By signing up, you agree to the following Terms of Service for the use of Lightning Sites services:
- This Agreement is between Lightning Sites Pty Ltd, ACN: 619 507 149 (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 does not guarantee any type of 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 attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
a. The service provider agrees to provide the client a WordPress website and management service.
b. The 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 (15) fifteen for cancellation details.
2. Service Fee
The client agrees:
a. To pay the fees that shall be charged to his account as a result of using the Lightning Sites service, including but not limited to:
i. Subscription fees.
ii. Fees for supplemental services or features;
iii. Additional website customization; and
iv. Purchases made through the use of the service provider.
b. That subject to any applicable law, fees and charges, Lightning Sites services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.
3. Effective Date
a. This Agreement and the client’s use of Lightning Sites’ services shall become effective on the date the order is submitted by the client;
b. Unless amended or termination notice is submitted by the client, at least seven (7) days prior to the expiration of the agreement, the agreement between the parties shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed.
For account cancellation, refer to the CANCELLATION POLICY found in section (15) fifteen.
4. Method of Payment
a. The client shall provide a valid credit card prior to and during any time the client receives Lightning Sites Services.
b. Any client subscribing on a monthly basis will have their credit card charged the full monthly service fee in advance, which shall be recurring as long as the client stays on the service.
c. Receipts for the payment transactions will be emailed directly to the client through Stripe.com, the secure payment merchant of the Service Provider.
d. The client acknowledges and agrees that the Service Provider will not require any additional authorization 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 Lightning Site’s attention within sixty (60) days from the date the client is billed. If the client does not bring them to the Service Provider’s attention within sixty (60) days, the client agree to waive his 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
The subscription shall be terminated on the following grounds:
a. Service fees are unpaid after more than 30 days;
b. Violation of the Terms of Service Policy, Partner Terms, or Policy Terms;
c. 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.
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. 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.
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 and taken automatically via Amazon S3 (third party hosting provider).
The Client agrees to:
a. Use the website in a manner that is legal, ethical and in conformity with community standards;
b. Respect the privacy of other users in such manner that he shall not intentionally seek data or passwords belonging to other users, nor will he modify files or represent himself as another user unless explicitly authorized to do so by that user;
c. Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
d. Accept notifications of service changes, commercial email and similar offers presented via email.
e. In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the client prior to account termination.
a. This Agreement is personal to the client, and in case of assignment wherein the client allows someone to use his 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 its right to assign this Agreement at any time.
9. 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 provided under Section 15 on Cancellation.
d. The Service Provider shall give thirty (30) day notice prior to changing subscription rates.
10. 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.
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;
Or on the third day after mailing by express mail.
a. 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.
b. If an organization is the subscriber, the individual signing up for Lightning services, represents that he or she is duly authorized to enter into this Agreement on behalf of that organization.
c. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within Service Provider’s state and county, before instituting litigation.
12. Payment, Refunds, Upgrading and Downgrading Terms
a. A valid credit card is required for paying accounts.
b. The service is billed at the end 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. Downgrading the service may cause the loss of content, features or capacity of the client’s account. Lightning Sites will not be made liable for such loss.
f. Clients who are not satisfied with the quality of the service can request for their money back according to our 45 day money back guarantee which is available with the following terms;
i. The website package must have been purchased within the last 45 days.
ii. Lightning Sites agrees that the work completed on the website is defective. The 45 day refund policy exists to protect clients against the potential of poor work quality. As such, 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.
iii. To be eligible for refund, the client must NOT have requested the domain to be mapped to send the site live, which constitutes acceptance of the services as completed.
iv. Several types of products are exempt from this guarantee including:
a. Speed Builds;
b. G-Suite setups; and
c. Additional third-party integrations billed to the customer separately to the website set-up.
g. A client who purchased a website over 45 days ago and opts not to continue the website build may be granted credit with Lightning Sites (minus an administration fee of $250) on the condition that:
i. The website build has not commenced;
ii. The client has not completed the initial video planning session to plan their website with us;
iii. The order was placed less than 6 months ago; and
iv. Said credit may only be used on any other Lightning Sites products or services;
k. To request a refund or credit, submission must be made via email to [email protected]
13. 24 Month Refresh Policy
a. After 24 months, the client is eligible for a refresh of the current website equal to the value of the initial setup cost of his subscription.
b. The client can choose to either rebuild his website using pages from the most up to date Demo Site (demo.lightningsites.com) of the Service Provider or use the credit to purchase support hours that can be used to refresh the current Lightning Site.
c. Support hours bill at $60/AUD an hour and the available credit amount is equal to the value of the initial setup cost of the subscription. For example, a client who purchased a Custom Setup would be eligible to receive $999AUD credit that he could use to purchase 16 and a half hours support time.
d. Application for a refresh of the website can be made via email to [email protected]
14. Account Terms
The client agrees that:
a. He must be 13 years or older to use the service.
b. He or his assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.
c. He shall provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.
d. He is the owner of the credit card supplied. If another person or company owns the credit card provided, he undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Lightning Sites, should reimbursement is necessary.
e. Login may only be used by one person – additional logins for the same account can be requested by contacting [email protected].
f. He is 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.
g. He is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the client’s account).
h. He shall not use the Service for any illegal or unauthorized purpose.
i. He must not, in the use of the service, violate any laws. (including but not limited to copyright laws).
15. Cancellation and Termination
a. The client is solely responsible for properly cancelling his account using the Manage Subscription Form. A phone, email, social media message or any other request to cancel the client’s account is not considered cancellation. It must be in writing.
b. Lightning Sites is a 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 current buyout fee is $2,000 AUD and can be arranged by emailing us at [email protected]. However, the fee drops to $1,000 AUD after 24 months.
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 Lightning Sites.
e. If the client’s cancellation of service is made seven days 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 Lightning Sites 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 his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.
g. The Service Provider reserves the right to refuse service to anyone for any reason at any time.
16. Modifications to the Service and Prices
a. The Service Provider reserves the right to modify or discontinue temporarily the service (or any part thereof), provided it notifies the client a minimum of 30 days before doing so.
b. Should the Service Provider decides to discontinue the service permanently, it shall notify the client at least 60 days beforehand.
c. Prices of all Services, including but not limited to monthly subscription plan fees to the service, are subject to change upon 30 days’ notice. Such notice may be provided at any time by posting the changes to the Lightning Sites 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 to the Service.
b. The website content, photos, user data and materials uploaded remain to be the client’s property. However, by setting the pages to be shared publicly, client agrees to allow others to view and share the Content.
c. Client agrees to own the rights to publish any content supplied to Lightning Sites for the construction of the website and for any content you upload to the website.
d. The Service Provider does not pre-screen Content, but Lightning Sites 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 Service is copyright ©Lightning Sites, 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 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 his 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 only available via email.
g. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Lightning Sites 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. Lightning Sites 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.
Questions about the Terms of Service should be sent to [email protected]