Terms of Service (English)
These Terms of Service (hereinafter referred to as the "Terms") define the rights and obligations between Tailor Web (hereinafter referred to as "We" or "Us") and individuals or corporations (hereinafter referred to as the "Customer") who enter into a contract for the website creation and management services (hereinafter referred to as the "Service") provided by us.
Article 1 (Service Details and Conditions)
- We provide a service to build websites using HTML, CSS, and JavaScript based on predefined templates. CMS (Content Management Systems) are not used.
- The Service includes the following:
- (1) Website construction using templates (Full Setup)
- (2) Implementation of mobile compatibility and responsive design
- (3) Basic SEO optimization
- (4) Deployment and publication on our designated server (e.g., CloudFlare Pages)
- (5) Replacement of text and images based on Customer-provided content
- The standard delivery time is 1 to 3 business days from the receipt of the necessary information by us; however, this may be extended depending on complexity or external factors.
Article 2 (Fees and Billing Structure)
- The Service fee consists of the following two components:
- (1) Website Setup Fee (Initial Setup): 290~390 AUD (excluding tax)
- (2) Monthly Management Fee: 49 AUD/month (excluding tax, recurring subscription)
- (3) Service Fee: 9.9 AUD/month (excluding tax, recurring charge)
- The Website Setup Fee covers the initial construction work using the template.
- Only Customers subscribed to the Monthly Management Fee plan may request minor updates or optional work.
Article 3 (Payment Method and Schedule)
- Payments shall be made in advance by credit card via the Stripe payment platform.
- The Website Setup Fee will be charged immediately upon completion of the purchase process.
- The Monthly Management Fee and Service Fee will be automatically charged on the same day of each month following the initial payment date.
- In case of payment failure:
- (1) Payment reminder notice (grace period: up to 5 business days)
- (2) Imposition of late fees (up to 10%) or penalty charges
- (3) Temporary suspension or termination of the Service (see Article 18)
- Any fees incurred prior to cancellation are non-refundable, and the obligation to pay continues until the cancellation is officially completed.
Article 4 (Information Provided by the Customer)
- The Customer is obligated to provide the following information through a form designated by us:
- (1) Text content (e.g., written copy, catchphrases)
- (2) Visual materials such as images and logos
- (3) Various links (e.g., social media, external services)
- (4) Domain and server information (as needed)
- (5) Any other information specified as necessary for the creation
- If the use or management of external services (e.g., CDN, server, repository) is required, the Customer shall create the necessary accounts and grant administrative access to us.
- Delays in information provision will result in an automatic extension of the delivery timeline.
- After the purchase, you shall submit the required information through the form or method designated by us. The submission deadline shall be within 14 days from the purchase date. If there are unavoidable circumstances, the deadline may be extended by mutual agreement in writing or by email prior to the original deadline; however, in principle, the maximum extension shall be limited to one month from the purchase date. If the submission is not made within this period, we may suspend production or terminate the contract, and in such case, any fees already received shall not be refunded.
- Once information has been submitted through the form, it cannot be modified as a general rule. If any changes or corrections are required, they will be handled as an optional service separately determined by us. Therefore, please carefully review and confirm all information before submitting the form.
Article 5 (Communication Methods and Notifications)
- Communications from us to the Customer shall be conducted via the designated email address and the form specified by us.
- Communication or support via phone, Zoom, or other online conferencing tools shall not be provided as a general rule.
- The Customer shall promptly respond to communications from us.
- If the Customer’s email address becomes unusable or is changed, the Customer shall promptly notify us and update their registered information.
- Notifications from us shall be deemed to have been received by the Customer at the time of sending.
- The Customer shall configure their email settings to ensure that emails from us are not classified as spam or junk mail.
- If the Customer fails to respond to communications from us within a certain period (e.g., 14 days), We may take measures including contract termination.
- The Customer guarantees that their registered information is accurate and up-to-date, and shall bear responsibility for any disadvantages caused by incorrect or delayed updates.
Article 6 (Delivery and Delays)
- Delivery will be completed within 3 business days in principle after receiving all required information from the Customer.
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We shall not be held responsible for any delays in delivery in the following cases:
- (1) Delays in information provision by the Customer
- (2) Unavoidable circumstances during our operations
- (3) Addition of optional features or specification changes
- (4) Failures in servers, domains, or external services
- (5) Changes to the availability or scope of free services
- No refunds, compensation, or cancellations shall be accepted on the grounds of delivery delays.
