TERMS OF SERVICE
Last updated: 6 April 2018
Welcome to the website https://www.perfectosites.com (the “Website”) owned and operated by Perfecto Sites! These Terms of Service apply to our Customers.
By accessing, browsing and using our Website and/or Services, you agree to proceed on the basis of these Terms of Service. If you do not agree to be bound by these Terms of Service, you shall not use or access this Website and our Services. Please read them carefully.
This Website does not constitute and shall not be regarded as a recommendation or endorsement of the quality, service level, qualification of any online service or other information displayed on the Website.
“Customer” refers to any person who has access to the Website and Services and the terms ‘you’, ‘your’ are used throughout these Terms to refer to the Customer;
“Perfecto Sites” means Perfecto Sites (ABN 30 667 823 204), located at 19 Wellington Street, Bondi, Sydney, Australia;
“Services” refers to the service being provided by Perfecto Sites through the Website, our mobile applications and any other lawful means;
“Terms” means these Terms of Service as amended from time to time.
3. USE OF SERVICES
Unless otherwise stated, the Service is a subscription service and the website platform setup for the Customer is available subject to subscription payments made by the Customer or buyout of the Service.
When using our Services, you confirm and agree that:
you will not use our Services in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
you will use the Website in a manner that is ethical and in conformity with community standards;
you will respect the privacy of other Customers;
you are under 13 years of age or, if you are a legal entity, you have the full legal capacity and applicable consent to make transactions with Perfecto Sites;
you will not use our Services to access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.
If we have reasons to believe that your use of this Website is fraudulent and/or illegal, we are entitled in our sole discretion to terminate, suspend or discontinue our Services without any refund to you. If you have conducted any fraudulent and/or illegal activity, Perfecto Sites reserves the right to take any necessary legal action and you may be liable for monetary losses to Perfecto Sites.
4. CUSTOMER COMMUNICATION
You agree to provide us with such other information relating to your use of the Service as we deem necessary or desirable.
You agree to notify us if your address, email address, telephone number or billing information changes.
5. FEES FOR SERVICES
Our fees for the Services are available on the Website. By purchasing the Services, you agree to accept the fees which Perfecto Sites may revise or update in its sole discretion from time to time. You authorise Perfecto Sites and our service provider to deduct any applicable fees from your funds at the time you make a given transaction.
Some Services on the Website may be subject to supplemental services or features, additional website customisation and purchases. By purchasing additional services, you agree to accept the fees for additional services and you authorise Perfecto Sites and our service provider to deduct any applicable fees from your funds at the time you make a given transaction.
Our fees are exclusive of taxes, duties, network fees and other charges. The Customer is solely responsible for payment of all taxes and any related interest and/or penalties resulting from any payments made hereunder.
Unless otherwise stated, our Services are subject to monthly subscription. The Customer will be charged with their credit cards the full monthly charge for the service in advance. The Customer authorises Perfecto Sites to charge the applicable amount on Customer’s behalf. If the Customer no longer wishes to use our Hosting Services, the Customer may arrange for us to transfer their website to their own host. The cost of website hosting transfer is USD $2,000 and the Customer can request it by contacting us at Info@PerfectoSites.com.
The Customer agrees to provide us with a valid credit card information and update such information in case of any amendments to payment details.
We will send you the transaction receipt by email in order to confirm the Services. Please contact us if you fail to receive the receipt. You are responsible to make sure that the payment was done properly. If you believe that the payment was made incorrectly, you agree to contact us at Info@PerfectoSites.com. Failure to do so, constitutes your consent with the payment amount.
6. CHANGES TO FEES
Fees for the Services, including but not limited to monthly subscription 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 on the Website.
7. REFUNDS AND CANCELLATION OF SERVICES
Our Services are non-refundable unless the pricing terms for the applicable Service expressly states otherwise. We will not provide any refunds for service upgrade or downgrades or refunds for unused month(s). If the Customer requests service upgrades/downgrades, it will be provided with the adjustment applied for the next renewal term of the subscription.
