Website plan terms.

1. Parties and agreement

This agreement is between ThreeDayAI, ABN 15 381 436 058, of Melbourne, Victoria, Australia, referred to as “ThreeDayAI”, “we”, “us” or “our”, and the person or business identified in the Stripe Checkout record, referred to as “you” or “your”.

You enter this agreement when you select the acceptance checkbox and complete the first payment. If you accept for a business or other organisation, you confirm that you have authority to bind it. Your Checkout record identifies this version and its file hash.

This document and the details recorded in Checkout are the entire agreement for the Website plan. Any change to this agreement must be confirmed in writing by both parties, except for a price change made under section 7.

2. Plan and start date

• There is no fixed minimum term and no multi-month upfront charge.
• The first A$290 payment activates the plan and authorises us to begin the website work.
• The plan renews monthly until either party ends it under section 18.
• The free preview, if we provide one before purchase, is for evaluation only. The paid service begins only when Checkout is completed.

3. Included initial website build

The plan includes one initial business website build without a separate build fee. We will agree the practical brief with you, including the page structure, content priorities, calls to action, visual direction and the destination inbox for website enquiries.

The included build is intended for a local service business website. Unless we agree otherwise in writing, it does not include ecommerce, a customer portal, a custom application, paid advertising management, paid photography, a full brand identity project, complex membership features, or paid third-party licences.

The included build is not a cash credit and cannot be transferred or exchanged. A request outside the agreed brief may require a separate written quote.

4. Delivery and acceptance

We will begin after the first payment and once we have the content decisions, access, approvals and other inputs reasonably needed to perform the work. Any delivery estimate is an estimate unless we expressly agree in writing that it is a fixed deadline.

We will give you a reasonable opportunity to review the website before launch. Please identify any material departure from the agreed brief within five business days after we ask for final review. We will correct an identified material departure within a reasonable time. This review period does not limit a right or remedy that cannot lawfully be excluded, or an issue that could not reasonably have been identified during review.

The initial build is accepted when you approve it or ask us to launch it. If you do not respond within ten business days after a final review request and a reminder, we may pause the build until you respond. We will not launch the website or treat silence as approval.

5. Ongoing monthly service

While the plan is active and paid, the monthly service includes:

• managed website hosting, content delivery, SSL and deployment;
• availability and error monitoring, with reasonable incident response;
• security, platform and dependency maintenance for the managed site;
• versioned releases and recovery from a known-good release where reasonably practicable;
• operation and testing of the agreed website enquiry form route;
• one small improvement cycle per month, up to 30 minutes of implementation, for an agreed copy, image, hours, form, layout, conversion, accessibility, search or content refinement;
• a quarterly performance and conversion health review; and
• an annual visual and content health refresh.

Unused improvement time does not accrue or convert to credit. Larger new pages, features, integrations, campaigns, photography, copywriting projects or redesigns require a separate written scope or another service plan.

6. Website enquiries

You nominate one existing business email address to receive enquiries from the managed website form. We configure the form to deliver a formatted enquiry to that address, set the visitor's email as the reply address, apply reasonable spam protection, monitor delivery and test a real submission before launch.

You are responsible for monitoring and replying from that inbox. We do not promise that every submission will be legitimate, wanted or free of spam, and we do not guarantee any particular number or quality of enquiries.

7. Billing, taxes and price changes

• Stripe processes the recurring monthly payment using your selected payment method.
• Amounts are in Australian dollars. GST will be included or added when required by law and shown through the payment or invoice record.
• You authorise recurring monthly charges until the plan ends.
• We will give at least 30 days written notice before changing the monthly price. You may cancel before the changed price takes effect.

8. Failed or overdue payment

If a payment fails or remains overdue, we may retry the payment and ask you to update the payment method. If the amount remains overdue after reasonable notice, we may pause new edits, deployments or the managed website service.

