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Terms and Conditions

1. Acceptance of Terms

By accessing or using our website and services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree with these terms, please refrain from using our platform.

2. Modifications to Terms

We reserve the right to change these Terms and Conditions at any time. It is your responsibility to review the updated terms periodically. Your continued use of the platform after any changes constitutes acceptance of those changes.

3. Use of Service

Our platform provides website and application templates for business or personal use. You are granted a non-exclusive, non-transferable license to use the template for your own purposes. You may not resell or redistribute the template in any form. You may modify the template, but SiteViva retains ownership of the underlying design and intellectual property.

4. Personal Data and GDPR Compliance

4.1. Overview of GDPR

We take the privacy and security of your personal data seriously. For customers located in the European Economic Area (EEA), we fully comply with the General Data Protection Regulation (GDPR), which regulates how businesses collect, use, store, and protect personal data. The following outlines how we handle your personal data in compliance with GDPR.

4.2. Data Controller

For the purposes of GDPR, SiteViva is the Data Controller of your personal data. This means we are responsible for deciding how your personal data is collected, stored, and used.

4.3. Types of Personal Data Collected

When using our platform, we may collect the following types of personal data:

  • Identification Information: Name, address, phone number, email address, company name, and logo.
  • Billing Information: Payment details (collected through third-party payment gateways).
  • Technical Information: IP addresses, browser type, operating system, and other metadata collected for security and functionality purposes.
  • Usage Data: Details of your interactions with our platform, such as templates selected, pages visited, and services ordered.

We do not collect or process any sensitive personal data (e.g., data related to race, religion, or health) without explicit consent.

4.4. How We Use Personal Data

Your personal data is collected and used for the following purposes:

  • To fulfill your orders: To create and deliver the website or application template you have purchased.
  • To communicate with you: We use your contact information to send important updates, notifications, or respond to inquiries.
  • For billing and payments: Your billing information is used for processing payments and ensuring secure transactions.
  • To improve our services: Usage data helps us analyze how users interact with the platform to enhance functionality and performance.
  • Compliance with legal obligations: We may use personal data to comply with legal obligations, such as taxation or regulatory requirements.

4.5. Data Retention

We will retain your personal data only for as long as necessary to fulfill the purposes outlined in these Terms and Conditions, including any legal, accounting, or reporting requirements.

4.6. Data Subject Rights

As a data subject under GDPR, you have the following rights:

  • Right of Access: You have the right to request access to the personal data we hold about you, including information about how it is used.
  • Right to Rectification: You can request correction of inaccurate or incomplete personal data.
  • Right to Erasure: In certain circumstances, you have the right to request that your personal data be erased, also known as the “Right to be Forgotten.”
  • Right to Restrict Processing: You can ask us to stop using your personal data in certain ways, such as for direct marketing or profiling.
  • Right to Data Portability: You can request a copy of your personal data in a machine-readable format for transfer to another service provider.
  • Right to Object: You have the right to object to the processing of your personal data in certain situations, such as when it’s used for direct marketing.
  • Right to Withdraw Consent: If you’ve given consent for the processing of your personal data, you have the right to withdraw that consent at any time.
  • Right to Lodge a Complaint: If you believe your rights under GDPR have been violated, you have the right to lodge a complaint with your local data protection authority.

4.7. Data Transfers Outside of the EEA

In some cases, your personal data may be transferred and stored outside of the European Economic Area (EEA), such as when our servers are located in non-EEA regions. When such transfers occur, we ensure adequate safeguards are in place to protect your data in compliance with GDPR requirements, including:

  • Standard Contractual Clauses (SCCs) approved by the European Commission.
  • Ensuring that the non-EEA countries where data is transferred have been recognized as providing an adequate level of data protection.

4.8. Security of Personal Data

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing your personal data. These include:

  • Encryption of sensitive data.
  • Secure Servers to store your data, with restricted access.
  • Regular Security Audits to ensure the integrity of our systems.

Despite these efforts, no method of electronic storage or transmission is 100% secure, and we cannot guarantee absolute security. However, we are committed to swiftly addressing any data breaches and notifying affected individuals as required under GDPR.

4.9. Automated Decision-Making and Profiling

We do not use your personal data for any automated decision-making processes, including profiling, that could significantly affect you.

4.10. Consent and Legal Basis for Processing

Under GDPR, we must have a legal basis to process your personal data. The primary legal bases we rely on are:

  • Performance of a Contract: Your data is processed to fulfill our contractual obligations to you, such as delivering the website or service you purchased.
  • Legitimate Interests: We may process your data for legitimate business interests, such as improving our services or maintaining security, provided these interests are not overridden by your fundamental rights.
  • Consent: Where required, we will obtain your explicit consent before processing your personal data. You have the right to withdraw this consent at any time.

4.11. Data Breach Notification

In the event of a data breach, we will notify the relevant supervisory authorities within 72 hours and affected individuals as soon as practicable if the breach poses a high risk to your rights and freedoms.

4.12. Children’s Privacy

Our services are not directed toward individuals under the age of 18. We do not knowingly collect personal data from children without verifiable parental consent. If we learn that personal data of a minor has been collected without appropriate consent, we will take steps to delete that information.

5. User-Generated Content

By providing content such as company names, logos, and images for your website, you warrant that you have the rights to use these materials and that they do not infringe on any third-party intellectual property rights. You agree to indemnify and hold us harmless from any claims related to the use of your content.