Downgrading your service may cause the loss of content, features or capacity of your account. We shall not be responsible for any such loss.
If the Customer wishes to unsubscribe from the Services, the Customer has to terminate the subscription before the renewal term, otherwise our service provider will continue to renew the subscription automatically on the due date. You agree to properly cancel your subscription using the unsubscribe form. We will not accept the cancellation through phone, email, social media message or any other request.
8. TECHNICAL SUPPORT
Technical support is only provided to paying account holders and is only available via email.
Generally, you do not need to register an account if you want to order our Services. If you create an account with us, you agree to provide us with your legal full name, a valid email address, and any other information requested. You are responsible for maintaining the security of your account and password. Perfecto Sites cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
10. YOUR CONTENT
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 Perfecto Sites for the construction of your website and for any content you upload to your website.
As a general rule Perfecto Sites is not obliged to check or review your Content, however Perfecto Sites reserves the right to refuse or remove any Content that is available via the Service in its sole discretion.
11. TERMINATION OF SERVICES AND/OR ACCOUNT
Perfecto Sites reserves the right to terminate the Services or your account:
If you fail to settle any fees due for longer than 7 days;
We will not refund you if we terminate our Services due to the above reasons. You shall be solely liable for any loss of content if the Service is terminated.
12. INTELLECTUAL PROPERTY
This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the Website. Any reproduction of the Website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website.
Customer is responsible for all of its activity in connection with the Service. Customer shall defend, indemnify, and hold harmless Perfecto Sites, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from Customer’s (i) use or misuse of the Service; (ii) access to any part of the Service, or (iii) violation of these Terms.
14. NO WARRANTIES
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE AND ANY SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PERFECTO SITES MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. PARTICULARLY, PERFECTO SITES MAKES NO WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY DATA PRESENTED VIA THE SERVICE. CUSTOMER’S USE OF THE SERVICE IS SOLELY AT CUSTOMER’S OWN RISK.
15. LIMITATION OF LIABILITY
IN NO EVENT SHALL PERFECTO SITES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY DATA OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY DATA OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF CUSTOMER’S USE OF ANY SERVICE OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE SERVICE, OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.). In addition, Perfecto Sites shall not be liable for any loss or liability resulting, directly or indirectly, from Customer’s inability to access or otherwise use the Service (including, without limitation, any delays or interruptions due to electronic or mechanical equipment failures, denial of service attacks, data processing failures, telecommunications or Internet problems or utility failures. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
16. CHANGES TO TERMS
From time to time we may change or modify these Terms including for legal, regulatory or security reasons at any time and for any reason. We will post the updated version of the Terms on our Website, it is your responsibility to check the Terms for changes. If you do not agree to any changes of the Terms, then you can simply stop using the Website at any time. Otherwise, by continuing to access or use the Website, you are indicating that you agree to be bound by the updated version of the Terms.
18. APPLICABLE LAW
Your use of this Website and any dispute arising out of your use of it is subject to the laws of New South Wales.
Any notice or other communication given or made under or in connection with the matters contemplated by these Terms shall be in writing and sent electronically.
Any such notice or other communication shall be sent to the following address: Info@PerfectoSites.com.
You agree that all agreements, notices, demands, disclosures and other communications that Perfecto Sites sends to you electronically satisfy the legal requirement that such communication should be in writing.
20. GENERAL PROVISIONS
Nothing in these Terms shall be interpreted as agency, partnership, joint venture, mutual activities, employment, franchiser-franchisee or any other relations not directly stated in these Terms.
If any provision of the Terms is held to be invalid, non-binding or unenforceable, the remaining provisions shall remain valid and be enforced.
These Terms constitute the entire and exclusive understanding and agreement between you and Perfecto Sites regarding the Website and Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without prior written consent of Perfecto Sites. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Perfecto Sites may assign or transfer these Terms, in its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
The failure of Perfecto Sites to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.
Perfecto Sites may disclose the Customer’s identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and Perfecto Sites shall not be liable for damages or results thereof and Customer agrees not to bring any action or claim against Perfecto Sites for such disclosure.