PAYG Websites Terms of Service

Pay As You Go Websites (ABN: 54630002596)

These are the standard terms and conditions which apply to all Domain names, DNS, Websites, and email hosted by Pay As You Go Websites.

By using this Website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to Pay As You Go Websites and “You” and “Your” refers to you, the client, visitor, Website user or person using our Website.

What do both parties agree to do?

You (Client/Customer/Prospect): You have the authority to enter into this contract on behalf of yourself, your company or your organisation. You will give us everything we need to complete the project as and when and in the format we need it. You will review our work, provide feedback and approval in a timely manner. Deadlines work two ways, so You will also be bound by dates we set together. You also agree to stick to the payment schedule set out in the ‘Payments’ section in this contract.

Us (Pay As You Go Websites): We have the experience and ability to do everything we have agreed with you and we will complete our tasks in a professional and timely manner. We will endeavour to meet every deadline that is set while maintaining the confidentiality of all information, assets and branding and trade secrets that you share with us.

Design

Your Website will be based on a Website template. These templates are the basis, or the structure of the Website. Templates are a framework and the Website design is complete when the copy, images, and logo have been replaced with your copy, images and logo.

Our job is to personalise the product that you get from us to you and your business. The Website template will be adjusted to present your images, text, information, branding, logo, and persona. Please note that our work does not include ‘custom’ changes to the Website template. Your Website will look and feel the same as the template; however, we personalise the aesthetics of the Website template to your business.

You will have an opportunity to review our work at the design stage and provide feedback.

The stages of the development of a Website can be described below:

1) Information Gathering
In this stage, Pay As You Go Websites will request the information it needs to begin planning the development of the Website. Initial information gathering will be through the application provided through www.payg.websites. As the Website develops, additional information may be required. The Customer agrees to send the required information in an organised and timely manner. Failure to do this will cause delivery delays and payments will continue to incur.

2) Design and Development
When the information as supplied by the customer has been received and initial planning of the Website will be completed through designing the Wireframes, Site Structure and Navigation. Development will begin upon approving the designs. The time taken to Develop a Website is dependent on the template and package that you have selected, and more importantly how soon you would provide us the content.

3) Review
When the initial design is completed a design URL will be sent to you for you to provide feedback before we commence Development. Design review time varies depending on the package and the template selected. When Pay As You Go Websites declares the Website as completed, a URL to the development Website will be provided to give The Customer the opportunity to provide feedback on the developed Website. The Customer agrees to provide Website feedback in a timely and organised manner, and that it is not the responsibility of Pay As You Go Websites to follow-up The Customer for feedback or direction not received.

4) Production/Live
On completion of the Review stage, Pay As You Go Websites will deploy the site based on the domain requested through www.payg.website. In the event you have already purchased a domain, the Customer will provide the required domain name password or domain name login details that enable Pay As You Go Websites to put the Website into production or make the Website ‘Live’ on the Internet. Pay As You Go Websites cannot put the Website into Production or ‘Live’ until the correct domain name information has been provided.

Updates

After your Website template has been rebranded and it has been mutually agreed that the design phase is completed, then you may request updates to the Website. Much like the initial design, examples of updates include; Updating Website copy (add/remove/change), Update new logo, Add/Remove new photos or images, changes to online forms, Adding/removing/updating products, and adding promotional banners.

Examples of requests for updates that are not accepted include; Structural changes to Website, a new Website, custom functionality or custom changes. You may request additional functionality, such as a request to add a shopping cart when there previously was no cart, in which cases we reserve the right to provide an estimate for completion of the request.

We offer a fully managed Website and hosting solution, and as such administration access is not granted to the customer to make their own changes to the Website. The only occasions when access is granted is;
a) If you have a shopping cart on your Website, you will be granted access to manage orders and view reports; and
b) If an agreement is made in writing by Pay As You Go Websites prior to the commencement of your account.

We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Photographs and Graphics

You should supply graphic files in an editable, vector or png digital format. You should supply photographs graphics in a high-resolution digital format. If you choose to buy stock photographs, you can see our FAQ section to see where you can purchase stock photos.

