conditions governing the use of Spectralsites services under the following Terms of Service:
- This Agreement is between Spectralsites Pty Ltd, (hereafter referred to as “the service provider”) and all its subscribers (hereafter referred to as “the client”) unless the context requires otherwise. The service provider, and/or its’ assigns shall be referred to as “us”, “we”, or “our” and the client shall be referred to as “you”, “your” or “subscriber.”
- You, the client, will use your Spectralsites account in a manner that is consistent with all applicable laws and regulations and is in accordance with the terms and conditions discussed herein.
- You understand that the service provider, and/or its assignee does not guarantee, imply, or predict any type of profit or response from said services.
- You covenant, promise and agree to irrevocably indemnify the service provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assignee may sustain, and/or to hold the service provider and/or its’ assigns harmless to which the service provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
- Spectralsites reserves the right to update and change the Terms of Service from time to time without prior notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time below. It is the client’s responsibility to check for updates.
- Violation of any of the terms below may result in the termination of your Account. For full details read section (3) three.
Services to be Provided:
- The service provider agrees to provide the client, directly, or through our subcontractors and affiliates, with a website and management service.
- This service is a subscription service and the website platform setup for the client is available for the client to use so long as the subscription payments are made or if the client arranges a buyout of the service. Please see section (16) sixteen for cancellation details.
- By using Spectralsites' services, you agree to accept the fees you may incur as a result of using the Spectralsites' service, including but not limited to, fees for supplemental services or features, additional website customisation and purchases made through the use of the service provider. Subject to any applicable law, fees and charges for Spectralsites' services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.
- This Agreement and the client’s use of Spectralsites’ services shall become effective on the date the order is submitted by the client to the service provider (“Effective Date”).
- The Period of Performance of this Agreement shall commence on the Effective Date and shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed, which may be amended from time to time, unless and until either party provides the other party with notice of termination (refer to account Cancellation instructions below) at least seven (7) days prior to any Renewal Period.
- The service provider will continue to renew automatically unless terminated by Spectralsites or until you notify Spectralsites of your intent to change your service renewal.
- For account cancellation instructions refer to the CANCELLATION POLICY found in section (16) sixteen.
2. Method of Payment
- The client must provide a valid credit card prior to and during any time the client receives Spectralsites' Services.
- The Renewal Fees will be due on the day of the recurring effective date of the Renewal Period, and will be automatically debited from the client’s credit card on that date.
- Receipts for these transactions will be emailed directly to the client from chargebee.com, our secure payment merchant.
- The client acknowledges and agrees that the service provider will not require any additional authorization for any recurring payments or automatic billing options.
- Accounts are considered in default if the payment is not received within seven (7) days after the effective date of the Renewal Period. The service provider may suspend or terminate use of the Spectralsites services if the client fails to provide a valid designated payment method upon request, or if Spectralsites is unable, for any reason, to bill charges to the client’s designated payment method. If the payment is more than fourteen (14) days past due, the client will be liable for any fees Spectralsites incurs in its efforts to collect any unpaid balances.
- Any billing problems or discrepancies must be brought to Spectral Site’s attention within thirty (30) days from the date the client is billed. If you do not bring them to Spectral Site’s attention within thirty (30) days, you agree that you waive your right to dispute such problems or discrepancies with Spectralsites.
If you have any billing-related questions or want to stop a recurring payment from being charged to your designated payment method email our sales/billing support on [email protected].
3. Account Termination
We may terminate your account:
- If service fees are unpaid for longer than 7 days
- If you violate the Terms Of Service Policy, Partner Terms, or Policy Terms;
- If you breach any of the terms in this Agreement;
- If your website is being used for purposes Spectralsites believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.
4. No Warranties
- Spectralsites MAKE NO WARRANTIES TO THE CLIENT OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO OUR SERVICES, AND/OR OUR SUBCONTRACTORS’ AND AFFILIATES’ SERVICES PROVIDED. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANT ABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.
- We shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for lost profits or for loss of data or information.
- While we take all reasonable precautions to ensure your database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our clients data except for through our weekly backups of the clients website which is stored on a ‘best effort’ basis and taken automatically via Fastly and/or Amazon S3 (third party hosting provider).
- The client agrees: (a) to use the website in a manner that is ethical and in conformity with community standards; (b) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (c) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and (d) to accept notifications of service changes, commercial email and similar offers presented via email.
- If the service provider learns of a violation or likely violation of its’ TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
- This Agreement is personal to you. You may not assign your rights under this Agreement without our prior written consent. If you do assign your rights, as would be the case where you allow someone other than you to use your account, you shall remain liable to us for any fees due under this Agreement.
