Terms of Service

Last updated: March 2026

These Terms of Service ("Terms") govern your use of the services provided by FreshSites ("we", "us", "our") through the website freshsites.com.au. By using our services or engaging with us, you agree to be bound by these Terms.

1. Service Description

FreshSites provides professional website design, development, and hosting services for local businesses across Australia. Our services include:

• Custom website design and build
• Website hosting on Cloudflare infrastructure
• Unlimited revisions and content updates
• 24/7 customer support
• Ongoing website maintenance

2. Plans and Pricing

We offer three subscription plans. All plans include $0 setup fee, unlimited revisions and updates, and 24/7 support.

Prices are in Australian Dollars (AUD) and are inclusive of GST where applicable. We reserve the right to change pricing with 30 days' written notice to existing subscribers.

3. Payment Terms

• All payments are processed securely via Stripe
• Subscriptions are billed monthly on the anniversary of your sign-up date
• Payment is due at the start of each billing period
• If a payment fails, we will attempt to retry and notify you. Continued non-payment may result in suspension of your website

4. Cancellation

Monthly Plan

You may cancel your Monthly plan at any time. Your website will remain live until the end of your current billing period. No refunds are provided for partial months.

6-Month Plan

The 6-Month plan requires a minimum 6-month commitment. You may cancel after completing your 6-month term. Early cancellation during the term will result in the remaining months being charged at the standard Monthly rate ($199/month), with any difference payable immediately. After the initial 6-month term, the plan continues on a month-to-month basis and can be cancelled at any time.

Growth Plan

You may cancel your Growth plan at any time. Your website and automations will remain active until the end of your current billing period.

5. Website Ownership and Content

• Your content — you retain full ownership of all text, images, logos, and other materials you provide to us. You grant us a licence to use this content solely for the purpose of building and hosting your website
• Website design — the website design, code, and templates created by FreshSites remain our intellectual property while your subscription is active. Upon cancellation, we can provide an export of your website content upon request
• Domain names — if you use your own domain name, you retain full ownership. We will assist with DNS configuration but do not claim any rights over your domain

6. Demo Websites

We may create demo websites for prospective clients to showcase our capabilities. Please note:

• Demo sites are previews only and are not guaranteed to remain live
• Demo sites may use publicly available information from Google Business profiles
• Demos that do not convert to paid subscriptions will be removed within 30 days
• If you do not wish to have a demo site created for your business, contact us and we will remove it promptly

7. Your Obligations

By using our services, you agree to:

• Provide accurate and lawful content for your website
• Not use the website for any illegal, fraudulent, or harmful purpose
• Not upload malware, spam, or content that infringes on third-party rights
• Keep your account and payment information up to date

8. Service Availability

We strive to maintain high uptime for all hosted websites. However, we do not guarantee 100% availability. Downtime may occur due to maintenance, updates, or circumstances beyond our control. We will notify you in advance of any planned maintenance where possible.

9. Limitation of Liability

To the maximum extent permitted by law:

• FreshSites is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services
• Our total liability for any claim arising from these Terms is limited to the total amount you have paid us in the 3 months preceding the claim
• We are not responsible for any loss of business, revenue, or data resulting from website downtime, errors, or service interruptions

10. Indemnification

You agree to indemnify and hold FreshSites harmless from any claims, damages, or expenses arising from your use of our services, your content, or any breach of these Terms.

11. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Our services come with guarantees that cannot be excluded under Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

12. Governing Law

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

13. Amendments

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last updated" date. Continued use of our services after changes take effect constitutes acceptance of the revised Terms. For material changes, we will provide 30 days' notice via email.

14. Contact Us