Terms of Service

This Service Agreement ("Agreement") is between A1 Local (ABN [INSERT YOUR ABN]) ("We", "Us", "Service Provider") and the Subscriber ("You", "Client").

By signing up for an A1 Local website package, you agree to be bound by the following terms.

1. The Service

We provide a "Website-as-a-Service" (WaaS). Unlike a traditional agency that charges a large upfront fee, we provide a fully managed digital presence for a flat monthly subscription.

1.1 What is included:

• Design and development of a high-performance website.
• Hosting on a Global Edge Network (CDN).
• SSL Security Certificate (secure padlock).
• Weekly software updates and technical maintenance.

1.2 What is NOT included (unless specified in your plan):

• Graphic design (logos, branding) unless quoted separately.
• Photography or video production.
• Content Edits: On the Standard Plan ($149), content edits (changing text/images) are billed at $100/hr + GST. On the Growth Plan ($299), standard content edits are included.

2. Contract Term & Billing

2.1 Minimum Term

All plans come with a 12-month minimum commitment. This covers the significant upfront cost we invest to design and build your website for $0 setup fee.

2.2 The "Ghosting" Clause (Billing Start Date)

Your subscription billing commences on the Billing Start Date, which is defined as the earlier of:

• The day your website goes live; OR
• 30 days after you sign up.

Why do we do this? Sometimes clients get busy and forget to send us their photos or text. This clause ensures we are not left waiting indefinitely. If you delay sending content, your billing will still begin 30 days after signup.

2.3 Payments

• Payments are processed automatically via Stripe.
• All prices quoted are Exclusive of GST unless stated otherwise.
• If a payment fails, we will attempt to retry 3 times. If payment remains outstanding for more than 14 days, your website may be temporarily suspended until the balance is cleared.

3. Ownership & Intellectual Property

(The "Lease-to-Own" Model)

3.1 Months 1–24 (The Lease)

During the first 24 months of active subscription, the website design, code, and template remain the property of A1 Local. You are licensing the use of the site.

• You retain full ownership of your own logo, images, and text content.
• You cannot take the code to another host during this period.

3.2 Month 25+ (Vesting/Ownership)

After 24 successful monthly payments, full ownership of the website code and design license automatically transfers to you.

• Option A: You can stay with A1 Local (we continue managing hosting/security for the same monthly fee).
• Option B: You can cancel and move the site to your own hosting. We will provide a ZIP file of your website assets upon request.
• Option C (Refresh & Renew): You can opt for a complete website redesign at no additional setup cost. Your 24-month lease period restarts from the redesign date, and you continue at the same monthly rate. This is ideal if your business has evolved and you want a fresh look without the hassle of finding a new provider.

4. Cancellation Policy

4.1 Cancellation during the First 12 Months

If you wish to cancel within the first year, you must pay out the remainder of the 12-month minimum term.

Example: If you cancel at Month 6, you will be invoiced for the remaining 6 months as a lump sum "Buyout Fee."

4.2 Cancellation between Month 13 and 24

You may cancel with 30 days' written notice. However, as you have not hit the 24-month ownership threshold, you cannot take the website code with you. The site will be taken offline at the end of the billing period.

4.3 Cancellation after Month 24

You may cancel with 30 days' written notice and take the website code with you.

5. Client Responsibilities

5.1 Content Liability

You agree that you own the rights to any text or images you provide to us. You agree to indemnify A1 Local against any legal claims arising from content you provide (e.g., if you send us a photo you don't own the copyright to).

5.2 Communication

You agree to provide feedback and content in a timely manner. Delays in providing content do not pause the billing cycle (see Clause 2.2).

6. Limitation of Liability

6.1 Australian Consumer Law

Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). Nothing in these terms purports to modify or exclude the non-excludable guarantees required by law.

6.2 Service Interruptions

While we utilize enterprise-grade hosting (99.9% uptime target), we are not liable for temporary downtime caused by third-party infrastructure (e.g., AWS outages, DNS propagation). We do not guarantee specific Google Rankings or traffic numbers, as these are influenced by third-party search engines.

7. General

7.1 Jurisdiction

This Agreement is governed by the laws of [INSERT STATE], Australia.

7.2 Portfolio Use

You agree that A1 Local may feature your website in our portfolio and place a small "Designed by A1 Local" credit in the footer of your website.