- We may assign this Agreement at any time.
7. Change of Terms and Conditions
- We reserve the right to change the terms and conditions of this Agreement as needed.
- Use of our services by you after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.
- If you do not agree to the new terms and conditions, you may terminate this Agreement in accordance with our cancellation policy.
- For changes in subscription rates, we will always give thirty (30) days notice prior to changing subscription rates.
8. Notification of Account Changes
- You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable.
- You agree to notify us if your address, email address, telephone number or billing information changes.
- All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
10. General Provisions
- The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.
- If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.
- This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings.
- Subject to Section I, no supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
- This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this Agreement on behalf of that organization.
- In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognised Arbitration Board located within our state and county, before instituting litigation.
11. Refund Policy
Refunds for Monthly Subscribers:
- Any client subscribing to our services on a monthly basis will have their credit cards charged the full monthly charge for the service in advance.
- Clients who are subscribed to monthly packages and have surpassed 30-days of service will not be entitled to the 30 Day Money Back Guarantee policy. Read more in section (13).
- No refunds will be issued for service downgrades. Customers requesting service downgrades will be provided with a credit adjustment applied against their existing service package.
12. 30 Day Money Back Guarantee
- Our 30 Day Money Back Guarantee policy shall be valid only 30 days from the date of purchase. After the said 30-day period, any request for refund or exchange will no longer be accepted.
- To be eligible for a return, you must NOT have requested your domain to be mapped to send your site live, which constitutes acceptance of our services as completed.
- Several types of products are exempt from this guarantee including:
- Monthly hosting Fees, Shopping products, Add-in setups, and
- Additional third party integration billed to the customer separately to the site set-up
- To request your money back please make a submission through our Contact Form.
13. 24 Month Refresh Policy
- After 24 months, subscribers are eligible for a refresh of their current website equal to the value of the initial setup cost of their subscription.
- Subscribers can chose to either rebuild their website using pages from our most up to date demo siteor use the credit to purchase support hours that can be used to refresh their current Spectral Site. Support hours bill at $60/USD an hour and the available credit amount is equal to the value of the initial setup cost of the subscription. For example, customers who purchased a Custom Setup would be eligible to receive $999USD credit that they could use to purchase 16 and a half hours support time.
- Application for a refresh of your site can be made via email to [email protected]
14. Account Terms
- You must be 13 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – additional logins for your account can be requested by contacting [email protected].
- You are responsible for maintaining the security of your account and password. Spectralsites cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
15. Payment, Refunds, Upgrading and Downgrading Terms
- A valid credit card is required for paying accounts.
- The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- All fees are exclusive of all taxes, levies or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding NZ GST.
- For any upgrade or downgrade in plan level, the credit card you provided will automatically be charged the new rate on your next billing cycle.
- Downgrading your service may cause the loss of content, features or capacity of your account. Spectralsites will not be made liable for such loss.
16. Cancellation and Termination
- You are solely responsible for properly cancelling your account using the . A phone, email, social media message or any other request to cancel your account is not considered cancellation. It must be in writing.
- Spectralsites is a subscription service. To use the platform setup for you at the commencement of this service you must continue to pay your subscription or arrange a buyout of your website platform.
- The current buyout fee is $2,000 NZD and can be arranged by emailing us at [email protected].
- All of your Content will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled unless otherwise arranged through written notice via Spectralsites.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect on the end of period and you will not be charged again.
- Spectralsites, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Spectralsites service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Spectralsites reserves the right to refuse service to anyone for any reason at any time.
17. Modifications to the Service and Prices
- Spectralsites reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any given time.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Spectralsites website.
- Spectralsites shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
18. Copyright and Content Ownership
- We claim no intellectual property rights over the material you provide to the Service. Your website content, photos, user data and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- You agree that you own the rights to publish any content supplied to Spectralsites for the construction of your website and for any content you upload to your website.
- Spectralsites does not pre-screen Content, but Spectralsites and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the website Service we provide for you is copyright ©2014-2018 Spectralsites, All rights reserved. You may not duplicate, copy, or reuse any portion of this website.
19. General Conditions
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available via email.
- You understand that Spectralsites uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Spectralsites, or any other Spectralsites service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website we provide you, use of the Service, or access to the Service without the express written permission by Spectralsites.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Spectralsites customer, employee, member, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not transmit any worms or viruses or any code of a destructive nature.
- Spectralsites does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Spectralsites shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Spectralsites has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of Spectralsites to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Spectralsites and govern your use of the Service, super ceding any prior agreements between you and Spectralsites (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to [email protected].