Customer terms of service.

1. Agreement and parties

1.1 These terms are an agreement between Hedgehog Site Limited, a New Zealand company (Hedgehog, we, us), and the business that signs up (you). They apply when you tick the box at sign-up, pay, or use the Service, whichever comes first.

1.2 The person who signs up confirms they have authority to bind the business.

1.3 Business use only. You are acquiring the Service for the purposes of a business. If you are in New Zealand, we both agree that the Consumer Guarantees Act 1993 does not apply, and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent permitted by section 43 of that Act and section 5D of the Fair Trading Act. We agree this is fair and reasonable given the price of the Service and the allocation of risk in these terms.

1.4 Definitions.

• Service: converting your existing website into a static site (the Migration), hosting it, and letting you edit it by text or voice instructions (the Editor).
• Your Site: the website we build and host for you.
• Your Content: everything on Your Site or that you give us, including text, images, video, audio, logos, trade marks, fonts, designs, code and personal information. It includes anything we copy from your existing website at your request, and anything you create with the Editor.
• Security Incident: any unauthorised access to, change to, or disruption of Your Site, our systems, or Your Content, including hacking, defacement, malware, denial of service and data loss.
• Consumer Law: any law that gives you rights or remedies that cannot lawfully be excluded, including the Australian Consumer Law.

2. The Service

2.1 Migration. You authorise us to access, copy and convert the website at the address you give us, and any files you send us, to create Your Site. You confirm you control that website or have the owner's permission for us to copy it.

2.2 Review before launch. We will show you Your Site before it goes live. You must check it for accuracy and approve it. Once you approve it, or it goes live at your request, you accept it as your own.

2.3 Hosting. We host Your Site on third-party infrastructure (such as cloud hosting and content delivery networks) that we choose and may change.

2.4 Editor. The Editor uses automated tools, including artificial intelligence, to turn your instructions into changes. Automated output can be wrong. You are responsible for checking every change before you publish it, and for what Your Site says once published.

2.5 What is not included. Unless we agree otherwise in writing, the Service does not include: domain registration or renewal, email hosting, search ranking, legal or compliance advice about Your Content, or restoring content that was never on Your Site.

2.6 Changes to the Service. We may change features of the Service. We will not remove a core feature (hosting, the Editor, or your ability to export Your Site) during a paid period without giving you a pro-rata refund if you choose to leave.

3. Fees

3.1 Initial period. The setup fee shown on your order covers the Migration, plus hosting and the Editor for the initial period stated on your order, starting on the day Your Site goes live.

3.2 After the initial period. You pay the recurring fee for the billing plan you choose (such as yearly or monthly), in advance, at the price shown on your order or as changed under clause 3.5. If you do not choose, we will continue on the billing plan shown on your order.

3.3 Fees are in the currency shown on your order and exclude taxes. Where we must charge GST, VAT or sales tax, we will add it to the invoice.

3.4 If a payment fails, we will tell you and try again. If it is still unpaid 14 days after our notice, we may suspend Your Site until it is paid.

3.5 We may change our prices for future billing periods by giving you at least 30 days' notice. The change will not affect a period you have already paid for.

4. Renewal, cancellation and refunds

4.1 Automatic renewal. Your plan renews automatically at the end of each billing period until you cancel.

4.2 Cancelling. You can cancel online in your account at any time, or by emailing us. Cancellation takes effect at the end of the period you have paid for.

4.3 Reminders. For yearly plans we will email you at least 15 days and no more than 45 days before renewal, with the price and how to cancel.

4.4 Refunds. If you are not happy with the Migration, tell us before you approve Your Site and we will refund the setup fee in full. After Your Site goes live, fees are not refundable except under clause 2.6, clause 13.4, or where Consumer Law requires a refund.

5. Your Content belongs to you

5.1 You keep ownership of Your Content. We claim no rights in it except the licence in clause 5.2.

5.2 You grant us a worldwide, non-exclusive, royalty-free licence to copy, store, convert, adapt, format, host, cache, transmit and display Your Content, and to let our hosting and AI providers do the same, only as needed to provide the Service. The licence ends when Your Site is deleted under clause 14, except for copies held in routine backups until they expire.

5.3 We own the Hedgehog software, Editor and templates we create. Code we write for Your Site is licensed to you to use for your business, including after you leave.

6. Your promises about Your Content

You are responsible for Your Content. We do not check whether you hold the rights to it, and we rely on these promises when we copy and publish it.

6.1 General promise. You promise that, for all Your Content, you either own it or hold every licence, permission and consent needed for us to copy, convert, host and publish it as part of the Service, in every country where Your Site can be viewed. This applies to content you supply, content we copy from your existing website, and content created with the Editor at your instruction.

