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TERMS + CONDITIONS

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Effective Date:January 2025
 

1. License and Ownership

  • Template License: Kwicksites provides clients with a license to use a semi-customised template, tailored to reflect their unique branding (fonts, logos, colors, content, images, and videos). This license is not transferable, and the template remains under Kwicksites' ownership.

  • Client Content Ownership: All content provided by the client, including logos, images, videos, and written materials, remains the intellectual property of the client. Kwicksites claims no ownership or rights over this content.

  • Hosting Requirement: Hosting services are exclusively managed by Kwicksites, and continued access to the website is contingent on maintaining an active hosting subscription.
     

2. Editing Services

  • Monthly Minor Edits: Each client is entitled to up to 15 minutes of minor edits per month, included as part of their monthly hosting package. These edits cover changes that clients are unable to make themselves due to limitations within the respective CMS platforms (Wix or Webflow).

  • Additional Editing Requests: For editing needs that exceed 15 minutes, Kwicksites will provide a quote based on the specific requirements.

  • Client CMS Access: Clients will have CMS access (Wix or Webflow) to make updates independently. Kwicksites is available for support on a quote basis for extensive updates or changes.
     

3. Service Limitations and Liabilities

  • Website Performance: Kwicksites will strive to maximise website uptime; however, as hosting is managed by third-party platforms (Wix or Webflow), Kwicksites does not control platform-related downtime or performance.

  • Client Responsibilities: Clients are responsible for the accuracy, legality, and ethical integrity of their content. Kwicksites holds no liability for inaccuracies or issues arising from client-provided content. Clients may also be responsible for managing specific third-party plugins or custom code integrations as needed.

  • Unauthorised Modifications: Kwicksites is not liable for issues caused by client modifications intended to bypass or hack systems.

  • Third-Party Integrations: Kwicksites may assist with integrating third-party tools upon client request; however, Kwicksites is not responsible for the performance, reliability, or data accuracy of these tools and cannot be held accountable for third-party system downtimes or errors.

  • Limitation of Liability: If downtime exceeds five business days due to Kwicksites' actions, liability is limited to the standard monthly hosting fee. Errors created by Kwicksites will be addressed in good faith with the client.

  • Compensation for Negligence-Related Costs: In the event that Kwicksites incurs financial costs due to a client’s failure to uphold legal responsibilities, including but not limited to IP infringement or regulatory compliance, the client agrees to compensate Kwicksites for all associated expenses. This includes any fees, time, and labor necessary to address the resulting issues.
     

4. Termination and Suspension of Service

  • Termination Notice: Either party may terminate the agreement with a 1-month notice within the respective billing period.

  • Non-Payment Suspension: Failure to pay for monthly hosting will result in suspension of services and website access. Kwicksites will attempt to communicate via email and phone before any suspension.

  • Immediate Termination for Illegal or Infringing Content: Kwicksites reserves the right to cancel and take down, with immediate effect, any website found to display illegal content or content that infringes upon a third party’s intellectual property rights, including copyright and trademarks. This action aligns with Kwicksites’ commitment to upholding copyright and IP laws as outlined in Section 6, and Kwicksites assumes no liability for content violations stemming from client actions.
     

5. Legal Jurisdiction

  • Australian Law Compliance: Kwicksites is an Australian-owned and operated business, and as such, all services provided by Kwicksites, including website hosting and data handling, are governed by Australian commerce and data protection laws.

  • Additional Jurisdictions: Clients based outside Australia should be aware that their websites may also fall under additional legal jurisdictions in their home countries. Kwicksites cannot be held liable for any compliance issues or legal implications that arise due to foreign regulations.

  • Responsibility for Compliance: Kwicksites is not responsible for ensuring that client websites comply with international laws outside of Australia. Clients are encouraged to seek their own legal guidance regarding any local laws or regulations relevant to their operations.
     

6. Copyright and Intellectual Property Infringement

  • Client Responsibility for Content: Kwicksites is not liable for any content provided by clients, including but not limited to text, images, logos, and videos. Clients are solely responsible for ensuring that all materials they supply comply with copyright and intellectual property laws.

  • Seriousness of IP Infringement: Kwicksites takes copyright and intellectual property rights seriously. Any client found to be in violation of these laws through unauthorized use of copyrighted material will be subject to immediate termination of services.

  • Immunity from Liability: Kwicksites will not be held liable for any copyright infringement claims related to client-provided content. In cases of infringement, Kwicksites will cooperate with legal requirements and remains exempt from prosecution related to content supplied by clients.

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