Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of ThalorSites (“ThalorSites”, “we”, “us” or “our”) and the websites and tools we provide. By engaging us or using the service, you agree to these Terms.

These Terms form a binding agreement between you and THALOR LABS PTY LTD (ABN 69 702 519 113), trading as ThalorSites, which operates from New South Wales, Australia.

2. The service

We design and build a website for your business, host it, and look after it for as long as your subscription runs. That includes hosting, updates, connecting your domain, and making changes to your site when you ask for them.

The service is not self-serve. You do not build or edit the site yourself: you tell us what you want changed, through the admin we give you or by replying to us, and we make the change. We may add, change or remove features of the admin over time.

We will agree with you what is in scope before we start. Work substantially beyond that scope may be quoted separately.

3. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract. You must give us accurate information and keep it up to date.

We give you a sign-in to your admin. You are responsible for keeping it secure and for activity under it. Tell us promptly if you believe it has been accessed without authorisation.

4. Your content

You are responsible for the content you give us to put on your site — photographs, logos, text, prices and business details — and for ensuring you have the right to use it and that it is accurate and lawful.

You retain ownership of your content. You grant us a non-exclusive licence to host, store, reproduce and display it for the purpose of building and operating your site and providing the service, and to show your site as an example of our work unless you ask us not to.

5. Acceptable use

You agree not to use the service to publish unlawful, misleading or infringing content, to send spam, to attempt to gain unauthorised access to our systems, or to interfere with the operation or security of the service.

We may remove content or suspend access where we reasonably believe these Terms have been breached.

6. Domains

Where we register a domain for you, it is registered in your name, not ours. It is yours. We will keep it renewed while your subscription runs, and we will transfer control of it to you on request.

Where you already have a domain, you remain its owner and are responsible for keeping it registered. We will tell you what records to point at us.

7. Fees and billing

The service is provided on a subscription basis at the price agreed with you before we start, billed annually in advance unless we have agreed otherwise. The subscription covers the build, hosting, maintenance and the changes described in section 2.

You can cancel at any time; cancellation takes effect at the end of your current billing period. Except where required by the Australian Consumer Law or other applicable law, fees already paid are non-refundable. We may change our fees on reasonable notice, taking effect from your next billing period.

8. Intellectual property

We own the ThalorSites platform, software, tooling and brand, and all related intellectual property. These Terms do not transfer any of it to you, other than the right to use the service and your site while your subscription is active.

Your content and your domain remain yours, as set out in sections 4 and 6.

9. Availability and disclaimers

We aim to keep your site available and reliable, but we do not guarantee that it will be uninterrupted or error-free. We may carry out maintenance, and the service may occasionally be unavailable.

To the extent permitted by law, the service is provided on an “as is” and “as available” basis, and we exclude all implied warranties.

10. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy you may have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, that cannot lawfully be excluded.

Where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited (at our option) to re-supplying the relevant service or paying the cost of having it re-supplied.

11. Limitation of liability

Subject to section 10, and to the extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or business opportunities, arising out of or in connection with the service.

Subject to section 10, our total liability to you in connection with the service is limited to the amount of fees you paid us in the 12 months before the event giving rise to the liability.

12. Indemnity

You agree to indemnify us against claims, losses and costs arising from your content, your dealings with your own customers, or your breach of these Terms or of any applicable law.

13. Suspension and termination

You may cancel your subscription at any time. We may suspend or terminate the service if you materially breach these Terms, fail to pay fees when due, or use the service in a way that risks harm to us, our other customers or third parties.

On termination, your right to use the service ends and we may take your site offline. Your domain and your content remain yours; we will hand over your content and transfer your domain on request. We may delete data we hold after a reasonable period, subject to our Privacy Policy and any legal obligations.

14. Privacy

Our handling of personal information is described in our Privacy Policy, which forms part of these Terms.

15. Changes to these Terms

We may update these Terms from time to time. We will post the updated version on this page and change the date above, and we will tell customers about material changes where reasonable.

16. Governing law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.

17. Contact us

Questions about these Terms can be sent to support@thalorlabs.com.