Terms of Service

These Terms of Service ("Terms") govern website design projects, ongoing website care and, where separately agreed, hosted care provided by Vital Sites (ABN 19 357 086 272). An accepted quote or service agreement sets out any project-specific scope and payment milestones; the selected care plan sets out subscription inclusions. If an accepted agreement differs from these Terms on a specific matter, that agreement applies to that matter.

1. Services

We design and build websites and provide ongoing care for websites we build or eligible existing sites. A design, redesign, migration, repair or initial clean-up is a separately quoted project unless expressly included in writing; it is not included merely because a care subscription has been purchased. The published Essential, Care+ and Pro subscriptions cover ongoing care for eligible WordPress websites. Care for another platform requires an agreed custom scope and price. Domains, business email, paid software, photography, copywriting and other third-party charges are separate unless expressly included in your accepted quote or plan.

Every existing website is subject to a fit and condition review. If we identify pre-existing faults, malware, unsupported software, unsuitable hosting or another issue that prevents safe recurring care, we will explain the available options before substantive work begins. If we cannot accept a newly purchased care subscription, we will cancel it and refund the first subscription payment.

Hosted care is available only with an approved Care+ or Pro plan after we review the website and confirm the hosting scope in writing. It combines website care with managed WordPress hosting, SSL, daily host-level backups and a staging environment. Migration into hosting is assessed and quoted separately. Backups support recovery but are not a permanent archive or a guarantee that every change can be restored. Hosting starts on the date we confirm in writing after the site is ready to move; it is not automatically included by selecting a care-only plan.

2. Subscription & Billing

• Care plans are billed in advance — monthly or annually depending on your selection. Design and other project work follow the milestones and payment schedule in the accepted quote
• Online care-plan payments are processed through Stripe; a design quote will state how its project payments are collected
• Care subscriptions auto-renew at the end of each billing period unless cancelled. A design project does not create a care subscription unless you separately choose one
• When hosted care is agreed, its care and hosting charges are billed together on one subscription. If hosting is added to an existing subscription mid-cycle, we will confirm the start date and any pro-rata charge before updating the subscription; the existing renewal date remains unless otherwise agreed
• 14-day Care Plan satisfaction guarantee: new Care Plan subscribers may request a refund of their first subscription payment within 14 calendar days of that payment. The guarantee applies only to the Care Plan subscription fee, including hosted care when both services start together. It does not apply to separately quoted design, redesign, migration or other bespoke work, or to domains and other one-off third-party costs. Adding hosted care to an existing subscription does not start a new 14-day period unless we agree otherwise in writing. See our Refund Policy for details
• Prices are in Australian Dollars (AUD). The amount displayed at checkout is the total payable for that purchase; any optional third-party or separately scoped charge will be disclosed and agreed before it is incurred
• We may adjust future subscription pricing with at least 30 days' written notice. A change will not alter an already-paid period and will apply no earlier than the next renewal after the notice period

3. Cancellation

• Monthly plans: Cancel anytime via the Stripe customer portal or by contacting us. Cancellation stops the next renewal; care and any agreed hosting remain active until the end of the current paid monthly billing period
• Annual plans: Cancel anytime via the Stripe customer portal or by contacting us. Cancellation stops the next renewal; care and any agreed hosting remain active until the end of the current paid annual billing period. Voluntary cancellation does not ordinarily result in a partial refund for unused months (see our Refund Policy)
• You may request an earlier website handover or move to another host during a paid period. We will provide a reasonable export of the site's files and database and cooperate with access and DNS handover; work to migrate or rebuild it elsewhere is quoted separately. An early handover does not itself shorten the paid period or create a pro-rata refund
• At the end of hosted care, the hosting service ends and the site may go offline unless it has moved to another provider. We will arrange removal of our access and handle remaining copies and backups under our retention practices and the hosting provider's normal backup cycle. A separate design project follows its agreed cancellation terms and the Refund Policy

4. Your Responsibilities

As a client, you agree to:

• Provide accurate project information, timely feedback, and suitable website access when needed for the agreed work
• Help us arrange suitable, revocable access for the agreed work. Where the platform supports it, we may ask you to create or invite a dedicated user account, and we can guide you through that process
• Maintain a valid payment method on file
• Notify us of any changes to your hosting, domain, or website structure
• Not use your website for any unlawful purpose
• Ensure you have the authority to grant us admin access to the website
• Provide an appropriate privacy notice for your website visitors and avoid collecting clinical records through the site unless a separate written arrangement has been approved

5. Our Responsibilities

We agree to:

• Perform the services described in your chosen plan with reasonable care and skill
• Keep your website access credentials secure and confidential
• Respond to support requests within the timeframes specified for your plan
• Provide monthly site health reports for Care+ and Pro subscribers
• Use included content-support time for eligible minor changes requested during the billing month; unused time expires at the end of that month and does not roll over
• Notify you promptly of any significant issues with your website

6. Service Limitations

Website performance, availability and security also depend on the hosting provider, domain registrar, platform and third-party services. Hosted care uses a third-party hosting provider and may be affected by maintenance or outages. Support response targets apply during our stated business hours and are not guaranteed resolution times or 24-hour emergency support. Included content support covers minor changes within the monthly time allowance shown for the plan; new pages, redesigns, complex integrations, copywriting and other substantial work are quoted separately. We will use reasonable care and skill in performing the agreed work, but no website can be guaranteed to be permanently available, free of vulnerabilities or recoverable to a particular point in time. Nothing here limits rights that cannot lawfully be excluded.

Pro accessibility checks are practical reviews of key pages for common issues, which may include heading structure, image alternative text, colour contrast, form labels, link and button wording, keyboard focus and mobile readability. These checks are not a formal WCAG conformance evaluation, certification or legal compliance assessment. Broader accessibility testing and remediation are separately scoped.

• You are responsible for the accuracy, legality and clinical suitability of content you approve for publication
• We do not provide clinical, legal or regulatory compliance advice through website design or care

7. Intellectual Property

You retain ownership of your domain, website content and material you provide. Hosted care does not transfer ownership of your website or its data to us. For a design project, ownership or licence of the finished deliverables will be set out in the accepted quote and transferred or granted after final payment, subject to any third-party assets, software or licences. We will identify material third-party dependencies in the handover.

8. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) or equivalent state legislation that cannot be excluded, restricted, or modified by agreement.

9. Governing Law

These Terms are governed by the laws of the Commonwealth of Australia. Any disputes will be subject to the jurisdiction of the courts of Australia.

10. Changes to Terms

We may update these Terms from time to time. We will notify active clients of material changes at least 14 days before they take effect, and provide at least 30 days' notice of a subscription price change. Changes to the price or core scope of an already-paid period require your agreement unless needed to comply with law or address an urgent security issue; otherwise, revised terms apply from the next eligible renewal.

11. Contact

Questions about these Terms? Contact us at hello@vitalsites.com.au