Where reasonably practicable, we will give you a chance to fix the payment issue before taking the website offline. We may act immediately where continuing service would create a material security, legal or infrastructure risk. We will restore the service after the account is brought up to date where reasonably practicable.

9. Your responsibilities

You agree to:

• give accurate business, contact, service, pricing and legal information;
• supply requested content, decisions, approvals and access within a reasonable time;
• ensure that you have the right to use and provide all names, logos, text, images, testimonials and other materials you supply;
• review factual claims, licences, professional statements, prices, offers and legally required disclosures before launch;
• keep your domain registration and any client-owned third-party accounts paid and active;
• keep account access secure and tell us promptly about suspected compromise; and
• use the website lawfully and not ask us to publish deceptive, infringing, harmful or unlawful material.

You remain responsible for your business, its services, its customer communications, and legal or industry compliance that is specific to your activities. We may rely on information and approvals you provide unless it is clearly incorrect.

10. Domain and account access

You retain ownership and control of your domain. Registrar access is used only for the authorised domain connection and is stored temporarily in our secured credential vault, not in our sales records. We remove the active vault item after domain verification and no later than seven days after launch. You keep control of two-factor authentication and should change the registrar password after launch.

You confirm that you are authorised to provide any access or account information you give us. We will use the access only to provide the Website plan and will apply reasonable security controls.

11. Changes and extra work

Either party may suggest a change. We will tell you if a request is outside the included service before performing chargeable extra work. Extra work requires a separate written scope or your written approval of the price and deliverable.

A delay caused by changed requirements, missing information, unavailable access, your requested pause, or a third-party outage may move an estimated delivery date.

12. Third-party services

The service depends on providers we do not control, such as domain registrars, payment processors, hosting networks, email providers, analytics services and web browsers. Their availability, terms, pricing and functionality may change.

We are responsible for selecting and managing our providers with reasonable care, but we are not responsible for an interruption or change outside our reasonable control. If a material third-party change affects the service, we will take reasonable steps to restore the agreed function or propose a practical alternative.

Any third-party product or licence that you own or buy directly remains subject to that provider's terms and charges.

13. Intellectual property

After all amounts due for the service are paid, you own the final website-specific text, page designs and source files we create specifically for your business, excluding the items described below. You grant us a licence to host, reproduce, modify and deliver those materials for as long as needed to provide the plan.

You retain ownership of materials you provide. You grant us a licence to use, adapt and display them only as needed to perform the service.

We and our licensors retain ownership of pre-existing or reusable tools, templates, libraries, components, methods, general know-how, brand assets and third-party materials. We grant you a perpetual, non-exclusive licence to use any of our reusable material that is embedded in the exported website files, solely as part of your website. Third-party open-source components remain subject to their applicable licences.

We will not publicly identify your website as a case study without your prior approval.

14. Confidentiality and personal information

Each party must keep the other party's non-public business, security, pricing and technical information confidential, use it only for this agreement, and protect it with reasonable care. This duty does not apply to information that is public through no breach, already lawfully known, independently developed, lawfully received from another source, or required to be disclosed by law.

We may share confidential information with service providers and professional advisers who need it to support the service and are subject to appropriate confidentiality duties.

We handle personal information only as reasonably needed to provide, secure and administer the plan, meet legal obligations, and process payment. Each party must promptly tell the other about a security incident affecting information supplied under this agreement where notice would reasonably help reduce harm.

15. Service standard and no guaranteed business result

We will provide the service with due care and skill. We do not guarantee uninterrupted availability, a particular search position, visitor volume, enquiry volume, conversion rate, revenue or other business result. Any example, projection or preview is illustrative unless we expressly confirm a measurable commitment in writing.

You acknowledge that website results can be affected by your offer, reputation, market, pricing, response speed, advertising, competitors and third-party platforms.

16. Australian Consumer Law and refunds

We do not provide a refund merely because you change your mind. This does not limit any right to a remedy for a failure to meet a consumer guarantee. Depending on the circumstances and applicable law, a remedy may include correction of the service, cancellation, a refund for an unused portion, compensation for reduced value, or compensation for reasonably foreseeable loss or damage.

