Terms of Service for Paigefy

Welcome to Paigefy. These Terms of Service (“Terms”) govern your access to and use of our website paigefy.com.au and the website creation, hosting, and related services provided by Paigefy (ABN 25 545 382 512) (“Paigefy”, “we”, “us”, or “our”). By using our Service, you (“you”, “your”, or “Client”) agree to be bound by these Terms. If you do not agree, you must not use our Service.

These Terms are entered into pursuant to the Electronic Transactions Act 1999 (Cth) and constitute a legally binding agreement.

1. Description of Services

Paigefy provides a “done-for-you” website creation and hosting service for local Australian businesses. This includes:

• Custom website design and development.
• SEO setup and optimisation.
• Managed hosting with SSL certificate.
• Ongoing website maintenance and support.
• Optional add-ons, including online booking systems and contact form / lead capture functionality.
• 48-hour delivery from the time of order (subject to receipt of all required business information from you).

Paigefy reserves the right to update or modify the Services available with reasonable notice to active subscribers.

2. User Responsibilities

• Accurate Information: To provide the Service, you must supply us with accurate and complete information about your business (e.g., business name, category, location, images, and any other content requested).
• Content Ownership: You are responsible for ensuring all information and materials you provide are accurate and that you have the right to use any branding, logos, or images supplied.
• Timeliness: Our 48-hour delivery commitment begins only once we have received all required information from you.
• Lawful Use: You must not use our Services for any unlawful, fraudulent, or harmful purpose or in a way that violates any applicable laws.

3. Fees and Payments

• Setup Fee: A one-time setup fee is charged at the commencement of the project. The amount is disclosed on the payment page prior to checkout.
• Monthly Subscription: An ongoing monthly fee is required to keep your website live, hosted, and maintained. The amount is disclosed prior to payment.
• Add-on Fees: Optional add-ons (e.g., booking system, contact form) are charged as separate monthly subscriptions. Amounts are disclosed prior to purchase.
• GST: All prices are displayed in Australian Dollars (AUD) and include GST where applicable.
• Payment Processing & Security: All payments are processed securely via Stripe, Inc. (PCI-DSS certified). Paigefy does not store raw card numbers or sensitive payment credentials on our servers. By purchasing, you authorise us to charge your payment method for the setup fee and any recurring monthly subscription.
• Refund Timeline: Approved refunds are processed to your original payment method within 5-10 business days.

4. Subscriptions and Cancellations

• 24-Hour Cancellation Right (Before Work Commences): You have the right to request a full refund within 24 hours of placing your order, provided Paigefy has not yet commenced work on your website. “Work commences” is defined as the point at which you accept our initial proposal or we begin design/development. To cancel within this period, contact us at support@paigefy.com.au within 24 hours of payment.
• Monthly Subscription Cancellation (After Work Commences): You may cancel your monthly subscription at any time after work has commenced by contacting us at support@paigefy.com.au or via the Stripe customer portal.
• Cancellation Effect: Cancellation takes effect at the end of the current billing period. Your website remains live until that date, after which it will be taken offline.
• No Lock-in Contracts: There are no lock-in contracts for monthly subscriptions. You are free to cancel at any time (subject to the 24-hour cancellation window for the initial setup fee).
• Reactivation: If you wish to reactivate a cancelled website, a reactivation fee may apply.

5. Refund Policy and Service Guarantees

48-Hour Delivery Guarantee: Paigefy commits to delivering your website within 48 hours of your agreed delivery date, provided you have supplied all required business information and approved the final design. If your website is not delivered within this timeframe and we have not agreed to extend the deadline, you are entitled to request a full refund of your setup fee.

Australian Consumer Law Guarantees: Under the Australian Consumer Law (Schedule 2, Competition and Consumer Act 2010 (Cth)) (“ACL”), you are entitled to consumer guarantees which cannot be excluded. These include that:

• Our services will be rendered with due care and skill
• The services will be fit for the purpose for which they are supplied
• The services will be delivered within a reasonable time

Breach of Consumer Guarantees: If a service we provide fails to meet a consumer guarantee under the ACL, you may be entitled to a remedy, which may include repair, replacement, or refund. Refund requests are assessed on a case-by-case basis in accordance with the ACL. We will not unreasonably deny a refund where the ACL requires one. For defects or breaches, contact us with full details within 30 days of discovering the issue.

Monthly Subscription Refunds: Monthly subscription fees for completed billing periods are not ordinarily refundable unless the ACL applies (i.e., the services fail to meet a consumer guarantee).

To request a refund or claim a remedy, contact us at support@paigefy.com.au with full details of your claim. We will respond within 10 business days. Approved refunds will be processed to your original payment method within 5-10 business days.

6. Intellectual Property

• Your Content: You retain ownership of all original content, logos, images, and branding you provide to us.
• Our Platform: Paigefy retains ownership of the underlying software, code, templates, tools, and proprietary systems used to build and host your website.
• Licence: Upon receipt of full payment, we grant you a non-exclusive, non-transferable licence to use the website created for your business for the duration of your active subscription.
• Attribution: Paigefy may include a “Powered by Paigefy” attribution on your website unless you have specifically requested its removal and we have agreed in writing.

7. Domain Names

• If Paigefy registers a domain name on your behalf, you are the beneficial owner of that domain.
• If you cancel your service, you may request a transfer of your domain to another registrar, subject to any transfer fees or cooling-off periods imposed by domain registries.

8. Service Availability

While we strive for high uptime, we do not guarantee that the Service will be uninterrupted or error-free. Scheduled maintenance, hosting provider outages, or circumstances beyond our control may result in temporary unavailability. We will use reasonable endeavours to restore access promptly and are not liable for any losses resulting from temporary downtime.

9. Limitation of Liability

To the maximum extent permitted by law, Paigefy excludes liability for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, arising out of or in connection with your use of the Service.

Nothing in these Terms limits or excludes any rights you have under the ACL that cannot be excluded by contract.

Where our liability cannot be excluded, it is limited to the re-supply of the relevant Services or the payment of the cost of re-supplying the Services, at our election.

10. Indemnification

You agree to indemnify, defend, and hold harmless Paigefy, its directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms or your misuse of the Services.

11. Termination

Either party may terminate these Terms by cancelling the subscription as described in clause 4. Paigefy may also suspend or terminate your access immediately and without notice if you breach these Terms or if we reasonably believe your use poses a risk to the platform or others.

Upon termination, clauses relating to intellectual property, limitation of liability, indemnification, and dispute resolution survive.

12. Dispute Resolution

Informal Resolution: If a dispute arises, you agree to first contact us at support@paigefy.com.au with full details of your complaint. We will respond within 10 business days and attempt to resolve the matter in good faith. Most disputes can be resolved through direct communication.

Formal Complaint Process: If the dispute cannot be resolved informally within 30 days, you may lodge a formal complaint with the Australian Competition and Consumer Commission (ACCC) at www.accc.gov.au or call 1300 302 502. The ACCC can assist with consumer protection matters under the Australian Consumer Law.

Governing Law & Jurisdiction: These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales. This does not limit your rights to take action in any applicable jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before the changes take effect. Your continued use of the Services after that date constitutes your acceptance of the updated Terms.

14. General

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Paigefy in respect of the Services.
• Severability: If any provision is found invalid or unenforceable, it will be severed and the remaining provisions continue in full force.
• Waiver: A failure to exercise any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights in connection with a sale or transfer of our business.