1.1 These Host Terms apply to Hosts, as defined under Terms of Use. If you are a Host, you are automatically taken to accept these Host Terms.
1.2 For clarity, the Host Terms do not apply to regular Members who are not Hosts.
1.3 The Host Terms are additional obligations operating as ‘special conditions’ to the Terms of Use. They are not to be read as a separate agreement to the Terms of Use.
1.4 The provisions of the Host Terms prevail to the extent of any inconsistency with the provisions of the Terms of Use.
1.5 These Host Terms may be supplemented by the Order, which may set out commercial terms between us and you, including without limitation your identity, address for notices, Initial Term, Services required, Fees and so on.
1.6 All capitalised words used in these Host Terms have the same meaning as in the Terms of Use unless defined otherwise below.
1.7 In these Host Terms, the following capitalised words have the following meanings:
Customisation Fee means a fee for the Customisation Service as set out in the Order or if no fee is set in the Order, $150 USD per hour.
Customisation Service means editing and customising the Site in accordance with your requests.
Initial Term means the minimum commitment period to pay the Licence Fee set out in the Order. If no such period is set in the Order, the initial term is 6 months.
Fees mean any and all of the following:
(a) the Licence Fee;
(b) the Set Up Fee;
(c) the Customisation Fee;
(i) Licence means the licence to use the Platform in order to create a Community in accordance with clause 3.2.
(ii) Order means a document which sets out the commercial terms on which the Services are offered to you.
Services mean any and all of the following:
(a) the Licence;
(b) the Set-Up Service;
(c) the Support Service;
(d) the Customisation Service (if requested);
Set Up Fee means a one-time fee for the Set-Up Service for contracts with an initial term of less than 6 months or as set out in the Order.
Set Up Service means setting up a Site for you using the Platform, which will allow you to build a Community. The Set Up Service does not also include the Customisation Service.
Availability means the ability to access the Site and your Community via a working internet connection and modern web browser.
Support Service means providing reasonable support via phone and email to resolve material or technical defects in the Platform within a reasonable time.
Term means the Initial Term and any extensions of it in accordance with clause 3.
Terms of Use means the Terms of Use of the Platform, available here.
1.8 We agree to provide you with the Services in exchange for the Fees.
1.9 After you register on the Platform as a Host and pay the applicable Licence Fee, we grant you a non-exclusive and revocable licence to use the Platform to create a Site and a Community during the Term (“Your Site”).
1.10 Under the terms of the Licence, you must not do any of the following:
(a) sell, transfer, sublicense, lease or rent your Licence or account details with or to any third party or allow any person to access the Platform or Site on your behalf (other than your officers and employees where you are a legal entity);
(b) decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer, alter, edit or adapt or create derivative works the Platform or a Site;
(c) use the Licence, Platform or the Site for any purpose other than for your internal business purposes and building and operating a Community.
1.11 We will endeavour to provide the Set Up Service within 5 Business Days from the day you pay the relevant Fees, however, this timeframe and any other timeframe is merely an estimate and we will not be liable for any delay in providing any part of the Services.
1.12 We may provide the Customisation Service to you upon written request, however, we reserve the right to refuse a customisation request for any reason, including without limitation due to lack of capacity or if the request does not align with our vision or style.
1.13 Our Support Service is available 8am - 5pm Monday to Friday (Sydney AEST). We aim to provide 99% uptime Availability of the Site. Emergency contact & support available outside these hours.
1.14 Upon completion of the Set Up Service, you must nominate at least one Member to be appointed as a Community Manager. You agree and acknowledge that any person appointed as a Community Manager is authorised to act in your name and we may take instructions from that person, until you give us satisfactory evidence that such appointment is to be revoked.
1.15 You may only use the Personal Information (as defined in the Privacy Policy) of your Members for your internal business needs related to your Site or as otherwise expressly permitted by the Terms of Use.
1.16 You agree to take all reasonable steps to comply with any Member request to remove their Personal Information from your internal business systems and any third party services you use in connection with your Site.
2.1 The Services are strictly conditional on you paying us all applicable Fees.
2.2 The Licence Fee is payable monthly, in advance.
2.3 The Set-Up Fee is payable only if the Initial Term is less than 6 months or if otherwise specified in the Order.
2.4 The Customisation Fee will be billed at the commencement of the Customisation Service.
2.5 To the extent permitted by law, any Fees paid to us are non-refundable and we do not provide refunds or credits should you seek to terminate any part of the Services.
2.6 Unless otherwise stated in your Order, all Fees are in US Dollars and exclusive of GST (if applicable).
2.7 Payment terms may be set out in the Order. In the event that no payment terms are set out in the Order, the following will apply:
(a) Payment for the Fees will be processed through us by our selected payment provider or our bank, which we may amend from time to time. If paying by card, you authorise us to charge the payment method associated with your account for payment of the Fee.
(b) You agree to keep any card used for payment current until the payment of all Fees is complete, and quickly resolve any issues that may arise while we process your payment. You agree not to use any expired cards, cancel any card while a payment is outstanding (without nominating a current replacement card) or commence any payment reversals or chargebacks in relation to the Fees.
(c) You are responsible for any fee, cost or other charges applicable on the payment of the Fees by your banking institution or any payment processor. You must abide by the terms and conditions of the payment processor associated with your account.
(d) You remain responsible for any uncollected Fee. If payment is not successfully settled, because the payment method is declined, due to expiration, insufficient funds, or otherwise and you do not cancel your account, we may suspend your access to the Site until we have successfully charged a valid payment method.
2.8 We reserve the right to modify any Fee by amending these Host Terms.
3.1 The Term will commence on the day you pay the Licence Fee and continue for the Initial Term.
3.2 On the expiration of the Initial Term and any subsequent extension of the Term, the Term will be extended for an additional period of 1 month unless you notify us in writing that you wish to terminate the Term. Should you provide such notice, the termination will take effect only at the expiration of the relevant Term.
3.3 You acknowledge and agree that we may terminate the Term and access to Your Site or Account immediately by notice to you in writing if you are deemed to be in breach of these Host Terms, the Terms of Use or associated policies in any way.
3.4 Upon the termination of the Term for any reason, you must immediately stop using the Platform or Your Site, and we may discontinue, disable or delete Your Site. However, you agree that the rest of the provisions of the Terms of Use will continue to apply to you.
3.5 Except to the extent that these Host Terms expressly provide otherwise, the termination of the Term will not affect the accrued rights of either party.