Terms + Conditions
By signing up, engaging us to provide a service, or paying an invoice, you agree to the following Terms of Service for the use of Inversit’s services:
This Agreement is between Inversit (hereafter referred to as “Service Provider”) and all its subscribers (hereafter referred to as “Client”) unless the context requires otherwise.
The Service Provider and/or its assignee do not guarantee any profit or response from said services.
The Client shall 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 legal fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
The Client will irrevocably indemnify The Service Provider against any liability whatsoever for any direct or indirect consequential loss or damage, including but not limited to loss of data, loss of opportunity, loss of revenue, loss of profits and/or exemplary or punitive damages as a result of the services delivered by The Service Provider. The Service Provider’s liability is limited to a maximum of the amounts paid to The Service Provider by the Client in any month period.
This agreement is governed by and will be construed according to the laws of New South Wales, Australia.
1. Services
a. The Service Provider agrees to provide the Client with a website and optional management service, for a fee, or on a subscription model.
b. The service and the website platform setup for the Client are 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 the section on cancellation details.
2. Service Fee
The Client agrees:
a. To pay the fees that shall be charged to their account as a result of using The Service Provider service, including but not limited to:
i. Subscription fees;
ii. Fees for supplemental services or features;
iii. Additional website customisation; and
iv. Purchases made through the use of The Service.
b. That subject to any applicable law, fees and charges, The Service Provider services are non-refundable unless the pricing terms for the applicable service expressly states
3. Effective Date
a. This Agreement and the Client’s use of The Service Provider’s services will become effective on the date the order is submitted by the Client;
b. Unless amended or termination notice is submitted by the Client, in accordance with the provisions laid out in this agreement, which will continue to exist and bind the parties under the same terms and conditions as herein agreed.
For account cancellation, refer to the CANCELLATION POLICY section.
4. Method of Payment
a. The Client will provide a valid credit card prior to and during any time the Client receives The Service Provider Services.
b. Any Client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which will be recurring as long as the Client stays on the service.
c. Receipts for the payment transactions will be emailed directly to the Client, if requested.
d. The Client acknowledges and agrees that The Service Provider will not require any additional authorisation for any recurring payments or automatic billing options.
e. The Client shall be liable for any fees The Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due,
f. Any billing problems or discrepancies must be brought to The Service Provider’s attention within twenty (20) days from the date the Client is billed. If the Client does not bring them to The Service Provider’s attention within twenty (20) days, the Client agree to waive their right to dispute such problems or discrepancies with The Service Provider.
g. Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on: [email protected]
5. Account Termination
a. The subscription shall be terminated on the following grounds:
i. Service fees are unpaid after more than 14 days;
ii Violation of these Terms Of Service;
iii. Website is used for purposes The Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.
The Service Provider shall exert earnest effort to notify the Client before terminating the subscription.
6. Warranties
a. The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or The Service Provider’s subcontractors and affiliate’s services provided.
b. The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
c. The Service Provider 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, resulting from:
i. The use or the inability to use the service;
ii. 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. Unauthorised access to or alteration the Clients transmissions or data;
iv. Statements or conduct of any third party on the service;
v. Or any other matter relating to the service.
d. The Service Provider shall take all reasonable precautions to ensure 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 Client’s data except for through the weekly backups of the Clients website which is stored on a ‘best effort’ basis.
7. Terms
The Client agrees to:
a. Submit necessary content to build the ordered website in a timely manner.
b. Use the website in a manner that is legal, ethical, and in conformity with community standards;
c. Respect the privacy of other users in such a manner that they shall not intentionally seek data or passwords belonging to other users, nor will they modify files or represent themselves as another user unless explicitly authorised to do so by that user;
d. Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
e. Accept notifications of service changes, commercial email and similar offers presented via email.
f. In the event of a serious violation of the Terms of Service, The Service Provider reserves the right to terminate th Client’s account immediately. Every effort will be made to inform the Client prior to account termination.
8. Assignment
a. This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use their account, the Client agrees to:
i. Seek the prior written consent of The Service Provider;
ii. Remain liable to The Service Provider for any fees due under this Agreement.
b. The Service Provider retains the right to assign this Agreement at any time.
9. Submission of Content
a. The Client shall submit the necessary content to build the ordered website in a timely manner.
b. The Service Provider development team will not start the website build unless the required information/content has been supplied by the Client.
c. That any changes to the designs by the Client shall be minimal and reasonable and within 14 days week of the draft site being shared for feedback (‘receiving the staging link’). Once all of the comments, ideas, and questions are consolidated and The Service Provider’s UI/UX designers provide a new version, the project is considered completed.
d. Additional revision requests after the completion of the project will incur an hourly rate.
10. Change of Terms and Conditions
a. The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.
b. The continued use of the services 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.
c. Non-acceptance to the new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy as described in these terms of service.
d. The Service Provider shall give thirty (30) thirty days notice prior to changing subscription rates.
11. Notification of Account Changes
The Client agrees to:
a. Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider.
b. Notify the Service Provider of its address, email address, telephone number or billing information changes.