6.2 Specific promises. Without limiting clause 6.1, you promise that:

1. Text. You wrote the text, or own it, or have permission to use it. It does not copy anyone else's work without permission.
2. Photos and videos. You took them, own them, or hold a current licence that covers use on your business website.
3. People in images. Every identifiable person shown in Your Content (including staff, customers, patients and children) has given consent for their image to be used on your website, in writing where the law requires it. For anyone under 18, a parent or guardian has consented. Where a person has withdrawn consent, you will remove the image.
4. Logos and trade marks. You own every logo, brand and trade mark on Your Site, or are licensed or legally entitled to use it. This includes supplier, partner, certification and association logos.
5. Stock and royalty-free images. For every stock, royalty-free or Creative Commons image, video, icon or illustration, you hold a valid licence in your own name (or your business's), the licence allows use on a website hosted by a third party, and you comply with its terms, including any attribution or usage limits. "Royalty-free" does not mean free of licence terms.
6. AI-generated material. Any material created with AI tools was created in line with that tool's terms and does not copy a third party's protected work, likeness or trade mark.
7. Fonts, music and embedded media. You hold licences for any fonts, music, maps, video players or other embedded items that allow them to be used on Your Site as we host it.
8. Accuracy and legality. Your Content is accurate, not misleading, and complies with law, including advertising, consumer, health and professional rules that apply to your business (for example rules on testimonials, before-and-after photos, prices and qualifications).
9. Personal information. You have collected any personal information in Your Content lawfully, and you have a privacy policy that covers your website.

6.3 Material licensed through your old platform. Some website platforms and theme sellers (such as Wix, Squarespace or WordPress theme marketplaces) license templates, designs, fonts, images and code only for use on their own platform. You are responsible for checking whether any such material on your existing website may be moved to another host. If it may not, you must tell us before the Migration, or replace it, and we may remove or replace it.

6.4 Proof. If we ask, you will give us evidence of a licence, release or consent within 10 business days.

6.5 If a promise turns out to be wrong. You must tell us promptly if you learn that any of Your Content breaches these promises, and remove or replace it. We may remove or disable any Your Content that we reasonably believe breaches them, without liability to you.

7. Copyright and rights complaints

7.1 If anyone tells us that Your Content infringes their rights, we may remove or disable it while we look into the complaint. We will tell you and give you a chance to respond, unless the law or the urgency of the complaint prevents it.

7.2 We respond to notices under the US Digital Millennium Copyright Act and similar laws. Notices go to our designated agent at sites@hedgehogsite.com. We may terminate the accounts of customers who repeatedly infringe.

8. Acceptable use

8.1 You must not use the Service, or let Your Site be used, to:

• publish anything unlawful, defamatory, discriminatory, obscene or fraudulent;
• infringe anyone's intellectual property, privacy or publicity rights;
• host malware, phishing pages or files for distribution unrelated to your website;
• send spam, or collect personal information without a lawful basis;
• probe, attack or overload our systems or anyone else's; or
• resell the Service without our written agreement.

8.2 We may suspend or remove content that breaches this clause, and suspend Your Site if needed to protect the Service, other customers or the public. Where practical we will tell you first.

9. Security, availability and backups

9.1 What we do. We use reasonable, industry-standard measures to protect Your Site, including serving it as static files without a public admin login or plugins, encrypted connections, and access controls on our systems.

9.2 No guarantee. No website or hosting system can be made completely secure. We do not promise that Your Site will be free from Security Incidents, uninterrupted, error-free or available at any particular time. Your Site depends on systems we do not control, including hosting and network providers, domain registrars, DNS, and the internet.

9.3 Your part. You are responsible for:

• keeping your Hedgehog login, email account and devices secure, and using multi-factor authentication when we offer it;
• your domain name, its registrar account and DNS settings, unless we manage them for you in writing;
• any third-party services you connect to Your Site, such as booking, payment, form or chat tools; and
• keeping your own copy of important Your Content.

Instructions given through the Editor from your account are treated as yours.

9.4 Backups. We keep backups of Your Site as part of normal operations and will try to restore from them after a Security Incident or error. Backups are not guaranteed to be complete or current, and are not a substitute for your own copies.

9.5 If something goes wrong. If we become aware of a Security Incident affecting Your Site, we will take reasonable steps to contain it, restore Your Site from backup where possible, and notify you without undue delay, as well as anyone else the law requires.

9.6 Maintenance. We may take the Service offline for maintenance. We will try to give notice of planned work and keep it short.

10. Disclaimers

10.1 TO THE EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". WE EXCLUDE ALL WARRANTIES, CONDITIONS AND GUARANTEES NOT SET OUT IN THESE TERMS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND UNINTERRUPTED OPERATION.