You may be able to find suitable, free-to-use for commercial purposes, with no attribution required, stock images for use on your Website. If you approve, Pay As You Go Websites to use free stock images then you accept responsibility for any copyright or license conditions on these images.

Browser testing

Browser testing no longer means attempting to make a Website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We cater for latest versions of; Internet Explorer, Edge, Firefox, Chrome and Safari

Defects

We endeavour to deliver the best possible product that is within the guidelines and structure provided. We cannot guarantee that our work will be error-free; however, any defects can be raised to us within User Testing period and standard warranty period, which is 90 days from delivery.

Warranties and Liability

The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or Pay As You Go Websites.

The Client agrees that they have the full authority to act on behalf of a company or organisation, a business, or a domain name license to request the transfer of a domain name between domain name registrars or resellers of domain name registrars, to transfer DNS zones, update name servers, update domain name contact details.

Abusive and unethical materials and uses include, but are not limited to: pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy.

The Client hereby agrees to indemnify and hold harmless Pay As You Go Websites from any claim resulting from the Client’s publication of material or use of those materials.

It is also understood that Pay As You Go Websites will not publish information over the Internet which may be used by another party to harm another. Pay As You Go Websites will also not develop a pornography or warez project for the Client. Pay As You Go Websites reserves the right to determine what is and is not pornography.

Pay As You Go Websites does not warrant the functions of the site will meet Client’s expectations of site traffic or resulting business or that the operation of the web pages will be uninterrupted and / or error-free. Pay As You Go Websites will not be held responsible for occasional downtime of email or project due to line interruptions and/or other instances beyond Pay As You Go Websites.

We are not liable for any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Whilst we will try to improve your business exposure, we cannot guarantee that our services will increase third party traffic to your Website or that such traffic will increase business sales or enquiries.

Indemnification

The Client agrees that it shall defend, indemnify, save and hold Pay As You Go Websites harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Pay As You Go Websites development of the Client’s domain name, DNS, Website or email services. This includes liabilities asserted against Pay As You Go Websites, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns. This includes Websites that Pay As You Go Websites develops and hosts on its web servers and Websites that Pay As You Go Websites develops and is not hosted on its web servers.

The Client also agrees to defend, indemnify and hold harmless Pay As You Go Websites against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s Website or email services. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. This includes Websites that Pay As You Go Websites develops and hosts on its web servers and Websites that Pay As You Go Websites develops and is not hosted on its web servers.

Changes to Terms and Conditions

If we decide to change our Terms and Conditions, we will update our Terms and Conditions found on our Website: https://payg.website/terms-and-conditions/. We reserve the right to modify our Terms and Conditions at any time, so please review it frequently.

It is the responsibility of the customer to seek and ensure that the customer always possesses the latest and most up to date terms and conditions.

Copyrights

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them.

Website ownership is from 12 months, subject to all fixed monthly instalments being paid over the first 12 month continuous period. If a cancellation occurs within the first 12 months of service, Pay As You Go Websites holds the ownership rights and reserves the right to administer the Website, its design, and content in any way it deems fit including, but not limited to; selling or leasing, the Website in whole or in part.

A backup copy of Website available only after 12 months continuous paid service on a non-discounted rate. In cases where a discounted rate has been applied to the ‘Payment schedule’ fixed monthly installment, a backup copy of the Website is available only after 24 months continuous service.

We will own the unique combination of the elements that constitute a complete design and We will license that you, exclusively and in perpetuity for a project only unless we agree otherwise. If you decide to cancel your subscription within the first 12 months and would like a backup of the Website files and database, you will be required to pay the difference of the remainder of the first 12 months plus a small disconnection fee (details in ‘Refunds and Cancellations’).

We publish our completed work on our portfolio section and share what we have learned with other people, so we reserve the right, with your permission, to display and link to your project as part of our portfolio and to write about it on Websites, in magazine articles, and in books.

Backups

Pay As You Go Websites maintains internal backups of active project code and design files. This backup system is not intended as a solution for The Client, rather as a code archive through the duration of this Contract. While Pay As You Go Websites backup system is fully redundant, it is not guaranteed. Backups are made daily and are archived for 1 month before being destroyed.

