Terms and Conditions

This Terms of Service (this “Agreement”, “Terms”) is between Lifestyle Business Solutions Pty Ltd, ACN 637569030, Level 13/50 Cavill Avenue, Surfers Paradise QLD 4217, trading as FunnelBundle (“System”, “Company” or “FunnelBundle”) and the person ( “User” or “Customer”) using our services (“Services” or "Service"). We provide you with access to our System that helps you create websites, manage their content and customization as well as hosting services and domains. Listed below are the terms and conditions of using our System. They are necessary in order to maintain a good practice and protect us and yourselves.

1.Starting an account

To enter the System, the User will need to provide a name, email, and a password and to agree to the terms and conditions listed on www.funnelbundle.io. The User will be given an unique FunnelBundle URL for each of the websites they create. It is the User’s sole responsibility to maintain the safety of the account and the password. If the information given by the User is untrue, wrongful or in violation of our terms, the System can suspend or terminate the User’s account. The email used for the registration of the account is considered as the owner of the account and has the right to request assistance from the Company regarding the account. The User is solely responsible for the activities from the User’s account, the maintenance and confidentiality of the credentials to access that account.

The User must immediately notify the Company if they know or have any reason to suspect that their Account or password have been stolen, misappropriated or otherwise compromised or in case of any actual or suspected unauthorized use of their Account.

2. The User’s content

2.1. The User is responsible for any content that is in the User’s website such as images, videos, audio files, design elements, logos, fonts, texts and more. The User is responsible for any of their content. The Company is not responsible for content that has been lost because of the use of FunnelBundle, it is the Member’s obligation to keep it safe and regularly back it up. The Company does not monitor what content has been used in a website and is not to be held responsible for anyone breaking these terms and conditions, but it has the right to delete such harmful content or even terminate accounts if so.

2.2. The User owns all intellectual property associated with the account such as images, videos, audio files, design elements, logos, fonts, texts and any other materials and files created by the member and existing on the website. The User hereby grants FunnelBundle the non-exclusive, royalty-free, unalterable, interchangeable rights to the website content in order for The Company to provide you with FunnelBundle’s Services.

2.3. The Company may choose to highlight or feature the Users’s website in our website for marketing or promotional purposes. The User grants the Company a perpetual, worldwide, royalty-free, non-exclusive right and license to use any version of the Member’s sites, or any portion of the Member’s sites, including without limitation names, trademarks, service marks or logos on Your Sites, for the limited purpose of FunnelBundle marketing and promotional activities. For example, we may feature the sites on the Company’s Themes page, on the Customers sections of our sites or on our social media accounts. The User waives any claims against the Company relating to any moral rights, artists’ rights or any other similar rights worldwide that the User may have in or to the Sites or names, trademarks, service marks or logos on the Sites and any right of inspection or approval of any such use. The User can opt out of being featured by contacting us at admin@funnelbundle.io. This Section does not affect any rights you may have under applicable data protection laws.

3. User’s Obligations

3.1. The User certifies and warrants that they are at least 18 years of age. Persons under the age of 18 are not permitted to use our services.

3.2. The User has to keep their FunnelBundle account login information safe

3.3. The User has to provide The Company with up to date, accurate and valid personal information at all times.

3.4. The User owns the rights to any content uploaded by you on their website, including images, videos, audio files, design elements, logos, fonts, texts and anything that they have the rights to use.

3.5. The content materials can not be used in unlawful or harmful way.

3.6. The User must notify The Company immediately if they become aware of any unauthorised use of your account.

3.7. Your content must not be illegal, unlawful, threatening, abusive, harassing, tortuous, vulgar or obscene in any way, must not infringe any person's legal rights.

3.8. The User must not send unsolicited messages (SPAM) or any unethical advertising of such sort that is considered as “spam” or harmful in any way.

3.9. The User must not upload viruses, worms, Trojan horses or any other malicious code, files, or programs that may interrupt, destroy, or limit the functions and services of FunnelBundle.

3.10. The User may not upload content that contains scam.

3.11. The User may not try to hack, break or override the functions and stability of FunnelBundle or try to exploit the System in any way.

3.12. The User may not use the System to create any scam websites and promotions with misleading content that can harm or scam visitors.

3.13. The User may not use FunnelBundle for distributing, storing or, in any way, using the System for pornographic or adult content and services.

3.14. The User represents and warrants that their use of the Services is not contrary to law, including without limitation applicable export or import controls and regulations and sanctions.

3.15. The User must not in any way try to harm the reputation of FunnelBundle and their partners by leaving harmful comments, untrue and misleading information about the product or any sort of intentional damage to the reputation of FunnelBundle.

