1. About these terms
- These terms are between Aphileon Pty Ltd trading as Repeater, ABN 50 702 477 361 ("we", "us"), and the business named on your order ("you").
- Your order is the design you confirm in our website designer: your business details, the design and colours, the number of pages, the add-ons, whether you chose the care plan, the build price and the care plan's monthly fee if you chose it. We email it to you with your receipt. In these terms we call it your order.
- Prices are in Australian dollars and include GST. Your receipt shows the GST in each payment.
- You order for the purposes of your business.
- If anything in your order differs from these terms, your order applies.
2. What we build
- We build a website from the design you picked, with the number of pages and the add-ons on your order. Each line of your order is part of the build. Anything not on your order is not.
- The preview in the designer shows sample wording, prices and photos. Your site uses your own details, and the wording you give us or that we write with you. Copywriting is only included where your order includes the copywriting add-on.
- We build the site to work on phones and computers in the current versions of the common browsers.
- If you ask for work that isn't on your order, we quote it first. It is paid before we start it, and it is added to your order once you accept the quote.
3. What you give us
- You give us what the site needs from you: your logo, your photos, the services you offer and your prices, the areas you work in, and your contact details. We tell you what we need when we call you after you order.
- Please give us everything within 10 business days of our call. If it hasn't arrived after 30 business days, we may finish the site with what we have, or hold the build until it arrives. The timeline in clause 5 starts again when it does.
- You tell us that you own what you give us, or have the right to use it, and that it is accurate and lawful. You are responsible for the claims your site makes about your business, including licences and prices.
4. Changes before launch
- When the build is ready, we send it to you to check. You get two rounds of changes before launch: tell us everything you'd like changed in one list, we make the changes, and then you can send one more list.
- A change round covers wording, photos, colours, page order and fixing anything that is wrong. It doesn't cover a different design, more pages or new add-ons, which we quote.
- When you tell us you're happy, or 15 business days after we send you the last round without hearing from you, the site is ready to go live.
5. Timeline
- We aim to have the build ready for you to check within 15 business days after we receive everything in clause 3. A bigger order, or one with an online shop or booking, can take longer, and we tell you if it will.
- A date we give you is our best estimate, not a promise. A delay is not a reason for a refund unless the Australian Consumer Law says it is.
6. Paying for the build
- You pay the build price on your order in full when you order, by card on our payment page.
- We start work only once that payment has cleared.
- The amount is worked out by our systems from the price list when you order, and that price is fixed for your order. A later price change doesn't change it.
7. Hosting, the care plan and changes after launch
- Hosting is free while you have a website built by us. It is your site hosted on Cloudflare, with your domain kept in your name. There is no monthly fee for hosting.
- We may end the free hosting only if your site breaks the law or Cloudflare's terms, and only by giving you 30 days' written notice. When the hosting ends, we hand over the site as clause 12 says.
- The care plan is optional, and you pay for it only if you ticked it in the designer. It is $40 a month including GST, or the figure on your order if that is different. It includes a check every 5 minutes that your site is up, and backups of your site. It doesn't include changes to your site.
- The care plan starts on the day your site goes live, which we tell you by email. Nothing is charged for it before then. Each month is paid in advance, on the same day of the month as the day the site went live (or the last day of a shorter month). We charge the card you paid for the build with, which is saved by our payment provider for this. If we can't charge it, we email you the bill with a Pay now link.
- Changes after launch are billed by the hour, whether or not you have the care plan: $120 an hour including GST, charged in 15-minute blocks of $30. Before we start a change, we tell you how many blocks it will take and what it will cost, and we start only once you say yes. If it is going to take longer, we ask you before going past the quote. We email you the bill with a Pay now link.
- We may change the care plan's fee or the hourly rate by giving you at least 30 days' written notice. A change you have already said yes to keeps its quoted price. You may end the care plan instead under clause 8.
8. Ending the care plan
- Either of us may end the care plan by giving 30 days' written notice. No month that starts after the notice period ends is charged. Ending the care plan doesn't end your free hosting.
- A month that has started is not refunded, unless the Australian Consumer Law says it must be.
- When the hosting ends, we hand over the site as clause 12 says.
9. If a payment fails
- If a card charge for the care plan fails, we email you and try the card again up to 3 times in all. You can pay any time with the Pay now link on the bill.
- If the fee is still unpaid 2 business days after we email you, we may suspend the care plan. No fee runs while it is suspended, and we lift the suspension once the overdue amount is paid.
- If the fee is still unpaid 30 days after its due date, we may end the care plan by written notice.
10. Your domain and hosting account
- Your domain is registered in your name, or stays in your name if you already have one. You pay its registration and renewals unless your order includes the domain and email add-on, and even then the registration fees are yours.
- Your site is hosted on a Cloudflare account in your name. We set it up, look after it while the hosting runs, and you can ask for the logins at any time.
11. Who owns what
- What you give us (your logo, photos, wording and details) stays yours. You let us use it to build, host and look after your site.
- Wording and images we make for your site become yours once the build is paid for.
- The designs are our templates, and we may use them for other businesses. Once the build is paid for, you may use, copy and change the code of your own site, for your own business, for as long as you like, including after the hosting ends.
- We may show your site as an example of our work. Tell us if you'd rather we didn't, and we won't.
12. Handing over the site
- When the hosting ends, the site stays on your Cloudflare account and we remove our access. If you ask, we also send you a copy of the site's files.
- We stop the down check and the backups when the care plan ends.
13. Cancelling, refunds and the Australian Consumer Law
- If you cancel before we start work on the build, we refund the build price in full. Work starts when we first call you to plan your pages.
- If you cancel after work has started, we keep what covers the work done up to then, and refund the rest of the build price.
- Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or changes those guarantees, or any right or remedy you have under that law.
- Where the law lets us limit our liability for a failure to meet a guarantee, our liability is limited to supplying the services again, or paying the cost of having them supplied again.
14. Our liability
- To the extent the law allows, our total liability under or in connection with these terms is limited to what you have paid us under your order in the 12 months before the claim.
- To the extent the law allows, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, data or goodwill.
- We are not liable for an outage, delay or failure caused by something outside our reasonable control, including the hosting provider, a domain registrar or the internet. The care plan's down check tells us when your site is down so we can act, but it doesn't promise the site never goes down.
15. General
- Notices are in writing and may be sent by email: ours to [email protected], yours to the email on your order. Tell us in writing if your email changes.
- Your order, your receipt and these terms are the whole agreement about your website. A change must be in writing and agreed by both of us, except a change these terms allow by notice.
- We may transfer these terms to a related company, or to anyone who takes over our websites business, by notice to you. You may not transfer them without our written consent.
- If any part of these terms is unenforceable, it is read down or severed, and the rest continues.
- A business day is a day other than a Saturday, Sunday or public holiday in Melbourne.
- These terms are governed by the law of Victoria, Australia, and both of us submit to the courts of Victoria.
Accepting online
- Ticking "I've read and accept the website terms (RPT-WEB)" and paying in the designer is accepting these terms. We record the version you accepted, and when.
- If your order includes the care plan, you authorise us to charge the card you pay with for it, each month in advance from the day your site goes live, until the care plan ends. Card details are given on our payment provider's page and are kept by them, not by us.
- The person who accepts says they have read these terms and are authorised to accept them for the business.
Questions about these terms
Ask before you order, so everything is agreed up front. Call us on 0468 248 868 or email [email protected].