!Important notices (please read first)
a. The monthly fee is for a service, not a purchase. The Subscription Fee is a rolling charge for us to design, build, host, and maintain your Website. It is not a payment to buy the Website, the code, or the domain. Paying the Subscription Fee, for any length of time, does not by itself transfer ownership of anything to you.
b. Ownership stays with FitFocus until you buy it out. The Website we build for you, including all code, design, files, and assets, and any domain name we register for it, remains the sole property of FitFocus IO PTY LTD at all times, unless and until ownership is transferred to you under clause 10, which requires a written request and payment of the applicable Transfer Costs in full.
c. If you cancel, hosting stops and the site can go offline. When your subscription ends, we stop hosting your Website and may take it offline. Ownership does not pass to you on cancellation. You can still ask to take ownership afterwards by paying the Transfer Costs set out in clause 11.
d. Billing and work start when you subscribe, and the site is not instant. The moment you subscribe, billing starts and we start work. It generally takes up to one to two (1 to 2) weeks to prepare and create your Website, so you are charged from the start of that period, before the Website is live. Because this is a managed service, you start a build by emailing support@quickcoach.fit. How you cancel depends on your plan (see clause 09): Pro subscribers can deactivate the Service themselves under Manage Subscription, while free-tier coaches cancel by emailing support, and we action that request within 24 hours.
01Definitions
In these Website Build Terms:
- "Website" means the website (or landing page, booking page, or similar web property) that we design, build, and host for you under the Service, including its code, design, layout, files, and assets that we create.
- "Coach", "you", "your" means the QuickCoach account holder who requests or subscribes to the Service.
- "Subscription Fee" means the recurring monthly fee for the Service, being US$29 per month at the date of these Terms, or such other amount as we advertise or quote to you from time to time.
- "Domain" means any domain name we register, renew, or manage in connection with your Website.
- "Deliverables" means the Website together with all code, design, source files, and assets we create for it.
- "Your Materials" means the text, images, logos, videos, and other content you supply to us for use on the Website.
- "Transfer Request" means a written request from you, sent to support@quickcoach.fit, asking us to transfer ownership of the Website, the Domain, or both, to you.
- "Build Cost" means the reasonable cost of the initial design and build of your Website, which we will quote to you on request.
- "Transfer Costs" means the amounts payable under clause 11 before ownership of the Website or the Domain passes to you.
- All references to dollar amounts ("$") are in United States Dollars (USD) unless we state otherwise, consistent with the rest of QuickCoach billing.
02Eligibility and Requesting a Build
The Service is a concierge service. It is available to any QuickCoach account holder on any plan, including the Free plan. You do not need a QuickCoach Pro subscription to request a website build.
To request a build, email support@quickcoach.fit and tell us what you need. Because this is a managed service, you start a build by emailing support, so our team knows to begin. Cancelling depends on your plan: Pro subscribers deactivate the Service themselves under Manage Subscription, and free-tier coaches cancel by emailing support (see clause 09). We will confirm what is included, the Subscription Fee, and anything we need from you before we start. A build begins only once we have accepted your request in writing and, where required, your first Subscription Fee has been paid.
We may decline a request, or decline to build particular content, at our discretion, including where the request is unlawful, infringes a third party's rights, or falls outside what the Service reasonably covers.
03The Concierge Build Process
Under the Service we design, build, host, and maintain a website for your coaching business. The exact scope of each build is agreed with you at the time and may cover things like page design, copy layout, contact or booking forms, and connecting your Website to your QuickCoach signup links. Where you do not yet have any web presence, the Service can establish a basic online presence for you, and a typical build focuses on clean, well-designed landing pages.
3.1 It starts with a conversation
The Service begins with a short consultation so we understand what you do and what you need, and what you do not. The initial Subscription Fee is what starts that conversation and the work that follows. You accept that part of what the Subscription Fee covers is this discovery and planning, not only the finished pages.