3.16. The User must acknowledge and agree that If they are reasonably found guilty of violating of any of these rules and obligations, this may cause immediate termination of your account with no refund for the services that has already been paid for. You may also be forbidden from having an account in the System.

4. Third Party Services

The Company’s Services are integrated with various third party services (“Third Party Services”) for specific purposes that the User may interact while using FunnelBundle. An example for such services is the Payment Processor used to collect payments for user subscriptions. These Third Party Services may have their own terms and policies, and the User’s use of them will be governed by those terms and policies. The Company does not control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them, or for what they do. The User’s security when using Third Party Services is their responsibility. The User also agrees that The Company may, at any time and at it’s sole discretion, and without any notice to them, suspend, disable access to or remove any Third Party Services. The Company is not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses the User may experience as a result (except where prohibited by applicable law).

5. User Content

The sites created using FunnelBundle may contain user content that is in violation of the permitted usage of the platform (Art. 3 - User Obligations). The Company does not endorse or support such content. The Company is not a publisher of, and is not liable for any User Content uploaded, posted, published or otherwise made available via the Services by it’s users. The User is responsible for taking precautions to protect themselves and their computers or networks from User Content accessed via the Services. Any such content detected or reported to us will be removed as a violation of the allowed usage of the Services.

6. Company’s Rights and Obligations

FunnelBundle provides a website building system, templates (themes), website hosting from third party company and domain registration from third party company. The images used for the creation of the mockup themes are released under Creative Commons CC0 (https://creativecommons.org/publicdomain/zero/1.0/deed.en). FunnelBundle does not hold any rights to images used for the creation of the themes.

The Company has the right to change parts or all of the services and functionalities at any given time, to remove or suspend parts or all of the services and functionalities, to suspend and terminate access of members’ accounts to parts or all of the services and change the eligible criteria of using the Services.

HTTPS certificates are issued to any correctly connected domain to a website on FunnelBundle. You do not have an option to disable the HTTPS certificates, they are assigned automatically to any new domains connected to FunnelBundle.

7. Trial Subscription

FunnelBundle provides a 14 day trial to all newly created websites and the users can use the services according to the Agreement for the period of those 14 days. The company will collect your payment information at the start of the trial and will start charging your card only at the end of the trial. Upon completion of those 14 days, unless payment is made, the website will become non-active (expired) until the User subscribes to the paid FunnelBundle services. Trial period is designed for the User to be able to test and create a website to your likes before committing a paid subscription. FunnelBundle has the right to terminate or cancel trial subscriptions in any time for any reasons. The Company can delete the content of any trial or expired website without notice. The Company not in any way to be held responsible for any deleted content from a website build on FunnelBundle.

The subscription rules are as follows:

The first 14 days of the subscription can be cancelled at any time by the member without their credit card being charged (the 14 day free trial)

On the 14th day payment will be completed. No refunds are offered for completed payments.

After 14 days, the subscription can be cancelled at any time and no further subscription payments will be taken. There will be no partial refunds offered.

Cancelation of subscription can be completed in the following ways:

Directly by the user in their profile.

Via email at admin@funnelbundle.io.

Via Live Chat on our site (click the 'Chat with us' button in the bottom-right part of any page on the site).

8. Service Fees

8.1. Service fees are applicable upon signing for the paid services of FunnelBundle that can be monthly or yearly.

8.2. All Fees are calculated in USD and are exclusive of all taxes and you are responsible for payment thereof. FunnelBundle is not liable for any taxes or fees related with commercial products. Since FunnelBundle is registered in Australia, it will charge GST to it’s Australian clients in accordance with Australian tax regulations. 

8.3. The User can upgrade or downgrade at anytime. If upgrading, the User will be charged the difference between the two subscription plans for the extra services. Downgrade refunds are applicable only for yearly subscriptions, up to 14 days after the subscription is made. There are NO refunds for monthly downgrades. If downgrading from a yearly subscription, a calculated amount will be refunded to you according to the actual service fees of the two subscription services. Downgrading may cause a loss of information and services due to the difference between the plans.

8.4. Refunds are allowed only for yearly subscriptions and up to 14 days after the subscription is made. If such refund is issued by the User, he will be refunded the full amount he has paid. The refund amount might be subject to transfer taxes that will be for the cost of the User and will be transferred to the card used for paying the initial subscription cost. Refunds are NOT applicable for “Combo Deals” or “Exclusive Deals” (Custom design and development).