You are expressly prohibited from uploading any content that:

  • Is unlawful, defamatory, obscene, pornographic, or otherwise objectionable.
  • Violates the intellectual property rights of third parties. We reserve the right to remove or suspend any content that violates these terms.

6. Jurisdiction and Dispute Resolution

In the event of disputes, we encourage first seeking resolution through mediation.

7. Local Regulatory Compliance

We comply with all applicable data protection laws, including U.S. Privacy Shield and Australian Privacy Principles (APPs). Customers are responsible for ensuring that they comply with local laws governing the use of our services in their respective jurisdictions.

8. Restricted Access

Our services may not be available to users in countries subject to international sanctions or legal restrictions. It is your responsibility to ensure that accessing and using our services complies with local regulations.

9. Intellectual Property and License

All templates and tools provided by us are the intellectual property of SiteViva. Upon purchase, you receive a limited, non-exclusive, non-transferable license to use the design for your business or personal use. You may not sell or sublicense the template to third parties.

10. Account Creation and Security

You are responsible for maintaining the confidentiality of your account information. You must notify us immediately if you detect any unauthorized access to your account. We reserve the right to suspend or terminate any account that violates these Terms and Conditions.

11. Third-Party Tools and Services

Our platform integrates third-party services such as Google Analytics, payment gateways, and marketing tools. We are not responsible for the functionality or performance of these third-party services. You agree to abide by the terms of these third-party providers.

12. Prohibited Use and Acceptable Use Policy

You agree not to use our platform for any illegal or prohibited activities, including:

  • Uploading pornographic, obscene, defamatory, or unlawful content.
  • Engaging in hacking, distributing viruses, or any activities that could harm the platform. We reserve the right to suspend or terminate your account and remove any content that violates these terms.

13. Limitation of Liability

While we strive for uninterrupted service, we cannot guarantee that our platform will always be available. We are not responsible for any indirect or consequential losses, including loss of business or profits. Our total liability to you shall not exceed the amount paid for our services.

14. Refund and Cancellation Policy

Customers may cancel orders within 24 hours for a full refund. Partial refunds may be offered if significant work has not yet been performed. For detailed refund policy, please visit our refund policy page.

15. Local Tax and VAT Compliance

We collect sales tax and VAT based on the customer’s location. It is your responsibility to comply with local tax laws.

16. Changes to Service Availability

We reserve the right to modify, update, or discontinue any service or template without notice. We strive to provide continuous access, but we are not liable for any service disruptions due to maintenance or technical issues.

17. Force Majeure

We are not liable for delays or failure to perform our obligations due to events beyond our control, including natural disasters, pandemics, wars, or other unforeseen circumstances.

18. Termination and Suspension

You may terminate your use of our services at any time. We reserve the right to suspend or terminate your account if you violate these Terms and Conditions.

19. Customer Support

Our customer support team is available 7/24 through Email. We aim to respond within 12 hours during business hours.

20. Cookie Policy and Tracking

We use cookies to enhance your experience on our website. Please refer to our Cookie Policy for more details. Customers have the option to manage their cookie preferences.

21. Accessibility

We strive to make our platform accessible to everyone, including individuals with disabilities. Please refer to our Accessibility Statement for further information.

22. Ownership of Customer Data

You retain full ownership of your data and content. We will not use your data for any purposes beyond fulfilling your service order.

23. Data Backup and Recovery

While we take security precautions, it is your responsibility to maintain backups of your data. We are not liable for any data loss. In the event of data loss due to our fault, we will assist in recovery efforts, though we cannot guarantee full recovery.

24. Warranty Disclaimer

Our platform is provided “as is” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

25. Non-Solicitation Clause

You agree not to solicit or engage with SiteViva’s employees, contractors, or freelancers for a period of 12 months after project completion without our written consent.

26. No Guarantee of Results

We do not guarantee specific results, such as increased traffic or sales, from using our platform and services. Success depends on external factors beyond our control.

27. Security and Liability

We implement reasonable security measures to protect your data. However, we cannot guarantee absolute security. You assume responsibility for risks associated with data transmission over the internet.

28. Indemnity Clause

You agree to indemnify SiteViva from any claims, damages, or losses arising from your use of the platform, violation of these Terms and Conditions, or infringement on third-party rights.

29. Severability Clause

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

30. Entire Agreement

These Terms and Conditions, along with the Privacy Policy, constitute the entire agreement between you and SiteViva. Any prior agreements are superseded.

31. No Waiver Clause

Failure to enforce any part of these Terms and Conditions does not constitute a waiver of our right to enforce that provision or any other provisions in the future.

32. Content Provision Clause

Scope of Services

SiteViva provides website development services as outlined in the project proposal. These services are limited to the design, coding, and technical implementation of the website.

Client Responsibilities: The Client is solely responsible for providing all necessary content required for the website, including but not limited to:

  • Text (copywriting)
  • Required Images (Company photographs, graphics, Product images)
  • Videos
  • Any other multimedia elements

The Client must ensure that all content provided complies with copyright laws and does not infringe upon any third-party rights. SiteViva will not be responsible for any content-related issues arising from the materials supplied by the Client.

Any delays in providing the necessary content may extend the timeline for project completion. SiteViva reserves the right to charge additional fees for any modifications or updates requested after the initial content submission.