3.2 Billing and work start when you subscribe
Billing and work both start the moment you subscribe. The Website is not produced instantly. It generally takes up to one to two (1 to 2) weeks to prepare and create the Website from the time you subscribe, depending on the scope and on how quickly you provide Your Materials and feedback. Because work begins straight away, the Subscription Fee is charged from the start of that period, before the Website is live.
3.3 Revisions and scope
We aim to reflect your brief, but you accept that design and build involve judgement on our part. We are not obliged to make unlimited revisions. Where a request materially expands the agreed scope, we may quote additional time or decline it.
04Fees and Billing
4.1 The Subscription Fee
The Service is billed as a rolling monthly Subscription Fee of US$29 per month, charged in advance from the moment you subscribe, which is when we begin work (see clause 3.2). The Subscription Fee covers the initial discovery conversation, design, build, hosting, and reasonable ongoing maintenance for as long as you subscribe.
4.2 What the fee does and does not include
The Subscription Fee is a service charge. It is not a purchase price for the Website, the Deliverables, or the Domain, and it does not build up equity or credit toward ownership. If you later take ownership, the Subscription Fees you have already paid are taken into account only as set out in clause 11.
4.3 Payment, non-refundable, and price changes
- Fees are billed in advance and are non-refundable, except where a refund is required by law.
- You authorise us to charge your selected payment method for the Subscription Fee each cycle.
- We may change the Subscription Fee on at least 30 days' notice. Continued use of the Service after the change takes effect is acceptance of the new fee.
4.4 Add-on to QuickCoach, billed separately
The Service is separate from, and additional to, your QuickCoach plan and any other add-on. A Free-plan coach who subscribes to the Service pays only the Subscription Fee. A Pro coach pays their Pro fee plus the Subscription Fee. Never treat the Service as included in the Pro price or in any other add-on.
05Ownership of the Website and Deliverables
The Website and all Deliverables are, and remain, the sole and exclusive property of FitFocus IO PTY LTD from the moment they are created, and all intellectual property rights in them vest in and remain with FitFocus, unless and until ownership is transferred to you under clause 10.
This is the case regardless of how long you have subscribed or how much you have paid in Subscription Fees. Subscribing to the Service gives you the licence described in clause 07 to use the Website while you pay for it. It does not give you ownership of the Website, the code, the design, or the Domain.
Your Materials are not affected by this clause. You keep ownership of Your Materials, and clause 08 covers the licence you give us to use them.
06Domain Names
Where we register, renew, or manage a Domain for your Website, we do so in our own name or under our own registrar account, and the Domain remains our property until it is transferred to you under clause 10.
The cost of registering and renewing the Domain is borne by us as part of running the Service. It is a net cost that FitFocus absorbs for as long as you subscribe. It is not added to the Subscription Fee and is not separately billed to you while you subscribe.
If you already own a domain and ask us to use it, that domain stays yours throughout. This clause 06 applies only to a Domain we register or acquire for you.
07Your Licence While You Subscribe
While your subscription is active and your Subscription Fees are paid up to date, we grant you a non-exclusive, non-transferable, revocable licence to use and display the Website as your coaching website for your own business purposes.
This licence does not permit you to copy, resell, sublicense, or transfer the Website or its code, or to move the Website or the Domain to another host or provider, unless and until ownership is transferred to you under clause 10. The licence ends automatically when your subscription ends.
08Your Content and Materials
You retain ownership of Your Materials. By giving them to us, you grant FitFocus a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, and display Your Materials for the purpose of building, hosting, and maintaining your Website.
You confirm that you own or have the rights to Your Materials and that our use of them on your Website will not infringe any third party's rights or breach any law. You are responsible for the accuracy and legality of Your Materials, including any claims made in copy you supply.
09Cancellation and What Happens to the Website
You may cancel the Service at any time. How you cancel depends on your plan:
- QuickCoach Pro subscribers can cancel the Service themselves, in the same way as any other add-on: open Manage Subscription in the app, go to Add-ons, and deactivate the website build. The cancellation takes effect from the end of the current paid billing period.
