Saying no to the Complex Web

Flamin’ Fig Terms & Conditions

Welcome to flaminfig.com (our website), a web store website operated by Flamin’ Fig and dedicated to the ethically-conscious, creatives, entrepreneurs/ecopreneurs, passionate users of the Sitely App and to all web lovers as well. Flamin’ Fig is registered in Australia through our ethically-conscious parent ZENZULU CREATIVE and started trading in March of 2020.

IT IS NOTED here that all our theme kits and offered services are priced in AU$ regardless of which country you make your purchase from.

The purchasing (of theme kits and brand kits) or using any of our products or services (domain name, hosting, or hiring us) signifies that you have read, understood, and agreed to be bound by the terms and conditions outlined below. Sales taxes may apply.

Flamin’ Fig make website theme kits for the Sitely App which we have no say in, any investment in, nor association with. Flamin’ Fig is totally independent of the Sitely business model and its product - the Sitely App, and is only a supplier of an end product  (i.e. theme kit templates) using the Sitely App.

All Flamin’ Fig theme kit templates, and any content within, including but not limited to the items therein,  are the exclusive property of Flamin’ Fig. The exceptions are some third party photos, images, videos, or graphics that may be used with a regular license where this is stated so. This means that photos, images, videos, and graphics used in our theme kit templates,  unless otherwise stated, are purely for demonstration/inspirational purposes and are not included in the purchase. They are licensed on the basis of editorial use only and will need to be replaced by the purchaser.

Flamin’ Fig not only supplies theme kit templates for the Sitely App,  we also offer supportive services to host a website.

You CAN USE our digital theme kit templates for…

•    Building your own website or personal online portfolio, replacing the images and text;

•    Building a website for a commercial client, customising the theme kit template as required by replacing images and text;

•    A basis, inspiration, or a starting point for designing your own website or a commercial clients’ website;

•    Educational purposes through deconstruction and analysis to learn how to effectively design and build powerful websites.

You CAN NOT use our digital theme kit templates for…

•    Reselling theme kit templates as is, or deconstruct elements of the theme kit template under another brand;

•    Extracting and/or copying the laid down content and converting it to another online or offline web building platform;

•    Building a website that is unlawful, hateful or harbours or promotes illegal activities;

•    Activities that may harm, damage, or compromise the reputation of Flamin’ Fig, or misrepresent the Flamin’ Fig brand in any way other        than what the Flamin’ Fig brand represents and promotes.

THEME KIT TEMPLATES AND IMAGES, GRAPHICS & CONTENT

Flamin’ Fig theme kit templates are designed to be inspirational. Each template is representative of a particular industry (mostly ethically conscious) so that certain features or elements of that industry are represented in the theme kit template within the capacity of the Sitely App feature set at the time of creation and build. The images and graphics used within our theme kit templates are for visual inspiration and demonstrative purposes only. Each template is completely fictional and does not seek to pretend or represent an individual or business deliberately, and in any such case this is purely coincidental.

It is important to note that most of the images included in Flamin’ Fig theme kit templates are from other sources/entities (unless stated otherwise) and there use is governed strictly by the licensing terms of the supplying entity, without exception. Sources may include Flamin’ Fig,  private individuals or companies. However,  the majority  are sourced from (but not limited to) Pexels, Unsplash, Splitshire, Pixabay, Picjumbo. 

Flamin’ Fig is the curator of all the graphic elements (as opposed to the placed visual stock images) that are found in your theme kit template and, if not created by us, are sourced from reputable online libraries. Note that we have no association or control over these suppliers and that we adhere to their licensing terms, including acknowledgement and/or accreditation and that these are strictly NOT HANDED OVER to you on purchase.

As the PURCHASER you must comply with all licensing and copyright associated with any and all third party photos, images, videos, and graphics used within the templates, and with Flamin’ Fig created images, videos, font-kits, and graphics used within the templates.

THEME KIT TEMPLATE UPDATES

All themes kits are consistently tested and updated to be compatible with the latest stable version of the Sitely App. However, we can give no guarantee that current versions of Flamin’ Fig theme kit templates will be compatible with previous versions of Sitely, or that previous versions of our theme kit templates will be compatible with the current version of Sitely.

BROWSER COMPATIBILITY

Flamin’ Fig theme kit templates are tested and optimised for the latest version of modern W3C web browsers on both macOS and Windows. Flamin’ Fig can not and will not guarantee that Flamin’ Fig theme kit templates will work with all browser combinations, especially obscure or outdated ones greater than 1 year old.

LIABILITY

Flamin’ Fig will not be liable to you or to any other person or entity for any general, punitive, special, direct, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Flamin’ Fig theme kit templates and Flamin’ Fig brand kits or our domain name and carbon neutral hosting services.

DOWNLOAD

Flamin’ Fig does not promise that any particular Item will continue to be available on the website. We recommend you to download and save  and copy the Item as soon as you purchase it. We also recommend you take a copy of the original and use that to create your website so you always have the original as a back up. We will employ reasonable efforts to make sure that our website is always available to you, but from time to time there may be temporary disruptions that are out of our control.

WARRANTY & REFUND or RETURN POLICY

Flamin’ Fig theme kit templates and brand kits are provided “as is” without warranty of any kind, either expressed or implied. In no event will Flamin’ Fig be liable for any damages or other losses arising out of the use of or inability to use of our said products.

