RapidSite Pro — Terms of Service

Effective date: 19/11/2025

These Terms of Service (“Terms”) govern your use of RapidSite Pro’s services and website. “RapidSite Pro”, “we”, “us” or “our” means RapidSite Pro, a New Zealand-based web development agency. “You” or “Client” means the person or entity that accepts or uses our services. By engaging our services, purchasing a package, using the site or tools (including the AI Content Refiner), you agree to these Terms.

Quotes, Acceptance and Payment

Quotes: All quotes are valid for the period stated on the quote or 30 days if no period specified.

Payment: Payments are due as set out in the Agreement Documents. For one‑time packages, we may require a non‑refundable deposit to commence work. Final delivery is contingent on full payment of fees due.

Methods: We accept the payment methods specified in the invoice. You authorize us to charge agreed amounts for fees and recurring subscriptions.

Late payments: Late fees, suspension of services or cessation of hosting/maintenance may apply for overdue accounts. We reserve the right to recover collection costs.

3‑Day Turnaround & Money‑Back Guarantee (Standard 5‑Page Starter Site)

Eligibility: The guaranteed 3‑day delivery applies only to the standard Starter Site as expressly described in the Agreement Documents and only where the Client provides all required content, approvals and access within the timeframes requested by RapidSite Pro.

Client cooperation: Timely delivery requires prompt Client feedback, approvals and provision of text, images, access and other materials. Delays caused by the Client void the 3‑day guarantee.

Guarantee terms: If we fail to deliver the completed site within the 3‑day period for reasons solely attributable to RapidSite Pro and you have complied with all obligations, you may request a full refund of amounts paid for that package by contacting us within 14 days of the missed deadline. The refund is the sole and exclusive remedy for missed delivery under the guarantee.

Exceptions: The guarantee does not apply where additional custom work, third‑party integrations, bespoke development, Client‑requested scope changes, payment delays, force majeure, or third‑party service outages cause delay.

Client Obligations

• Cooperation: Provide accurate information, content, media, credentials, approvals, and access on time. Approvals given in writing (including email) constitute acceptance.
• Legal compliance: You must own or have licensed all content you provide (text, images, trademarks) and ensure it does not infringe third‑party rights or violate laws.
• Content responsibility: You are solely responsible for the accuracy, legality and appropriateness of content provided. We may refuse to publish content that violates law or our policies.
• Testing & acceptance: On delivery, Client must review and provide any acceptance or reasonable change requests within the timeframe stated. Lack of timely feedback may be deemed acceptance.

Intellectual Property

Pre-existing IP: Each party retains ownership of its pre-existing intellectual property.

Client materials: You retain ownership of content you supply. By supplying content, you grant RapidSite Pro a non‑exclusive, worldwide, royalty‑free licence to use, reproduce, adapt and publish the materials to provide the services.

Deliverables: On full payment of fees for the applicable package or SOW, RapidSite Pro assigns to the Client ownership of the final website design files, website code (excluding underlying libraries, frameworks and third‑party components) and delivered creative assets, unless otherwise stated in the Agreement Documents.

Exceptions & retained rights: RapidSite Pro retains ownership of:

• Pre-built code, frameworks, tools, templates, components, libraries and processes used to create and operate the site (but will licence them to the Client as necessary to use the deliverables).
• Our proprietary methodologies, workflows, and the AI Content Refiner (the tool and underlying models remain our property). Any sample or demo content remains our property.

Third‑party licences: Deliverables may include third‑party software (plugins, themes, fonts). You agree to comply with their licence terms and may be responsible for separate licence fees.

AI Content Refiner & Tools

Use: The AI Content Refiner is provided “as‑is” to help improve readability and SEO. Do not input highly sensitive personal data.

Inputs & outputs: By submitting text you grant RapidSite Pro a licence to process that text as necessary to provide the service. We may use anonymised usage data to improve tools; we will not use inputs to train external models without explicit consent.

Accuracy: Outputs are suggestions only. You are responsible for verifying and using them appropriately.

Confidentiality

Definition: “Confidential Information” means non‑public information marked as confidential or which a reasonable person would treat as confidential.