- Free-tier coaches cancel by emailing support@quickcoach.fit, because the Service is a concierge service managed for you. We action a cancellation request within 24 hours of receiving it.
On cancellation, by either method:
- your Subscription Fee stops at the end of the current paid billing period, and no partial refund or credit is given for the remainder of that period;
- we stop hosting the Website and may take it offline at or after the end of the paid period;
- ownership of the Website, the Deliverables, and any Domain we registered remains with FitFocus; and
- the licence in clause 07 ends.
Cancelling does not, by itself, give you the files, the code, or the Domain. If you want to keep and own the Website or the Domain after cancelling, you must make a Transfer Request and pay the Transfer Costs under clauses 10 and 11. We are not obliged to keep a copy of a cancelled Website indefinitely, so if you may want a transfer, tell us before or at the time you cancel.
10Transferring Ownership to You
You can ask to own your Website, your Domain, or both. Ownership does not transfer automatically, on cancellation, or simply because you have subscribed for a period of time. It transfers only once all of the following have happened:
- you send us a Transfer Request at support@quickcoach.fit saying what you want transferred (the Website, the Domain, or both);
- we give you a written quote of the applicable Transfer Costs under clause 11; and
- you pay those Transfer Costs in full.
Once the Transfer Costs are paid, we will assign to you the ownership you have paid for, hand over the relevant files or arrange the Domain transfer with the registrar, and confirm the transfer in writing. From that point, the Website or Domain is yours and this Service no longer applies to it.
Until a transfer is completed under this clause, everything we build and register stays our property, as set out in clauses 05 and 06.
11Costs Payable on Transfer
11.1 Taking ownership of the Website and code
To own the Website and its code and design outright, you pay the reasonable Build Cost of the initial design and build, less the total Subscription Fees you have already paid for the Service. In other words, you pay the difference between what it reasonably cost to build the Website and what you have already contributed through your Subscription Fees. We will quote this figure to you in writing when you make a Transfer Request. Until the Build Cost has been recovered in full, the Website remains our property.
Worked example. You request a build and pay the Subscription Fee of US$29 per month. After one month you cancel, having paid US$29. If you then ask to own the Website, the amount payable is the reasonable Build Cost we quote, less the US$29 you have already paid. You pay that difference to take ownership of the Website and its files. The cost of the Domain we registered for you is separate and is dealt with in clause 11.2, because that Domain cost is one we absorbed at a net loss while you subscribed.
11.2 Taking ownership of the Domain
To have a Domain we registered transferred into your name, you pay the costs associated with transferring it, being any registrar transfer fee and the remaining registration or renewal cost we have borne for the Domain and not yet recovered. From the date the Domain is transferred to you, you become solely responsible for all future registration, renewal, and running costs of that Domain.
11.3 Hosting becomes your responsibility after transfer
Once your Website or Domain is transferred to you, we no longer host, maintain, back up, secure, or support it. You are solely responsible for arranging and paying for hosting, and for all other ongoing costs of running the Website, from the date of transfer. We can point you to what you need, but the hosting relationship and its costs are then yours.
11.4 Reasonable costs, quoted in advance
All Transfer Costs under this clause are reasonable costs, quoted to you in writing before you commit, so you can decide whether to proceed. We will not transfer ownership until the quoted Transfer Costs are paid in full. Transfer Costs are separate from, and additional to, any Subscription Fees, and are non-refundable once a transfer is completed.
12Hosting, Maintenance and Availability
While you subscribe, we host your Website and carry out reasonable maintenance. We do not guarantee that the Website will be available without interruption or free of errors. We may carry out maintenance, updates, or migrations that briefly affect availability.
We are not liable for downtime, loss of data, or loss of business arising from interruptions to the Website, to the extent permitted by law. If you need guaranteed uptime or a formal service level, tell us and we will discuss whether that is something we can offer.