Article 7 (Intellectual Property Rights)
- Copyrights to content provided by the Customer (e.g., text, images, link structure) shall belong to the Customer.
- However, copyrights to the template structure and the code written in HTML, CSS, and JavaScript shall belong to us.
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The Customer is prohibited from performing the following actions on the delivered code without our prior consent:
- (1) Resale, redistribution, modification, or commercial reuse
- (2) Misrepresenting the work as their own original creation
- (3) Reusing the template structure
- In the event of a breach of this article, we may claim damages or take legal action.
Article 8 (Contents of the Monthly Management Service)
- Customers who have paid the Website Setup Fee are required to subscribe to the Monthly Management Fee plan for a minimum of 6 months.
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Contents of the service include:
- (1) Up to one minor revision per month (adjustment of one area’s color, font size, spacing, or replacement of text/image, etc.)
- (2) Acquisition, renewal, and management of SSL certificates
- (3) Server configuration management and maintenance
- (4) Backup and restoration support using GitHub
- (5) Email responses within 2 business days
- (6) Acceptance of optional service requests
- If the Customer wishes to cancel the subscription, they must notify us of their intent via our designated email address or contact form. The official date of the request shall be the date on which we confirm receipt.
- Upon cancellation, the contract will terminate at the end of the following month. We will transfer relevant information such as GitHub and DNS settings to the Customer; however, copyright to the code shall not be transferred.
Article 9 (Service Fee)
- The Customer shall pay a separate Service Fee in addition to the Monthly Management Fee, which covers a portion of service operation and payment processing costs.
- The Service Fee applies only during the term of the Monthly Management Fee contract, and when the Monthly Management Fee contract is terminated, the Service Fee charges will automatically cease.
Article 10 (Special Terms Regarding Optional Services)
- Optional services (hereinafter referred to as "Options") provided by us are, in principle, only available to Customers who maintain an active Monthly Management Fee subscription.
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The following are examples of Option services; however, the contents, availability, and timing of such services shall be determined at our sole discretion:
- (1) Minor adjustments such as code edits, link replacements, and UI changes
- (2) Design and implementation of custom sections or new pages
- (3) Setup of contact forms and integration with external tools
- (4) Support for multilingual pages
- (5) Setup support for custom domains and email accounts (limited to initial setup; ongoing support and troubleshooting may incur separate fees or may not be provided)
- Provision of optional services requires prior quotation and Customer consent. A formal order is deemed to be placed upon the Customer’s agreement to the proposed cost and content.
- We may decline to provide optional services if deemed technically, legally, or operationally unfeasible. In such cases, we are not obligated to disclose the reasons.
- If the Customer wishes to use their own domain, server environment, contact form, analytics tags, or other external services (collectively, "External Designated Infrastructure"), we will only support them upon prior consultation and confirmation of feasibility.
- As a general rule, the standard infrastructure designated by us (including free hosting platforms such as GitHub and Cloudflare Pages) shall be used. Implementation, setup, and maintenance of External Designated Infrastructure may require additional work and shall be subject to separate estimates and fees.
- In the event that issues or failures occur in areas beyond our regular control due to the use of External Designated Infrastructure at the Customer’s request, we shall bear no responsibility. Furthermore, such areas may be excluded from future maintenance coverage.
Article 11 (Cancellation and Refund Policy)
- Cancellations made before the start of production will only be accepted if notified via the designated form or email within 5 days from the date of purchase. Refunds will be issued minus Stripe transaction fees.
- Cancellations after production has commenced or after the 6th day from the service purchase date are non-refundable, even if delivery has not yet occurred.
- No prorated refunds or reimbursements will be provided for cancellations during the Monthly Management Fee contract period.
Article 12 (Representations, Warranties, and Responsibilities Regarding Provided Materials)
- The Customer hereby warrants that all materials provided to us comply with the following:
- (1) The Customer holds legitimate usage rights
- (2) The materials do not violate any applicable laws or regulations, including those of Japan, Australia, or other relevant jurisdictions
- (3) The materials do not infringe on any third-party rights
- (4) The materials are permitted for commercial use (including AI-generated content and free materials)
- In the event of any disputes arising from the provided materials, the Customer shall resolve such matters at their own expense and responsibility; we bear no liability.
- We have no obligation to investigate rights related to the provided materials and may charge separately for such investigations if requested.
