Terms of Service - a3 Fast Websites

By signing up, you agree to the following Terms of Service for the use of a3 Fast Websites services:

This Agreement is between A3REV Pty Ltd ATF The Trustee For The Truman Family Trust T/AS A3REV Software, (hereafter referred to as “Service Provider”) and all its subscribers (hereafter referred to as “the client” or “clients”) unless the context requires otherwise.

The Service Provider agrees to provide the Client with;

A website built and launched on the latest WordPress Block Technology
Selected Monthly Service Plan
Any selected (optional) additional services packages.

The Client agrees:

To pay fees incurred for using the Service Providers services, including but not limited to:

One-off Pre-payment of their chosen website setup package.
Monthly service plan fees;
Any Monthly Additional Packages selected;
Any additional pre-agreed website customizations;
Any third-party license for premium software that the client wants to use that is outside of our offering.

This Agreement and the Client’s use of a3 Fast Websites’ services shall become effective on the date the client submits an order and payment for the said service.

Unless amended or termination notice is submitted by the Client, in accordance with the provisions laid out in Section Fifteen (15), this agreement shall continue to exist and bind the parties under the same terms and conditions as herein agreed.

Tasks that require action on the Client behalf are underlined

The Client will submit any and all the necessary content (if applicable) to build the ordered website in a timely manner.
If the client has an existing site they will provide administrator access to the site, and where applicable, cPanel and FTP access.
a3 Fast Websites development team will not start the website build until receipt of sufficient content to begin.
A3 Fast Websites will provide a link by email to a shared Dropbox folder for uploading images, videos or any other files to large to send via email.
The new website will be built on a development server with a live URL example name.a3de.info
You will be advised by email on the day that work starts on the new site.
The Build Time guarantee (10,15,20 working days) will commence from the starting day and end on the day that you are invited to review the site.
Once the site is ready for review you will receive an email with links to the site and detailed explanation of the design, layout and calls to action features of the new site.
The development site can be reviewed in any device, Desktop, Laptop, Tablet and Mobile.
Upon review, changes, modifications or edits that you require (if any) must be submitted by email or text. We need a written record of requested changes.
Once the changes have been made you will be asked by email to check those.
It is important to note that the new site is nowhere near as fast as it will be when migrated to your high performance production VPS (Virtual Private Server)
You will not have access to the backend of the site until after the site live launch.
Once you are ready for your new site to go live you need to notify us by email. Launch takes a full day so we need to be able to schedule it.
Your chosen monthly Service plan will commence 30 days after the first review date regardless of if the site is still on the dev server or is live.

Tasks that require action on the Client behalf are underlined

The client will supply us with access to the domain name registrar or DNS host (or the person who manages that) to point the domain to the new server.
Client will advise if there is email with the domain name and where it is hosted.
Client will provide access to their Google Business Account, Google Analytics Account, Google Search Console and Bing Webmaster Tools accounts.
Client will provide access to any other third-party tools for integration example Facebook Business account for installing their pixel.
Conduct a Google Core Web Vitals Audit on the old site, for comparison.
Create a list of all the old site pages and posts to ensure that they are mapped to the new site for Search Engines
Check with Client and ensure that they know and agree with the day and time of launch.

The website launch will typically take a full day to complete. below is a list of task that the supplier will complete.

Set up and configure the Clients Virtual Private Server (VPS)
Configure the server software for high performance.
Configure the VPS firewall imunify-360 security
Create, install and configure A Grade SSL Certificate.
Map domain to point to the clients new VPS.
Take a full backup of the OLD site.
Migrate the website from the staging server to the new production server
Run a series of tests on the site in all devices.
Run the first Google Core Web Vitals Audit and begin the site optimization
Set up Webp packages to auto convert all images to Webp Format.
Optimize and tweak site images and scripts for 90+ Scores in Performance, Accessibility, Best Practice and SEO in Google Core Web Vitals Audits
Set up website and server caching for high performance.
Install and configure auto Redirections to monitor URL changes and do 301 redirects for SEO
Run tests on any and all email forms and calls to actions to ensure everything is working.
Install and Configure Wordfence security (Free version)
Configure Wordfence automated malware scanning and run the first scan.
Set up the Clients dedicated Amazon S3 Storage Bucket for secure off site backup storage and retrieval.
Install and configure automated Full site and database backup schedules with a copy stored on the server and also in the Amazon S3 Bucket.
Install Yoast SEO software (Free Version) and Configure.
Create or add a default SEO Meta description that is applied to all pages and can be edited on each page.
Optimize the sites Home page for Search Engines. The Keyword phrase is the site title.
Create a default site image that is 1024px by 512px for sharing posts to fakebook and X (formerly Twitter).
Add site Favicon
Set up and Configure sites XML Sitemap for Search Engines.
Install Video Tutorials and Manuals on the site for self learning.
Set up administrator accounts with two factor authentication (2FA).
Send new site Core Web Vitals Audit results with Old site Comparison to the client.