13Your Responsibilities and Acceptable Use
You agree that your Website, and Your Materials, will:
- be lawful, accurate, and not misleading or deceptive;
- not infringe any third party's intellectual property, privacy, or other rights;
- not contain unlawful, harmful, or offensive content; and
- comply with all laws that apply to your coaching business, including consumer, advertising, health, and privacy laws.
You are responsible for the claims you make about your services on the Website. We may remove content, or suspend or take down the Website, where we reasonably believe it breaches this clause, the Main Terms, or the law.
14Third-Party Services
Your Website may rely on third-party services, such as a domain registrar, a hosting provider, a forms or booking tool, or analytics. Those services are governed by their own terms. We are not responsible for the acts, omissions, pricing, or availability of third-party providers, though we will act reasonably in choosing and managing them while we host your Website.
15Disclaimer of Warranties
To the maximum extent permitted by law, the Service and the Website are provided on an "as is" and "as available" basis. We make no representations or warranties, express or implied, that the Website will achieve any particular result for your business, rank in search engines, generate leads or sales, or be error-free or continuously available.
Nothing in this clause excludes, restricts, or modifies any right, guarantee, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law or any other applicable law (see clause 18).
16Limitation of Liability
To the maximum extent permitted by law, our total aggregate liability to you in connection with the Service (whether in contract, tort, statute, equity, or otherwise) is limited, at our election, to re-supplying the relevant part of the Service, or to the total Subscription Fees you paid for the Service in the twelve (12) months immediately before the event giving rise to the claim.
In no event will FitFocus, its affiliates, directors, officers, employees, contractors, or agents be liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profits, revenue, goodwill, opportunity, data, or anticipated savings, arising out of or in connection with the Service, even if advised of the possibility of such loss.
17Indemnity
You agree to indemnify, defend, and hold harmless FitFocus, its affiliates, directors, officers, employees, and agents from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:
- Your Materials, or any content you asked us to publish on your Website;
- your use of the Website, including after a transfer of ownership to you;
- your breach of these Website Build Terms, the Main Terms, or any applicable law; and
- any claim by a client or third party arising from your Website or your conduct.
18Australian Consumer Law
Nothing in these Website Build Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other applicable law that cannot lawfully be excluded, restricted, or modified. Where we are permitted by law to limit the remedies available to you for breach of a non-excludable guarantee, our liability is limited as set out in clause 16.
19Changing or Ending the Service
The Service is offered at our discretion. We may change what the Service includes, change the Subscription Fee on notice under clause 4.3, or stop offering the Service to new or existing coaches.
If we decide to stop hosting your Website (for example, if we retire the Service), we will give you reasonable notice and the chance to take ownership under clauses 10 and 11 so you can move it elsewhere. We will not hold your Website hostage: you always have the option to buy it out on the reasonable terms in clause 11.
20Privacy
Personal information collected in connection with the Service, including through forms on your Website, is handled in accordance with the QuickCoach Privacy Policy. Where your Website collects personal information from your own clients or visitors, you are responsible for meeting your own privacy obligations to those people.
21General
Assignment. You may not assign or transfer your rights or obligations under these Website Build Terms without our prior written consent. We may assign or novate these Website Build Terms at any time on notice.
Relationship. Nothing here creates any partnership, agency, joint venture, or employment relationship between us. We act as an independent service provider.
Severability. If any provision is held invalid or unenforceable, it is read down or severed to the minimum extent necessary, and the rest continues in force.
Waiver. A failure or delay in exercising a right is not a waiver of it.
Entire agreement. These Website Build Terms, together with the Main Terms, are the entire agreement between us in relation to the Service and supersede all prior discussions and understandings about it.
22Governing Law and Jurisdiction
These Website Build Terms are governed by the laws of New South Wales, Australia. The parties submit to the exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them. Any dispute is first addressed through the informal resolution and arbitration process set out in the Main Terms.
23Contact
Questions about the Service, a build, or transferring ownership can be directed to:
By requesting a website build or paying the Subscription Fee, you acknowledge that you have read these Website Build Terms, understood them, and agree to be bound by them.