Article 13 (Disclaimer and Limitation of Liability)
- Except in cases of intentional misconduct or gross negligence on our part, we shall not be liable for any damages incurred by the Customer or third parties resulting from the use or inability to use the Service.
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Where liability arises, it shall be limited as follows:
- (1) Damages occurring during production: limited to the Website Setup Fee (after deduction of Stripe fees)
- (2) Damages during the management period: limited to the Monthly Management Fee for the relevant month (after deduction of Stripe fees)
- We shall not be liable for indirect damages, special damages, or loss of profits.
- Temporary suspension or instability in website display due to server migration, domain setting changes, DNS switching, maintenance work, or other technical reasons may occur; we disclaim any liability for damages resulting therefrom.
- We do not guarantee continuous website operation, complete elimination of errors or bugs, or normal display/functionality in all environments. However, in case of significant issues, we will respond reasonably at our discretion.
Article 14 (Exclusion of Anti-Social Forces)
The Customer guarantees that they are not, and will not become, a member of any organized crime group, affiliated company, corporate racketeer, or other anti-social forces. Should a violation be discovered, we reserve the right to immediately terminate the contract.
Article 15 (Conditions Regarding External Services and Infrastructure)
- Hosting is based on utilizing free tiers of services such as GitHub and Cloudflare Pages.
- If usage exceeds the free tier limits or if specification changes incur costs, such expenses shall be borne by the Customer.
- The terms of use and privacy policies of external services apply when using such services, and we shall bear no responsibility for damages or troubles arising from them.
- Depending on the Customer’s circumstances and requirements, we may propose switching to paid plans if free tiers are insufficient. Costs and risks associated with paid plans shall be the sole responsibility of the Customer; we disclaim all liability.
Article 16 (Privacy Policy and Third-Party Provision)
- We handle all personal information obtained appropriately in accordance with our Privacy Policy.
- Information may be provided to external service providers or others only to the extent necessary for service provision.
Article 17 (Force Majeure)
We shall not be held liable for any failure or delay in performance of obligations due to force majeure events beyond our control, including but not limited to natural disasters, war, civil unrest, enactment or amendment of laws, administrative guidance, exercise of public authority, strikes, system failures, infectious disease outbreaks, failures of external infrastructure, or other such causes.
Article 18 (Exclusion of Support After Code Modification)
- If the Customer or a third party modifies or alters the delivered code, we shall no longer be responsible for addressing defects or providing support related to that website.
- However, this does not apply if the modifications are shared with us beforehand or afterward and we determine that we can provide support.
Article 19 (Prohibited Conduct)
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The Customer shall not engage in the following acts in connection with the use of the Service:
- (1) Acts violating Japanese laws or other applicable laws and regulations
- (2) Acts contrary to public order and morals
- (3) Acts infringing upon third-party intellectual property rights, portrait rights, privacy, or other rights
- (4) Posting fraudulent content or content suggesting involvement with anti-social forces
- (5) Acts that interfere with the provision or operation of services by us or third parties
Article 20 (Contract Termination)
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We may immediately terminate the contract without prior notice if the Customer falls under any of the following:
- (1) Violation of these Terms
- (2) Continued payment delays without improvement after notification
- (3) Provision of false information
- (4) Other cases where we reasonably determine that continuation of the contract is difficult
- In such cases of termination, no refunds will be made for any fees already paid, regardless of the reason.
Article 21 (Subcontracting)
We may subcontract or outsource all or part of the services provided under this contract to third parties. The Customer agrees to this arrangement.
Article 22 (Service Discontinuation)
- We may discontinue all or part of the Service due to business circumstances or other unavoidable reasons.
- In case of service discontinuation, we will notify Customers via our website or email at least 30 days prior to the planned termination date.
- No charges will be applied after the month of service discontinuation, and we will provide data backup to the extent possible. However, we disclaim all liability for indirect or incidental damages related to the termination.
- In cases requiring immediate termination due to force majeure (Article 15) or similar reasons, termination may occur without prior notice.
Article 23 (Governing Language)
Article 24 (Amendments to Terms)
We may revise these Terms from time to time. The revised Terms shall become effective upon publication on our website or notification to the Customer.
Article 25 (Governing Law and Jurisdiction)
These Terms shall be governed by and construed in accordance with the laws of Japan. Any disputes arising in connection with the Service shall be subject to the exclusive jurisdiction of the district court having jurisdiction over our principal office as the court of first instance.