Below is checklist of tasks that the supplier will complete to allow the client to easily monitor traffic to their site, from the sites backend.

Create or Access Google Analytics Account
If not created, create the site G4 Tracking Stream with site appropriate parameters
Create or Access the Google Search Console.
If not already done authenticate the site with Google
Upload XML Site map to Search Console.
Request a site wide reindexing by Google.
Link the Search Console to the Analytics account (So you can see top keywords in Google Site Kit)
Install Google Site Kit on Website and Connect it to the Analytics account.
Test that the Google tags are firing properly.
Create or access Bing Webmaster Tools account
Submit XML Site map to Bing
Request site indexing from Big Webmaster Tools.
Run a Bing SEO audit on home page and make any required adjustments.

A3 Fast Websites shall take all reasonable measures to ensure the website and database is secure and protected. In doing so the client understands and acknowledges that:

Their website will be secured and protected by the Free version of the Wordfence security plugin.
The client at their own expense can opt to upgrade Wordfence to the Premium version. It is the clients responsibility to purchase the subscription directly from Wordfence and supply us with the API key.
Their website will have auto backups enabled, with Full site backups, database backups and incremental backups stored in a dedicated Amazon S3 Bucket.
These backups will be used by the service provider as restore points in the case of a hack or other disaster requiring recovery of the website and data.

From experience below are aa list of potential ‘bottlenecks’ that can disrupt, delay or even derail as successful site build and launch. The check list below addresses each one and the repercussions of each one.

Once the first review is completed and actioned any requested design deviations after that will incur additional fees outside the initial setup paid.
Our guaranteed delivery timeline of (10) ten business days for Rebuilds will no longer apply if the Client fails to provide at a minimum full administrator access to their existing sites backend.
Our guaranteed delivery timeline of (20) business days for Rebuild & Redesign and New Builds will no longer apply should the Client fail to submit the required existing site access (if one exists) and new content within (3) three weeks after the planning meeting.
Our guaranteed delivery timeline of (30) business days for Online Store Builds will no longer apply should the Client fail to submit the required existing site access (if one exists) and new content within (3) three weeks after the planning meeting.
In all 3 cases, the Client’s order will go back into the queue to await another available slot in our development schedule and a3 Fast Websites will no longer be responsible for the delay.
Should the Client fail to submit the necessary content / access within 6 months after the planning meeting or from the date of the order (if there was no planning meeting conducted due to the fault of the Client), the order shall be placed on hold; or if Client requests to put the project on hold for whatever purpose it may serve, then the Client will be required to pay a restart fee of $500 or the difference between current pricing packages and the amount previously paid (if applicable), whichever is higher.

Our Monthly Service plans are designed to be a ‘Turn Key’ package for the clients business, they include:

Server – In country high performance Virtual Private Web Server (VPS) with dedicated resources (not shared)
Server – The VPS is protected against hackers and bots by the world’s premier AI (Artificial Intelligence) firewall security
Server – Full Web Server Maintenance, software and hardware, including 24x7x365 support by phone or email.
Website – Backups / Disaster Recovery – The website is on an automated backup schedule.
Website – Backups store on server and for extra security off site in a secure Amazon Cloud
Website – Security – Protected by Website firewall that is monitored via email alerts
Website – Software – We maintain all of the site’s software and keep it up to date with the latest releases.
Website – Bug Fixes, excluding third party software (any that we have not built).
Website – 24x7x365 Customer care Support via phone or email.
Website – Performance Monitoring

Note! 25% of monthly service fee accumulates as a credit that can be used to offset against any additional works that the customer wants done – see section 10 for more details.