Newsletter

The newsletter services is a ‘MailChimp’ newsletter list that utilises the Mailchimp ‘free’ account. Pay As You Go Websites will set up the MailChimp account (if not already existing) and the connection between the Website and the newsletter list – however, the management of the newsletter is entirely up to the client. Pay As You Go Websites does not tutor or assist in the management of the newsletter list.

Pay As You Go Websites will support the connection (i.e. a new subscriber is successfully added to the MailChimp list through a Website form) however any issues/help regarding the actual newsletter list are between the client and MailChimp.

Third Party Software/Integrations

The client may request integration between the Website and third-party software. Pay As You Go Websites will review the request and if approved in writing by Pay As You Go Websites:

You acknowledge that Pay As You Go Websites is not responsible or liable for any problems arising from the installation or use of the third-party software or integration;

If the third parties provide data or other information for use with the software, Pay As You Go Websites has no control over the accuracy or completeness of that information;

You accept and must comply with the terms and conditions of those third parties relating to their software;

Those third parties may invoice you directly for ongoing costs relating to your use of their software;

Pay As You Go Websites is not liable for any acts or omissions of third party software or integrations with third-party software; Furthermore, the client may be liable for charges or fees incurred by Pay As You Go Websites for the repair of any product or service affected by the use of third-party software or an integration with third-party software.

Security

Although Pay As You Go Websites makes every effort to provide a secure Finished Product(s), due to the nature of rapidly advancing technology, Pay As You Go Websites can in no way guarantee that the Finished Product(s) will not be subject to security breaches.

You acknowledge that we engage third parties to provide technical and operational measures designed to protect your Website from malicious activity and provide for the security and integrity thereof. You acknowledge that we are not responsible for any loss or harm suffered by you resulting from a security incident. You are responsible for determining whether the Services meet applicable regulatory standards and otherwise comply with your own security requirements.

Delays

Pay As You Go Websites Delays: Designers and Developers shall use all reasonable efforts to meet the Work Plan and Milestones delivery schedule. The Designers and Developers may extend the due date for any Deliverable by giving written notice to the Client.

Client Delays: Client shall use all reasonable efforts to provide needed information, materials, and approvals. Any delay by Client will result in a day-for-day extension of the due date for all Deliverables.

General Delays: Any delay caused by conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, internet disconnections, fire, flood, or Force majeure.

Payments

All payments must be made on due date any delays to payments monthly or weekly will incur a US$5 penalty per every calendar month per every delay. All payments will be on a direct debit basis and will be debited from your Bank Account, PayPal or Credit Card.

Payment schedule:
Pay As You Go Websites Website Package “Landing”: US$9.00 per month (initial two months upfront).
Pay As You Go Websites Website Package “Kickstart”: US$39.00 per month (initial two months upfront).
Pay As You Go Websites Website Package “Scale”: US$99.00 per month (initial two months upfront).
Pay As You Go Websites Website Package “Grow”: US$169.00 per month (initial two months upfront).
* The additional one month payment will be refunded if the contract is terminated after the standard 12months period.

Additional Expenses

The Customer will be charged extra for any additional services, plugins that will be required to complete the functionality of the Website. Examples would be:

Purchase of specific fonts at the Client’s request,
Purchase of specific photography at the Client’s request.
Purchase of specific software at the Client’s request.

Payments

The Customer will be charged the initial payment at the point of submitting the request to develop a Website under any respective packages provided by Pay As You Go Websites. The Customer has 3 days cooling off period for any change of mind. However, any payments made will not be refunded after the cooling off period if the customer cancels the contract. All subsequent payments will be deducted 1st day of the month or 1st days of the week depending on the payment frequency selected by the customer

The Customer agrees that, by providing payment details, that Pay As You Go Websites is authorised to automatically deduct the full amount for any raised invoices at the discretion of Pay As You Go Websites.

The Customer agrees that, by providing payment details, that the payment schedule will be set up immediately and that scheduled payments will begin immediately regardless of the stage of the Website (Information Gathering Stage/Development Stage/Review Stage/Website Live). Scheduled payments will continue until Pay As You Go Websites receives in writing a request to cancel the scheduled payment as per ‘Refunds and Cancellations’ in this document.