Obligations: Each party will protect Confidential Information with at least the same degree of care as its own, and will not disclose it except to employees/contractors who need to know and are bound by confidentiality.

Exceptions: Information that is public, known prior, independently developed, or required to be disclosed by law is not Confidential Information.

Warranties & Disclaimers

Limited warranties: RapidSite Pro warrants that services will be provided with reasonable care and skill in accordance with accepted industry standards.

No other warranties: Except as expressly provided, all warranties (express or implied), including merchantability, fitness for a particular purpose, accuracy of SEO results, or non‑infringement, are excluded to the fullest extent permitted by law.

Limitation of Liability

Exclusion: To the fullest extent permitted by law, RapidSite Pro’s total aggregate liability for any claim arising out of or relating to these Terms or the services, whether in contract, tort (including negligence), statute or otherwise, is limited to the amount of fees actually paid by you for the specific services giving rise to the claim in the 12 months preceding the claim.

No consequential loss: RapidSite Pro is not liable for loss of profits, loss of business, loss of data, loss of use, anticipated savings, or indirect, special or consequential losses even if advised of the possibility of such damages.

Nothing limits liability that cannot be excluded or limited by applicable law (e.g., death or personal injury caused by our negligence).

Indemnity

You agree to indemnify, defend and hold RapidSite Pro and its officers, employees and contractors harmless from any claim, loss, damage, liability or expense (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your content or materials infringing third‑party rights; or (c) your misuse of the services.

Termination and Suspension

By RapidSite Pro: We may suspend or terminate services and access if you breach these Terms, fail to pay, provide unlawful content, misuse services, or if required by law. We may suspend services for security or operational reasons with reasonable notice.

By Client: You may terminate recurring maintenance plans by giving notice as specified in the plan terms. Termination of a project prior to completion may entitle RapidSite Pro to payment for work performed and costs incurred to date, including reasonable cancellation fees.

Effects: On termination, outstanding fees remain payable. We may delete hosting, backups or other materials after a reasonable cure period unless otherwise agreed. It’s your responsibility to obtain copies of final deliverables.

Maintenance Plans, Hosting & Third‑Party Services

Maintenance plans: Recurring fees are billed as specified. Plans include services stated in plan descriptions; unused monthly job requests do not typically roll over unless agreed.

Third‑party services: Hosting, domain registration, payment processing, and third‑party integrations are subject to their own terms. RapidSite Pro acts as an intermediary; you may need to maintain direct accounts with third parties. We are not responsible for third‑party availability, interruptions, or fees.

Renewals & cancellations: Maintenance plans automatically renew until cancelled according to the plan terms. Cancellations may require notice; refunds are subject to the plan terms.

Security & Data Protection

Data: We will treat personal data in accordance with our Privacy Policy (which forms part of these Terms). You consent to cross‑border transfers where necessary and to RapidSite Pro’s processing described in the Privacy Policy.

Backups: While we perform backups as specified, you remain responsible for maintaining independent copies of your content and data.

Representations & Compliance

Compliance: You represent that you have authority to enter the Agreement and to provide any materials. You will comply with all applicable laws, regulations and third‑party terms.

Export control: You will not use services in breach of export control laws.

Dispute Resolution

Good faith: Parties will attempt good‑faith resolution via negotiation.

Escalation: If unresolved within 30 days, disputes may be referred to mediation. If mediation fails, disputes will be subject to the jurisdiction of New Zealand courts and governed by New Zealand law.

Fees, Taxes and Expenses

Taxes: Fees exclude applicable taxes unless stated. You are responsible for any taxes (GST/VAT) applicable to your jurisdiction unless RapidSite Pro is legally required to collect them.

Costs: You will reimburse reasonable costs incurred by RapidSite Pro in enforcing rights under these Terms, including debt recovery.

Amendments

We may amend these Terms from time to time; material changes will be posted on our Site and, where required, notified to you. Continued use after notice constitutes acceptance of the amended Terms.

General

Relationship: These Terms do not create a partnership, joint venture or employment relationship.

Severability: If any provision is unenforceable it will be read down or severed and remaining provisions remain in force.

Entire agreement: These Terms together with the Agreement Documents constitute the entire agreement between the parties in relation to the subject matter and supersede prior agreements.