25% of the Customers Monthly Service plan is applied as a credit to the customers account.

Credit can be put towards;

Custom development work example building or adding a new feature to the site.
Adding new content that you want uploaded to the site
Tasks arising from the 24 monthly review.

For example, a Clients on the Turnkey Plan have spent $3,960 over the previous 24 months ($165 / month) would have $990 worth of credit available ($3,960 “Total Money Spent” / 25%). They could choose to purchase 7 hours 30 minutes ($990 “Credit” / $132 “Hourly Rate”) of development time, or 3 hours 15 minutes annually to use on any task.

Customers are eligible for a Complimentary website review each 24 months
Review will be conducted via Zoom and the client should book a Time using the website Booking Gadget.
The complimentary review is limited to 30 minutes

All 24 Month refresh or rebuild requests will be queued and catered from when the next website developer becomes available.

The Client shall provide a valid credit card / Debit card prior to and during any time the Client receives services.

A valid credit card / debit card is required for paying accounts.

The clients credit card / debit will be charged the monthly service plan fee in advance. This will stay in place long as the Client stays on the service or cancels the service.

The service is billed at the beginning of each month of subscription and is non-refundable. There shall be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

Receipts for the payment transactions will be emailed directly to the Client through Stripe.com, the secure payment merchant of the Service Provider.

The Client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.

The Client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due.

Any billing problems or discrepancies must be brought to Service Providers attention within sixty (60) days from the date the Client is billed. If the Client does not bring them to the Service Provider’s attention within sixty (60) days, the Client agree to waive his right to dispute such problems or discrepancies with the Service Provider.

For Clients in Australia, the fees include the GST. However, for international Clients, all fees are exclusive of any tax and other duties.

For any upgrade or downgrade in plan level, the credit card supplied by the Client will automatically be charged the new rate on the next billing cycle provided (7) seven days notice has been allocated to the upgrade/downgrade

Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on accounts@a3fastwebsites.com.au

Clients are eligible to a full cash refund within 30 calendar days of their website setup purchase if they are dissatisfied with the quality of service provided.

After the 30-day period, clients will no longer be eligible to receive a full cash refund. However, clients who choose to discontinue their website build after the 30-day period may be eligible for a credit, subject to a non-refundable administrative fee of $550, under the following conditions:

The website build has not commenced;
The client must NOT have initiated the process of domain mapping to make their website live, as this constitutes acceptance of the services as fully completed; and
The credit may only be redeemed for other products or services offered by the Service Provider.
This refund and credit policy exists to protect Clients against the potential of poor work quality. As such, refunds will not be granted for any other reasons including but not limited to; change of mind, closing or liquidation of business, or financial hardship.

Several types of services are exempt from this guarantee including:

Any Addon Packages example Marketuing Package, AI Automation Packaged
Any additional customer requested third-party integrations that are additional to the website set-up fee.

To request for refund, submission must be made via this page: Cancel Service Plan or Addon Package.

The client agrees that:

They must be 18 years or older to use the service.
They will provide a legal full name, a valid email address, and any other information requested in order to complete the signup process.
They are the owner of the credit card supplied. If another person or company owns the credit card provided, they undertake to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to a3 Fast Websites, should reimbursement be necessary.
Each person with adminstrator access to the site will set up 2FA (two factor authenification).
Each person with adminstrator access is responsible for maintaining the security of their account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the Client to comply with this security obligation.
Each administrator is responsible for all Content posted and activity that occurs under thir account (even when Content is posted by others who have access to that adminsitrators account.).
They shall not use the Service for any illegal or unauthorized purpose.
They will not, in the use of the service, violate any laws. (including but not limited to copyright laws).

The Client is solely responsible for properly cancelling their account using the Cancel Subscription Form. A phone, email, social media message or any other request to cancel the Client’s account is not considered cancellation.

a3 Fast Websites is a subscription service. To use the platform setup for the Client at the commencement of this service, the Client must continue to pay the subscription fee or arrange a buyout of the website platform.

The buyout fee for the first 24 months of service is $2,000 and can be arranged by emailing us from the Contact Page. However, the fee drops to $1,000 after 24 months and is reduced to nil after 36 months. The buyout process includes website migration to a hosting server of your choosing.