The Customer agrees that, by providing payment details, has read, understands, and accepts Pay As You Go Websites Terms and Conditions, and accepts responsibility to seek and ensure that the customer always possesses the latest and most up to date terms and conditions, as described in ‘Changes to Terms and Conditions’ in this document.

Late Payment: If a payment cannot be debited on the payment date, Pay As You Go Websites will charge a penalty fee or US$5 for every delayed payment at every payment cycle.
Over Charge Fees, Charge Back Fees, Dishonour Fees: We will on charge any bank fees that are a result of penalties caused by (but not limited to) Over Charges, Charge Backs, Dishonours, or Failed Payments.

Termination: Either party must give notice one payment term in advance. That is for weekly term customers, one week notice to be provided, Monthly term customers one month notice to be provided. This contract may only be terminated after all outstanding invoices have been paid in full.

Refunds and Cancellations

If for some reason, you are not satisfied with our services, please send notification of your intention to cancel your services in writing to: customerservice@payg.Website

To be eligible for a refund, your request for cancellation must be received 5 business days before your next monthly payment.

We do not refund partial months on any recurring month-to-month services. If you paid for a month and cancel the service before the month has begun, we will refund for the month.

If you cancel your account within the first 12 months and require a backup of the Website and its files then a pay-out charge applies. The pay-out charge is the equivalent of the remaining months of the 12 month period plus a disconnection fee of US$150.00. For example, if you have enjoyed 8 months service but need to cancel and receive the Website with its files, then the pay-out charge will be: 4 x monthly fee plus US$150.00.

If you cancel your account after the first 12 months and require a backup of the Website, a disconnection fee of US$100.00 applies.

A backup of the Website is only available upon cancellation if there is no outstanding money or monies owed to Pay As You Go Websites and only after 12 months of continuous paid service. Payments that defaulted or were unpaid during a 12 month period disqualify the Client from receiving a backup of the Website unless agreed to in writing by Pay As You Go Websites.

If a backup of the Website files is requested on cancellation, the Website will be packaged in zip format and uploaded to a shared Dropbox folder where the Client will have the ability to download the file. The file will contain the Website files and Website database. It is not the responsibility of Pay As You Go Websites to migrate, backup, configure or support the Website on an external hosting environment.

Pay As You Go Websites does not take any responsibility for damages or errors made to the site by the Client or a third party after the Website has been compressed in zip format and uploaded to Dropbox.

Pay As You Go Websites does not retain a backup of the Website. Once the Website zip has been uploaded to a cloud storage, it will be permanently deleted from our web servers.

The shared download link will remain active for 7 days. This duration can be extended if agreed in writing by Pay As You Go Websites.

Pay As You Go Websites cannot guarantee that the Website will work, be free from errors, or function on another web server. Pay As You Go Websites does not take any responsibility for damages and as we can’t guarantee that a Website we develop will work on another hosting platform, we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

The Client hereby agrees to indemnify and hold harmless Pay As You Go Websites from any claim resulting from the Client’s publication of the Website on another web server.

The Client may request Pay As You Go Websites make changes to the Website after it has been set up on an alternate web server. If approved by Pay As You Go Websites, an hourly rate will apply as quoted in writing by Pay As You Go Websites. Quotes for ad-hoc changes must be approved and payment must be received before the work commences.

Setup charges and Domain Name Registration, transfer, or renewal fees, if any are not refundable.

If an SSL certificate has been issued, no refund is available for any reason.

Once a Website template has been selected, there is no option to change it, and there are no refunds once the design has been accepted and we have begun work. However, if approved by Pay As You Go Websites, you may pay an additional setup fee, to be confirmed by Pay As You Go Websites in writing prior to the commencement of the Website development, to change the Website template on which your Website will be based.

If you are a customer of Pay As You Go Websites and you require a new Website to be developed, Pay As You Go Websites will confirm the cost of the development of a new Website in writing.

Accounts that are either cancelled, deactivated, and/or have services suspended for violation of our terms of service, or accounts that exceed their disk or bandwidth usage amount do not qualify for any refunds. Requests to cancel accounts or the termination of your payment plan with us will result in the immediate deactivation of your account. To apply for the cancellation and/or refund, you must send us an email at customerservice@payg.Website.

