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Legal - Terms of Service

1. INTRODUCTION

These Terms of Service ("Terms") govern your use of the website building and hosting services provided by 2Suns Pty Ltd (ABN 30 653 525 305), trading as "twocms" ("we," "our," or "Company").

By registering for our services, accessing your account, or using any part of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.

2. DEFINITIONS

  • "Client" or "you" refers to the individual or entity that has registered to use our services.
  • "Content" means any text, images, graphics, photos, audio, video, or other materials that Clients upload, post, or otherwise make available through our services.
  • "Platform" means the twocms website building and hosting platform, including our proprietary framework, content management system (CMS), content delivery network (CDN), DNS services, and related infrastructure.
  • "Services" means the website building, hosting, and related services provided by twocms.
  • "Subscription" refers to the recurring payment arrangement for access to our services.
  • "Website" means the website created using our services, including its design, layout, and underlying code.

3. SERVICES DESCRIPTION

twocms provides website building and hosting services on a subscription basis. Our services include:

  • Website design and development using our proprietary framework
  • Website hosting
  • Content management system (CMS) access
  • Technical support
  • Domain name management (if applicable)
  • SSL certificate provision
  • Content delivery network (CDN) services

4. INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

4.1 Our Intellectual Property

The Platform, including but not limited to our proprietary framework, software, code, algorithms, databases, and infrastructure, is owned exclusively by 2Suns Pty Ltd. We retain all right, title, and interest in and to the Platform, including all related intellectual property rights.

4.2 Website Ownership

The Website created using our Services, including its design, layout, and underlying code, is owned by twocms. When you subscribe to our Services, you are licensing the right to use the Website, but you do not own the Website itself or any of its underlying code.

4.3 Client Content

You retain ownership of the Content you provide for your Website. By uploading Content to our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and display such Content solely for the purpose of providing the Services to you.

4.4 No Transfer of Intellectual Property

Nothing in these Terms transfers ownership of our intellectual property to you. Upon termination of your Subscription for any reason, your license to use the Website ends, and you have no right to receive, access, export, or use any part of the Website's code or underlying structure.

5. SUBSCRIPTION AND PAYMENT

5.1 Subscription Model

Our Services are provided on a subscription basis. You agree to pay all applicable fees as described on our pricing page or as agreed upon in a separate written agreement.

5.2 Payment Terms

Subscription fees are charged in advance on a recurring basis. All payments are non-refundable except as expressly provided in these Terms or as required by applicable law.

5.3 Subscription Changes and Cancellation

You may upgrade, downgrade, or cancel your Subscription at any time through your account dashboard or by contacting our customer support. Changes to your Subscription will take effect at the start of the next billing cycle unless otherwise specified.

6. TERMINATION AND CANCELLATION

6.1 Termination by Client

You may terminate your Subscription at any time by cancelling through your account dashboard or by contacting our customer support. Upon termination:

  • Your Website will remain accessible until the end of your current billing period
  • After the current billing period ends, your Website will be taken offline
  • You will not be entitled to receive any copy of the Website code, design, or structure
  • You will have 30 days to request an export of your Content

6.2 Termination by twocms

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Causes for termination may include but are not limited to:

  • Violation of these Terms
  • Failure to pay subscription fees
  • Engagement in fraudulent or illegal activities
  • Excessive use of system resources

6.3 Effect of Termination

Upon termination of your Subscription:

  • You will lose access to the Website and our Services
  • You are not entitled to a refund of any prepaid fees unless required by law
  • You may not transfer or migrate the Website to another hosting provider
  • You may not request or demand access to the Website's underlying code, design files, or structure

7. CLIENT RESPONSIBILITIES

7.1 Content Responsibility

You are solely responsible for all Content that you upload, post, or otherwise make available through our Services. You represent and warrant that:

  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all Content
  • Your Content does not violate any third-party rights, including intellectual property rights and privacy rights
  • Your Content complies with all applicable laws and regulations

7.2 Account Security

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

8. LIMITATIONS OF LIABILITY

8.1 Service Availability

We do not guarantee that our Services will be uninterrupted, timely, secure, or error-free. We will make reasonable efforts to maintain the availability of our Services but are not liable for any downtime or loss of functionality.

8.2 Disclaimer of Warranties

To the maximum extent permitted by law, our Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.3 Limitation of Liability

To the maximum extent permitted by law, 2Suns Pty Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your use or inability to use our Services
  • Any unauthorized access to or use of our servers and/or any personal information stored therein
  • Any interruption or cessation of transmission to or from our Services
  • Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our Services

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless 2Suns Pty Ltd, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:

  • Your use of and access to the Services
  • Your violation of any term of these Terms
  • Your violation of any third-party right, including without limitation any copyright, property, or privacy right
  • Any claim that your Content caused damage to a third party

10. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of any material changes through our Services or by sending you an email. Your continued use of our Services after such modifications will constitute your acknowledgment and agreement to the modified Terms.

11. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Australia for the resolution of any disputes.

12. MISCELLANEOUS

12.1 Entire Agreement

These Terms constitute the entire agreement between you and 2Suns Pty Ltd regarding our Services and supersede any prior agreements.

12.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.

12.3 Assignment

You may not assign these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction.

12.4 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

13. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

2Suns Pty Ltd
ABN: 30 653 525 305
Email: [email protected]
Website: twocms.com

Last Updated: 08/03/2025

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    259 Princes Highway
    Werribee, 3030, Australia