12. Notices
a. 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:
1. If delivered personally to the party to whom notice is to be given;
11. If sent by electronic mail with a cc: to sender;
iii. Or on the third day after mailing by express mail.
b. 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.
c. If an organisation is the subscriber, the individual signing up for The Service Provider services, represents that they are duly authorised to enter into this Agreement on behalf of that organisation.
d. 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 The Service Provider’s state and county, before instituting litigation.
13. Payment, Refunds, Upgrading and Downgrading Terms
a. A valid credit card is required for paying accounts.
b. The service is billed at the beginning of each month of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
c. For Clients in Australia, the fees include the GST. However, for international Clients, all fees are exclusive of any tax and other duties.
d. For any upgrade or downgrade in plan level, the credit card supplied by the Client will automatically be charged the new rate on the next billing cycle provided (7) seven days notice has been allocated to the upgrade/downgrade.
e. Once a website build has commenced, Clients will no longer be eligible to receive a refund.
f. Refunds will not be granted for any other reasons including but not limited to; change of mind, closing or liquidation of business, or financial hardship.
g. Several types of products are exempt from this guarantee including:
i. Associated third-party setups and integrations that are billed to the customer separately from the website set-up.
14. Account Terms
The client agrees that:
a. They or their assignee when approved by The Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
b. They shall provide their legal full name, a valid email address, and any other information requested in order to complete the signup process.
c. They are the owner of the credit card supplied. If another person or company owns the credit card provided, they undertake to have the proper authority to validly use the same and assume all legal responsibility thereto towards the real owner thereof or to The Service Provider, should reimbursement be necessary.
d. Login may only be used by one person.
e. They are responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation.
f. They are responsible for all Content posted and activity that occurs under their account (even when Content is posted by others who have accounts under the Client’s account).
g. They won’t use The Service for any illegal or unauthorised purpose.
h. They must not use the service to violate any laws. (including but not limited to copyright laws).
15. Cancellation and Termination
a. The Client is solely responsible for properly cancelling their account using the Cancel Subscription Form under ‘My Account’. A phone, email, social media message, or any other request to cancel the Client’s account is not considered cancellation.
b. The Service Provider is a website build, maintenance, and subscription service. To use the platform setup for the Client at the commencement of this service, the Client must continue to pay the subscription fee or arrange a buyout of the website platform.
c. The buyout fee within the first 12 months of service is $599 inc GST and can be arranged by emailing us at [email protected]. After 24 months, the buyout fee is $99 inc GST. The buyout fee includes website migration to a hosting server of your choosing.
d. The Content of the Client’s website will be immediately deleted from The Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via The Service Provider.
e. If the Client’s cancellation of service is made seven days (7) before the end of the Client’s current paid-up month, cancellation will take effect immediately, and there shall be no additional charges thereafter.
f. The Service Provider, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of The Service, or any other Service Provider service, for any valid reason at any time. Such termination of The Service will result in the deactivation or deletion of the Client’s Account or their access to the Account, and the forfeiture and relinquishment of all Content in the said Account.
The Service Provider reserves the right to refuse service to anyone for any reason at any time.
16. Modifications to The Service, Subscription and Prices
a. The Service Provider reserves the right to modify the service (or any part thereof), which includes modifying Monthly Subscription pricing, provided Clients are notified a minimum of 30 days before subscription or pricing increases.
b. Should The Service Provider decide to discontinue the service permanently, it shall ensure that Client has continued use for their website and agrees to notify the Client at least 60 days beforehand.
c. Prices of all Services, including but not limited to monthly subscription plan, are subject to change upon 30 days’ notice. Such notice may be provided at any time via email and by posting the changes to The Service Provider’s website.
d. The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of The Service.
17. Copyright and Content Ownership
a. The Service Provider claims no intellectual property rights over the material provided by the Client for use on their website.
b. The written content, photos, user data and materials uploaded on the Clients website remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content.
c. The Service Provider does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. By supplying the content to The Service Provider, the Client confirms that they own the right to publish such content.
d. The Service Provider does not pre-screen content provided by the Client and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. but The Service Provider and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any. Content that is made available by the Client via The Service.
e. The look and feel of the website produced for the Client is copyright © The Service Provider, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of The Service Provider.
18. General Conditions
a. The subject headings of the articles and sections in these terms are for convenience only and shall not affect the construction or interpretation of any of its provisions.
b. 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.
c. 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.
d. No waiver shall be binding unless executed in writing by the party making the waiver.
e. The Client’s use of The Service is their sole risk. The service is provided on an “as is” and “as available” basis.
f. Technical support is only provided to paying account holders and is available via email, or Telephone.
g. Verbal, physical, written, or other abuse (including threats of abuse or retribution) of any Service Provider customer, employee, member, or officer will result in immediate account termination.
h. The Client understands that the technical processing and transmission of The Service, including its Content, may be transferred unencrypted and involve;
i. transmissions over various networks; and
ii. changes to conform and adapt to technical requirements of connecting networks or devices.
i. You must not transmit any worms or viruses or any code of a destructive nature.
j. Whilst The Service Provider promises to always work to provide the best service possible, they provide no warranty or guarantee that;
i. The service will meet your specific requirements and expectations;
ii. The service will be completely uninterrupted, timely, secure, or error-free;
iii. Leads, sales, revenue numbers or any other specific business results will be achieved through the use of our service.
Questions about the Terms of Service should be sent to [email protected]