To request a remedy, email us with the Checkout email address, the affected website, what happened and the outcome you seek. We will assess the request promptly and may ask for information reasonably needed to investigate it.

17. Liability

Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud, wilful misconduct, or rights and remedies available under the Australian Consumer Law.

To the maximum extent permitted by law, neither party is liable to the other for indirect or consequential loss that was not reasonably foreseeable when this agreement was made. Each party must take reasonable steps to avoid or reduce loss.

Where liability may lawfully be limited, our total liability arising from this agreement is limited to the greater of A$1,000 or the fees you paid under this agreement in the 12 months before the event giving rise to the claim. This cap does not apply to our breach of confidentiality, infringement of your intellectual property rights, or damage caused by our fraud, wilful misconduct or gross negligence.

18. Cancellation, suspension and termination

Your cancellation right

You may cancel at any time before the next billing date. Cancellation takes effect at the end of the current paid monthly period, and we will not charge another monthly fee after that date.

Our right to end the plan

We may end the plan for convenience by giving at least 30 days written notice. If we end it for convenience during a paid period, we will continue service until that period ends or refund the unused part of that period.

Ending for breach or risk

Either party may end the agreement if the other materially breaches it and does not fix the breach within 10 business days after written notice. We may suspend or end the service immediately if its continued operation is unlawful, materially unsafe, seriously abusive, infringes another person's rights, or creates an urgent security threat. Where reasonably possible, we will first explain the issue and allow it to be fixed.

19. What happens when the plan ends

At the end of the service, managed hosting, deployment, monitoring, form delivery and monthly improvement services stop. Your domain remains yours and you may point it to another provider.

If you ask within 30 days after the service ends, we will provide a reasonable export of the latest deployable static website files at no additional charge. The export does not include our accounts, infrastructure, reusable internal tools, paid third-party licences or managed form service. We will reasonably cooperate with a domain cutover. Migration, redevelopment or support beyond the export may require a separate quote.

We may delete service data after the 30-day export period, subject to any information we must retain for payment, tax, security, dispute or legal purposes. Sections that by their nature should continue after termination remain in effect, including confidentiality, intellectual property, liability, accrued payment obligations and dispute terms.

20. Events outside reasonable control

Neither party is responsible for delay or failure caused by an event outside its reasonable control, such as a widespread provider outage, natural disaster, serious network failure, government action or civil emergency. The affected party must notify the other where practicable and take reasonable steps to reduce the impact. Payment remains due for service already supplied.

21. Notices and disputes

We may send plan notices to the email address recorded in Checkout. You may send notices to mitch@threeday.ai. A notice is treated as received when it is delivered without an automated failure message, or on the next business day if sent outside normal business hours in Victoria.

If a dispute arises, each party agrees to first give the other written details and a reasonable opportunity to resolve it in good faith. This does not prevent either party seeking urgent relief or using any right or complaint process available by law.

22. Governing law and general terms

This agreement is governed by the laws of Victoria, Australia. The parties submit to the courts and tribunals that have jurisdiction in Victoria, subject to any right that allows you to bring a claim elsewhere.

You may not transfer this agreement without our written consent, which we will not unreasonably withhold. We may transfer it as part of a genuine sale or restructure of our business if the transfer does not materially reduce your rights.

If a term is invalid or unenforceable, it will be read down to the minimum extent needed or removed, and the remaining terms continue. A delay in enforcing a right is not a waiver. Headings are for convenience only. “Including” does not limit the words that follow it. Electronic acceptance and records are valid to the extent permitted by law.

23. Contact

Ask any questions before paying. For plan, billing, cancellation, export or agreement questions, contact:

ThreeDayAI
ABN 15 381 436 058
Melbourne, Victoria, Australia
Email: mitch@threeday.ai
Phone: +61 481 324 039

Keep a copy of this agreement and your Stripe payment receipt for your records.