The Content of the Client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via a3 Fast Websites.

If the Client’s cancellation of service is made seven days (7) before the end of the Client’s current paid up month, cancellation will take effect immediately and there shall be no additional charges thereafter.

The Service Provider, in its sole discretion, has the right to suspend or terminate the Client’s account and refuse any and all current or future use of the Service, or any other a3 Fast Websites service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the Client’s Account or his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.

The Service Provider reserves the right to refuse service to anyone for any reason at any time.

The monthly service plan shall be terminated by the service provider on the following grounds:

Service fees are unpaid after more than 30 days;
Violation of these Terms Of Service;
Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.

The Service Provider shall exert earnest effort to notify the Client before terminating the subscription.

This Agreement is personal to the Client, and in case of a sale to another party who wishes to take over the service, the Client agrees to:

Advise of the sale and the hand over date in writing (email);
Advise the new owners details for account and billing purposes:
Provide the new owner with a copy of these terms of service.

The Service Provider reserves the right to modify the service (or any part thereof), that includes modifying Monthly Subscription pricing, provided Clients are notified a minimum of 30 days before subscription or pricing increases.

Should the Service Provider decide to discontinue the service permanently, it shall ensure that Client has continued use for their website and agrees to notify the Client at least 60 days beforehand.

Prices of all Services, including but not limited to monthly subscription plan, are subject to change upon 30 days’ notice. Such notice may be provided at any time via email and by posting the changes to the a3 Fast Websites website.

The Service Provider shall not be liable for any modification, price change, suspension or discontinuance of the Service.

The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.
The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.

The Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:

The use or the inability to use the service;
Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received, or transactions entered into through or from the service;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any third party on the service;
Or any other matter relating to the service.

The Service Provider, and/or its assignee does not guarantee any type of profit or response from said services.

The Client shall irrevocably indemnify the Service Provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its assignee may sustain, and/or to hold the Service Provider and/or its’ assigns harmless to which the Service Provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case Legal’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

The Website Terms of Use of this agreement is governed by and will be construed according to the laws of Queensland, Australia.

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been given on the date of delivery:

If delivered personally to the party to whom notice is to be given;
If sent by electronic mail with a cc: to sender;
Or on the third day after mailing by express mail.

This Agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument.

If an organization is the subscriber, the individual signing up for a3 Fast Websites services, represents that they are duly authorized to enter into this Agreement on behalf of that organization.

In the event of a dispute, the parties agree to submit the matter a Dispute Resolution Service or any recognized Arbitration Board located within the Service Provider’s state and county, before instituting litigation.

The Service Provider claims no intellectual property rights over the material provided by the Client for use on their website.

The written content, photos, user data and materials uploaded on the Clients website remain the Client’s property. However, by setting the pages to be shared publicly, the Client agrees to allow others to view and share the Content.

The Service Provider does not pre-screen content provided by the Client, and will not be liable for any copyright disputes the Client may have resulting from content posted on their website. By supplying the content to the Service Provider the Client confirms that they own the right to publish such content. However, a3 Fast Websites and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any.

The look and feel of the website produced for the client is copyright ©2014-2024 a3 Fast Websites, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.

The Service Provider reserves the right to change the terms and conditions of this Agreement as needed. You will find the Terms of Service current version number and the date published / updated at the bottom of the page.

The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.

Non-acceptance to the new terms and conditions, the Client may terminate this Agreement in accordance with the cancellation policy provided under Section sixteen (16).

The Service Provider shall give thirty (30) thirty days notice prior to changing subscription rates.

The subject headings of the articles and sections in these terms are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

This Agreement constitutes the entire Agreement between the Service Provider pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings.

No waiver shall be binding unless executed in writing by the party making the waiver.
The Client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any a3 Fast Websites customer, employee, member, or officer will result in immediate account termination.

Whilst a3 Fast Websites promises to always work to provide the best service possibly, they provide no warranty or guarantee that;

The service will meet your specific requirements and expectations;
The service will be completely uninterrupted, timely, secure, or error-free;
Leads, sales, revenue numbers or any other specific business results will be achieved through the use of our service.

Terms of Service Version 1.0 Published 30/12/2023