10.2 We do not promise any particular search ranking, traffic, enquiries or sales from Your Site.

11. Limitation of liability

11.1 Losses we are not responsible for. To the extent permitted by law, we are not liable to you, however caused (including by negligence), for:

1. any Security Incident, or any downtime, data loss or corruption, unless it was caused by our gross negligence or wilful misconduct;
2. Your Content, including any claim that it infringes someone's rights or breaks the law;
3. errors in changes made through the Editor that you published;
4. acts or failures of third parties, including hosting, network and AI providers, domain registrars, and attackers; or
5. loss of profits, revenue, business, customers, goodwill or opportunity, or any indirect or consequential loss.

11.2 Cap. To the extent permitted by law, our total liability to you for all claims under or in connection with these terms, in contract, tort (including negligence), under statute or otherwise, is limited to the fees you paid us in the 12 months before the event that gave rise to the first claim.

11.3 Time limit. You must bring any claim within 12 months of when you first knew, or should have known, of it, to the extent permitted by law.

11.4 Consumer Law guarantees. If Consumer Law implies a guarantee into these terms that cannot be excluded, and it lets us limit our liability, our liability for breaching that guarantee is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

11.5 What we do not limit. Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, for death or personal injury caused by negligence, or under Consumer Law (see clause 16).

11.6 Why this is fair. Our fees are low because the Service is a standard, shared service and you control Your Content. You agree this allocation of risk is reasonable, and you can buy your own insurance against business interruption and cyber risk.

12. Your indemnity

12.1 You will indemnify and keep indemnified Hedgehog, its directors, employees and contractors against all claims, losses, damages, fines, penalties, costs and expenses (including reasonable legal costs) arising from:

1. Your Content, including any claim that it infringes a copyright, trade mark, image, privacy or publicity right, or breaches a licence, model release or consent;
2. any breach of your promises in clause 6 or the rules in clause 8;
3. your business, products or services, and anything Your Site says about them; or
4. your breach of law, including privacy and anti-spam law.

12.2 Process. We will tell you promptly about any claim covered by clause 12.1, let you control its defence and settlement (as long as you do not admit fault on our behalf without our consent), and give you reasonable help at your cost. We may join the defence with our own lawyers at our cost.

12.3 Your liability under this clause is reduced to the extent our own breach or negligence caused the loss.

12.4 The cap in clause 11.2 does not apply to this indemnity.

13. Suspension and termination

13.1 You may end these terms by cancelling under clause 4.2.

13.2 We may suspend or end the Service immediately by notice if you seriously breach these terms (including clauses 6 or 8), or do not fix any other breach within 14 days of our notice.

13.3 We may suspend Your Site without notice where needed to stop an active Security Incident or a serious legal risk. We will restore it as soon as the risk has passed.

13.4 We may end the Service for any other reason with 60 days' notice, and refund the unused part of any fees you have paid in advance.

14. Leaving Hedgehog

14.1 For 30 days after the Service ends, you can download a copy of Your Site's files from your account, unless we ended it for a breach of clause 6 or 8 involving unlawful content.

14.2 After those 30 days we may delete Your Site and Your Content. Copies in backups are deleted on their normal cycle.

15. Privacy

15.1 Our Privacy Policy explains how we handle your personal information.

15.2 Where Your Site collects personal information from your visitors (for example through a contact form), you are responsible for it and we handle it for you only to provide the Service, under our Data Processing Addendum, which forms part of these terms.

16. Consumer law and rights we cannot remove

16.1 Nothing in these terms excludes, restricts or changes any right or remedy, or any guarantee, warranty or term, that is implied or given by law and cannot lawfully be excluded, restricted or changed. Where a clause of these terms would do that, it applies only to the extent the law allows.

16.2 If any part of these terms is invalid or unenforceable in a jurisdiction, it is read down or severed in that jurisdiction only, and the rest continues to apply.

17. Governing law and disputes

17.1 These terms are governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand.

17.2 This does not remove any right you have to bring a claim in your home country under mandatory local law.

17.3 Before starting court proceedings (except for urgent relief), each party will try in good faith to resolve the dispute by talking for at least 20 business days after written notice of it.

18. General

18.1 Changes to these terms. We may update these terms by giving you at least 30 days' notice by email. If you do not agree, you may cancel before the change takes effect and we will refund the unused part of any prepaid fees. The change applies from your next billing period.

18.2 Notices. We send notices to the email address on your account. You send notices to sites@hedgehogsite.com.

18.3 Subcontractors. We may use subcontractors and service providers. We remain responsible for our obligations under these terms.

18.4 Assignment. You may not transfer these terms without our consent. We may transfer them to a buyer of our business, with notice to you.

18.5 Events beyond our control. We are not liable for delay or failure caused by events beyond our reasonable control, including large-scale cyber attacks, provider outages, natural disasters and government action.

18.6 Whole agreement. These terms, our Privacy Policy and the Data Processing Addendum are the whole agreement between us about the Service.

18.7 Surviving clauses. Clauses 5.2 (for backups), 6, 10, 11, 12, 14, 16 and 17 continue after these terms end.

18.8 Electronic acceptance. Ticking the box at sign-up, or paying, is a binding signature to these terms.