8.5. If a custom domain is claimed with a yearly subscription and the User cancels their services in the 14 day refund period, the full value of the domain will be deducted from the refunded amount.

8.6. At the end of a contract term, the services will be automatically renewed for the same period of time until EXPLICITLY canceled by the User. Cancellation must be made via the System and at least 24 hours prior to the end of the contract period. 

8.7. If you purchase FunnelBundle subscription services, you agree to FunnelBundle and third party services to use and store your credit/debit card information. You authorize us to charge you for any FunnelBundle Services that you may purchase and any applicable taxes connected with the payment card services. You will reimburse us for all collection costs and interest for any overdue amounts. If the payment card expires or you do not provide us with a new payment card nor cancel your subscription, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

8.9. The User is responsible for the fair usage of their websites and can be charged for abnormal server or traffic usage on our unlimited subscription plans. The User will be charged for the resources used by your website.

8.10 Chargebacks - If the User contacts their bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to the Company (“Chargeback”), the Company may automatically terminate the User’s Account. The Company reserves the right to dispute any Chargeback.

9. Service Cancellation

Failure to comply with any of FunnelBundle’s terms or to pay due fees you entitles FunnelBundle to cancel or suspend the User’s account services and website. The User can cancel their services at any time, no questions asked. The Company will not in any way be held responsible for any damages and losses due to cancellation of services.

10. Termination

The Company reserves the right to change, suspend or discontinue, or terminate, restrict or disable your use of or access to, parts or all of the Services or their functionality at any time at it’s sole discretion and without notice.

The User can terminate their services at any time without a cause according to the cancellation procedures.

If the Agreement terms are not respected, it may result in penalties or immediate termination of services without payment refund in any way.

Upon termination FunnelBundle has the right to delete all files, data or information associated with the terminated account.

11. Domains

With subscribing for yearly subscription the User has the right to claim a free custom domain (only for the first year of annual subscription). All domains are brought to the users by third party companies partnering with the Company to provide such service. By claiming a domain, the User agrees with the domain register company’s terms and conditions (https://www.namecheap.com/legal/) and the Company’s participation in the purchasing of the domain.

If the User requests refund and claimed a free custom domain, the User will be charged the fee for the specific domain purchase. The fee will be taken from the refund sum. Transferring the domain might be subject to further fees from the third party domain provider.

The User is the legal and rightful owner of the registered domain. The User’s domain registration will be automatically renewed with each yearly payment according to the Company’s price plan, unless cancelled from the admin panel or by contacting a support representative of FunnelBundle.

Once a domain is registered, the transaction is final and there cannot be refunded or changed for another domain..

12. Warranty and disclaimer

FunnelBundle shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by FunnelBundle or by third-party providers, or because of other causes beyond FunnelBundle’s reasonable control, but FunnelBundle shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, FunnelBundle DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND FunnelBundle DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. Indemnity

To the fullest extent permitted by law, the User agrees to indemnify and hold harmless FunnelBundle and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) the User’s breach of this Agreement; (b) the User Content, Sites and e-commerce; (c) any claims by, on behalf of or against the User’s clients; (d) the User’s violation of any law or regulation or the rights or good name of any third party; and (e) any claims from tax authorities in the User’s country in relation to the User’s e-commerce operations, including without limitation the User’s sales to individual consumers (including distance sales) and other operations for which FunnelBundle may be held jointly and severally liable. 

14. Limitation of liability

The User acknowledges and agrees that to the fullest extent permitted by applicable law, in no event will FunnelBundle and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any damages related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any damages related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and the User’s e-commerce data; (e) any User Content or other conduct or content of any user or third party using the Services, including without limitation defamatory, offensive or unlawful conduct or content; or (f) any Third Party Services or third party sites accessed via the Services.

The User acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for FunnelBundle’s services to you, and such limitations will apply even if FunnelBundle has been advised of the possibility of such liabilities.

15. Modifications

Modifications of the Service. FunnelBundle may make modifications and changes on the existing services or components and will use reasonable efforts to notify all it’s Customers about those changes. The changes are effective upon the date of the change. FunnelBundle shall not be liable for modifications and actions of third party services.

Modifications to the Agreement and the Fees may occur. You will be notified prior to those changes being applied to your account. If you refuse or fail to pay such fees we will cancel your subscription.

16. Miscellaneous

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by the User except with FunnelBundle’s prior written consent. FunnelBundle may transfer and assign any of its rights and obligations under this Agreement without consent. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Customer does not have any authority of any kind to bind FunnelBundle in any respect whatsoever. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorney’s fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by Austrailan laws without regard to it’s conflict of laws provisions.