About these terms
These terms cover website design, hosting and updates provided by FreshSite. Your written quote or agreed scope sets out what we will do. If it differs from these terms, the agreed scope takes priority for that work.
We will ask you to accept these terms in writing before we publish your site. An enquiry by itself does not commit you to buying a website.
Your website and monthly service
We agree what your site needs, write the words and build a draft for you to check. Nothing goes live until you approve it.
The monthly plan covers hosting and reasonable changes to your existing site, such as updating words, photos, prices or services. If a request is substantially larger or needs extra features, we will explain why and agree any extra price before starting it.
We take reasonable care to keep your site available and working. We cannot promise uninterrupted service or particular search rankings, enquiries or sales. If a provider has a problem, we will make reasonable efforts to restore service and keep you informed.
Prices and payment
Our pricing page sets out the setup fee, monthly fee and what is included. Your agreed price applies to your order. We will confirm any separate domain, licence or other third-party costs before you commit to them.
The setup fee pays for the design, words and build and is due when the site is completed. Monthly hosting and updates are billed in advance from launch, unless we agree otherwise in writing. We confirm the payment method and billing date with you.
If a payment is overdue, we will email you and give you at least 14 days to put it right before suspending the service. Tell us promptly if you dispute a charge. We will look into it before taking action over the disputed amount.
If you cancel
You can cancel at any time by emailing [email protected]. There is no minimum term or cancellation fee. Cancellation normally takes effect at the end of the monthly period you have already paid for, with no further monthly charges. Tell us if you want the site taken offline sooner.
The setup fee is not refunded simply because you cancel after the completed build has been supplied. If you cancel before the build is completed, we will agree any charge for work already done with you rather than automatically charge the full setup fee.
Monthly fees for a period already started are not normally refunded if you choose to cancel. We refund any payment for future monthly periods that have not started. These rules do not limit refunds or other remedies required by law.
If you want to move the site, ask before the service ends. We will provide a copy of the site files we can supply and reasonable help with domain access or a handover to your chosen provider. Third-party licences and services remain subject to their own terms.
If we stop the service
FreshSite may stop providing the service, including if we close the business or a tool or platform we rely on is no longer available. For a planned shutdown, we will give you at least 30 days of written notice by email.
Before the shutdown date, we will offer you a copy of your site files, reasonable help transferring domain control to you where we manage it, and the option to arrange a handover to another provider. You choose whether to continue elsewhere. A replacement provider may charge its own fees, and some features may need setting up again.
After the notice period, your site may be taken offline and our hosting and updates will end. We will refund prepaid hosting for any time after we stop supplying it. We do not promise to host sites indefinitely or keep files indefinitely after the service ends.
If an unexpected platform failure makes 30 days of continued service impossible, we will tell you as soon as reasonably possible, explain the options and make reasonable efforts to recover and hand over the files available to us. This does not remove any rights you have under law.
Your responsibilities
You confirm you have permission to use the words, photos, logos and other material you supply. Check the draft for accuracy, including contact details, claims about your business and any requirements that apply to your industry.
Keep your email address and domain registration details accurate and respond to domain renewal or transfer requests. We will confirm who is handling renewals. A domain can stop working if it expires.
Do not use the site for unlawful, misleading or infringing content. We may remove or suspend harmful or unlawful material promptly, or where required by law. For other serious breaches, we will explain the problem in writing and normally give you 14 days to fix it before ending the service.
Liability and your legal rights
Nothing in these terms excludes rights or remedies that cannot lawfully be excluded. This includes rights under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 where they apply.
If you acquire our services in trade for business purposes, and both you and FreshSite are in trade, we agree in writing that the Consumer Guarantees Act 1993 does not apply only to the extent section 43 permits and only where it is fair and reasonable. If those conditions are not met, that exclusion does not apply. We do not contract out of the Fair Trading Act 1986.
Subject to those protections, our total liability for claims arising from the service is limited to the fees you paid FreshSite for the affected service in the 12 months before the event giving rise to the claim. To the extent lawful, we are not liable for indirect or consequential loss, such as lost profit or business opportunities. These limits do not apply to fraud or deliberate wrongdoing.
Privacy
We collect the contact details, enquiry information, content and correspondence you give us to answer enquiries, build and support your site, manage billing and keep records. We may use service providers for hosting, email, forms and payments, including providers outside New Zealand, and share information with them as needed for those purposes.
We take reasonable steps to protect personal information and keep it only as long as needed for those purposes or required by law. You can ask to access or correct personal information we hold about you, or raise a privacy concern, by emailing [email protected].
If your site collects personal information, you are responsible for telling your visitors how your business uses it. We can help add your privacy wording to the site.
Changes to these terms
We may update these terms. We will email you at least 30 days before a change that materially affects your ongoing service, including a price change, takes effect. Changes will not retrospectively alter a completed build or remove rights you already have. You can cancel before a change takes effect.
New Zealand law and contact
New Zealand law applies. If something goes wrong, email [email protected] so we can try to resolve it fairly. The New Zealand courts have jurisdiction, without limiting any right to use the Disputes Tribunal or other mandatory legal protections.
FreshSite, Wellington, New Zealand. Email [email protected].