Plugins

Every Website developed by Pay As You Go Websites uses plugins. No plugin will be automatically updated to the latest version on the release of an update, patch, or new release by the plugin vendor or 3rd party plugin vendor. We will act on Plugin Vulnerability Notifications as supplied by our 3rd party web hosting partner and update plugins when such notifications are received.

Generally, plugins are disallowed because they collide with the solutions that we put into place as part of our service offerings and provide a security risk to your Website. If there is the situation where the functionality you request of your Website requires a forbidden, or becomes a banned plugin where it previously was not, then we will work with you to find a suitable replacement.

WordPress (wp-admin) Access (Website Backend)

By default, Pay As You Go Websites does not supply access to the backend of a Website developed and hosted by Pay As You Go Websites. However, in rare cases, Pay As You Go Websites may agree to provide limited access to the Website backend that allows clients to make changes to the Website content. The request for Website backend access by the client must be made in writing. If Pay As You Go Websites agrees to the request for backend access, it will do so in writing.

We endeavour to provide continuous availability of our services and access to the Website. However, access to the Website Backend may not always be possible due to numerous factors including those which are out of our control. We do not warrant or represent that our services and access to the Website Backend will be timely, continuous, fault-free, uninterrupted, secure or virus-free.

You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Pay As You Go Websites of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Website Backend.

Pay As You Go Websites reserves the right to modify or discontinue, temporarily or permanently, access to the Website Backend (or any part thereof) with or without notice. You agree that Pay As You Go Websites will not be liable to you or to any third party for any modification, suspension or discontinuance of access to the Website Backend.

Pay As You Go Websites is not liable for any issue or problem that arises as a direct or indirect result of supplying access to the Website Backend. You agree that support, including troubleshooting for any issue, directly or indirectly resulting from granting access to the Website Backend will result in a US$55 per hour fee.

The customer agrees that a possible solution to any Website problem is to restore the Website from a backup. You agree that Pay As You Go Websites is not responsible or not liable for any loss or damage arising as a result of the restoration of the Website from a previous backup point.

No training is offered or support available on how to access, make changes, fix problems, or correct errors in the Website Backend.

Pay As You Go Websites restricts access to the html code and CSS of its Websites to protect the Websites from being modified, incorrectly coded, and from loss of coding data. It is also a measure of intellectual property protection of Pay As You Go Websites code. The Website must remain in this CMS system and cannot be moved, migrated or exported to an alternative hosting or CMS.

Pay As You Go Websites does not offer full access to the Website Backend. This means clients are limited to content access only. Clients do not have access to any structural or functional components of the Website that affect the overall operation of the site. This means no access to templates, CSS, HTML, code, plugins, forms or module specific templates.

Pay As You Go Websites takes no responsibility for any errors or damage to the functionality or operation of the Website and it is the responsibility of the Client to ensure the Website is functioning correctly. If errors or damage to the functionality occurs, Pay As You Go Websites is not liable for any financial or data losses and the client may be liable for the costs associated with the repair of the Website or Website Backend.

SEO, Adwords, Digital Marketing, Social Management Contractor Services

For the purpose of Website optimisation, you may choose to engage or assign, agents and contractors whose services include, but not limited to: search engine optimisation (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising and Link Building.

Where applicable, Pay As You Go Websites will send a written quote on the additional level of support and on-going optimisation that is required or to be carried out in accordance with the requests of the agents and/or contractor that has been assigned for the purpose of Website optimisation.

SEO Analysis/Reports/Adwords

No guarantees will be given as to a Website’s ranking as the search engines change their ranking algorithms on a regular basis, and new sites and competitor sites may be being optimised and submitted continually. It is possible for your Website’s rankings to go backward, if this were to happen, no liability will be on Pay As You Go Websites and no refunds or discounts given.

Pay As You Go Websites does not guarantee, warrant, or state that Websites developed by Pay As You Go Websites will or can be accepted by third parties such as Search Engines, or Social Media Platforms for the purpose of Advertising, Marketing, Adwords, Remarketing, or any other service provided by such third parties. We accept no responsibility or liability for the performance of a campaign, suspension of an account, or any other outcome as a result of a Website developed and/or hosted by Pay As You Go Websites.