Given the nature of downloadable and irrevocable digital items, Flamin’ Fig does not accept returns or issue refunds after the purchase is made. All purchases are non-refundable. You are responsible for understanding this upon purchasing a product.

It is also noted we further disclaim any warranty that (a) The items will meet your requirements  or will be totally error-free (b) The quality of the items will meet your projected expectations (c) By using our product you will make the expected money you envision

 Additional Service =============

DOMAIN NAMES

You may purchase your own domain name through a Registrar. Alternatively, you can request Flamin’ Fig to  purchase a domain name on your behalf. In either case, there is no guarantee that the requested domain name will be available. To avoid disappointment we recommend that you contact us to help you choose an available and appropriate domain name. 

Registration of your domain name will be confirmed by the Registrar holding your domain name. 

Flamin’ Fig will maintain the Domain Name registration on your behalf  for as long as you continue to use us as your domain host and duly pay the annual or bi-annual fee. If fees are not paid by the due date (this will always be 1 month before your domain name expires/renews), or if you cease to use us as your domain provider, we will cease to maintain your Domain Name registration.

Customers who own their own domain name also agree to the terms and conditions relating to domain registration.

You can have more than one domain name  for an additional cost, if required, See details on our website hosting pricing page.

Additional Service =============

HOSTING

Carbon neutral hosting is an additional service offered by Flamin’ Fig. We offer three types of hosting packages accommodating for basic,  mid-range  and advanced users. The service is additional to our theme kit templates and brand kits;  it is provided on request and is purchased annually. This service is available to Flamin’ Fig clients as well as the general public, all of whom are to follow the General Rules of Conduct:

Your use of our service, including any content you submit, will comply with the following terms of use together with any other applicable service agreement or policies as well as all applicable local, state, national and international laws, rules and regulations. 

Prohibited conduct - All users of our hosting services are prohibited from directly or indirectly engaging in any of the following :

•    Causing an information security risk to all other users

•    Violating intellectual property rights of other users or, in general, internet users

•    Violating the privacy, publicity or other personal rights of others

•    Promoting or providing assistance in promoting activities including but not limited to:

- Weapons of all types or explosives

- Content that is likely to shock or disgust (such as hatred, violence, threats, abuse or cruelty to people or animals; harassment; racism; sexual; pornographic; adult products or services including novelties; religious, race or political intolerance, or organisations with such views; vandalism; crime; terrorism; eating disorders; tobacco products and paraphernalia; or promotion of suicide)

- Content that is meant to bully, exploit or appears to unfairly capitalise at the expense of others

- Unsafe supplements

- Engaging in or promoting products associated with illegal activities (such as drugs; psychoactive substances; equipment to facilitate drug use, illegal gaming; or underage drinking or smoking)

- Highly regulated products or services

Responsibility for Content and Account Activity - You are solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. You must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of our infrastructure or associated services.

Email - Sending unsolicited email messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. You will not use another site’s mail server to relay email without the express permission of the site. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside our server network. It is also strictly forbidden to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Emails.

SSL Certificate - A Free Lets Encrypt SSL Certificate will automatically be added to every domain for new customers. Enabling (or forcing) the SSL certificate will give your domain an "https://" prefix, which ensures your website will be labeled as "secure" in most web browsers. This is a free add on and not a third party, but we take no further responsibility or liability after adding it and there is no issued insurance or warranty against it.

You must ensure at all times you comply with our hosting terms & conditions, and must not host any content or allow any account activity that breaches our usage terms.

Breaches - If you do proceed to contradict our terms & conditions then the following will be enforced…

First Violation - When we determine a hosting service has violated any element, you will receive an email warning advising of the violation. Your hosting service may at our discretion be subject to a temporary suspension until you agree to cease any violations, at which point we will un-suspend your service.

Second Violation – When we determine a hosting service has committed a second violation of any element, the hosting service shall be subject to immediate suspension or termination without further notice.

Recurring Fee – All subscriptions for hosting services provided by us are recurring by nature and you agree to pay any recurring fees listed in the service description in advance (by 2 weeks) each anniversary date until such time as you submit a cancellation request via email 2 weeks in advance of your cancellation.

Additional Resource Usage Fees – Should you exceed the total amount of included hosting resource utilisation (for example bandwidth) as described you agree that coverage fees will apply and be due immediately. Current pricing for additional resource utilisation will be located on https://???????????? on the relevant product page.

Account Information – You warrant that all information provided to Flamin’ Fig is truthful, correct, accurate and up to date and that the person designated as the Account Owner is of or above 18 years of age and is legally empowered to act and enter into this contract.

Failure to Pay – We may temporarily deny service or terminate this Agreement upon the failure of you to pay a subscriptions applicable recurring fee where the fee reaches 28 days past due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges (inclusive of reasonable interest and any collection fees). Accounts that are not collectable by us may be turned over to an outside collection agency for collection which may result in additional fees or fines being payable.

=============

CHANGES TO OUR TERMS & CONDITIONS

We may amend these terms & conditions at any time by posting a revised version on our website. The revised version will be effective at the time of posting. A website Privacy Policy page  is also available to view.

[January 2024]

[Please Note: Our Terms & Conditions can and will update from time to time to reflect our ongoing business model, and you will find the latest updates to our Terms & Conditions on this page]