Agreement between 'the customer' and Websites
(the company)
1.0 Websites will not accept responsibility
nor liability for any misrepresented data or information that may
appear in the Customer's web site, or loss of earnings through
misrepresentation of this data.
2.0 Websites reserves the
right to exclude without prior notification material from the
Customer’s
web site if it is deemed obscene, offensive or defamatory.
Please report any potentially obscene, offensive or defamatory
material to
.
2.1 Websites does not permit adult content
on the Customer's web site whether legal or not.
3.0 Websites does not offer any warranty, expressed
or implied, outside of the agreed function of the web
site, or other online service provided to the Customer
by Websites.
4.0 Websites reserves the right to withdraw
without prior notification its provision of services
at any time that it becomes aware of or is notified of
the misuse, abuse or illegal use of said services contrary
to any statutory regulation or law governing the relationship
between Websites and the Customer.
5.0 All information,
web site data, mail messages and other data stored on
Website's equipment is treated as private and solely
the property of the Customer at all times and will not
be duplicated, copied, reproduced or viewed publicly
in any way except with express or implied permission
of the Customer and/or for the purposes of Websites's
back-up services and/or providing the Customer with its
support services.
5.1 Websites cannot
accept responsibility nor liability for any data or information
that becomes available by such means against the wishes
of the Customer.
6.0 The Customer undertakes that the Customer’s
data (where stored or sent over the Internet) will not
contain anything obscene, offensive, defamatory or breach
any statutory regulation or law. The Customer will indemnify
Websites and
keep Websites fully and effectively indemnified against
all actions, proceedings, claims, demands, damages and
costs (including all legal costs on a full indemnity
basis) occasioned to Websites as a result of any breach
of the said undertaking.
7.0 Websites provides no guarantee about the actual
methods by which components of each service will operate,
nor their “fitness
for purpose”. The Customer should satisfy themself about
the suitability of a service before activating the service. The
only recourse for the Customer in the event a service is deemed not suitable, is to terminate the
service.
8.0 The Websites service (web
design, email, and hosting) is offered as a pre-paid
service. The monthly costs for any and all services offered
are available on the Websites web site (www.).
Websites reserves the right to adjust the cost
of hosting, email, Internet and related services offered
at any time. Any pricing changes will affect the Customer
at the Customer's next due date. If the Customer does not accept
the change, and cannot negotiate an acceptable alternative, they
may advise Websites of their intention to terminate the service,
and may continue to use the service for a period of ninety (90)
days at the previously charged rate, while they make alternative
arrangements.
8.1 Upon activation of service, the Customer is
given a ten (10) day "free trial" period and
an invoice is generated to the Customer payable in ten
(10) days.
If the
invoice remains unpaid:
A
reminder "coming due" email is sent to the Customer five
(5) days prior and again at one (1) day prior to the due date.
One (1) day after the
due date the web site and any and all associated services
are temporarily suspended and an email notice is generated
to the Customer advising that the Customer has an additional
ten (10) days in which to pay for future service before the
web site and any and all associated services are permanently
deleted.
A reminder "overdue" email is sent to the Customer
eight (8) days after the due date advising that the
Customer has two (2) days in which to pay for future
service before the
web site and any and all associated services are permanently
deleted.
Ten (10) days after the due date the web
site and any and all associated services are permanently
deleted from the server. Any requests by The Customer
for a return of services past this date may be granted
at the discretion of Websites but there will be an
additional administration fee.
8.2 As an ongoing pre-paid service an invoice
is generated to the Customer fourteen (14) days prior
to their currently paid term of service expiry.
If the invoice remains unpaid:
A reminder "coming due" email is sent to
the Customer five (5) days prior and again at one (1)
day prior to the due date.
One (1) day after the due date the web site and any
and all associated services are temporarily suspended
and an email notice is generated to the Customer advising
that the Customer has an additional ten (10) days in
which to pay for future service before the web site
and any and all associated services are permanently
deleted.
A reminder "overdue" email is sent to the
Customer eight (8) days after the due date advising
that the Customer has two (2) days in which to pay
for future service before the web site and any and
all associated services are permanently deleted.
Ten (10) days after the due date the web site and
any and all associated services are permanently deleted
from the server. Any requests by The Customer for a
return of services past this date may be granted at
the discretion of Websites but there will be an additional
administration fee.
9.0 Custom designed and/or customised template designs on Websites' server(s), and web sites converted from an existing design to use the Websites' Content Management System are subject to these terms and conditions as applicable.
9.1 Any modifications and/or customisation to a web site on Websites' server(s) is done as a modification to that individual web site and is not necessarily applied to any future template or design change done or requested by the customer.
9.2 Custom design web sites not based on an existing template built into the Websites Content Management System remain the property of the customer. However to convert the web site from a Websites Content Management System web site to a static web site will incur additional cost.
9.21 Any web site converted from the Websites Content Management System into a static web site will not retain any advanced functions. These function include, but are not limited to: the Content Management System, enquiry forms, newsletter system, shopping cart, product catalogue, directory listings, and/or search facilities.
10.0 Websites makes no warranty, express
or implied, for the uptime of the Websites service. Websites
cannot be held responsible for any losses incurred to
the customer due to network outages, server failures, human error,
acts of god, or other means by which the Websites service
may not remain online for indefinite periods.
11.0
Websites
cannot be held responsible for any loss of data that may
occur through the use of the Websites Service. We recommend
that the customer keeps regular backups of their data.
12.0
POP3 and SMTP
services on the customer's domain name is available only during
the customer's period of subscription to the Websites services.
13.0 The customer may, at any time,
transfer their domain name away from Websites to an alternative
hosting solution, providing that the customer has no outstanding
debts with Websites. Websites is not responsible for any third
party charges incurred by transferring a domain name away from
Websites.
13.1 Domain names registered as part of the Websites package must be paid for on a
pro-rata basis for the remainder of the domain name registration period if the Customer wishes to transfer the domain name hosting to another provider.
14.0 Domains registered by Websites for the Customer are final and
cannot be changed. Any changes will require a new domain registration.
15.0 Websites web sites will only be hosted by Websites.
16.0 The Customer does not own nor have
any rights to any design, software nor the Content Management
System (CMS) associated with their Website. The only
part of the Customer's web site which is the property of
the Customer and may be taken by the customer upon termination
of their Websites service is the content (images, files
and copy) placed on the web site by the Customer or their
agent(s).
17.0 The Customer understands that they
do not own nor have exclusive rights to the design "template" of
their web site. Websites will not oppose the Customer
branding their company based on the design of their Websites
but the Customer may not take nor reproduce the web site
design upon termination of their Websites service.
18.0 The standard Websites
web site allows the Customer to store up to 50 megabytes
(mb) of data (images, files, copy and database data) on
the server. The standard Websites web site allows
for a maximum of 1 gigabyte (gb) of data transfer per
month. Any accounts which exceed these limits will be notified
in writing and may be subject to an additional charge as
per the pricing page on the www. web
site.
18.01 The maximum individual file size allowed to be uploaded is 2mb. This includes, but is not limited to, photos, PDF files, Word Documents, movie files, audio files.
18.1 The standard Websites web site allows the Customer
to have up to 5 top level domain email addresses (i.e.
john@yourbusiness.com.au). Additional email addresses may
be purchased as per the pricing page on the www. web
site.
18.11 Email traffic is included in the Customers
data transfer allotment. Emails (and
associated attachments) left on the server are included
in the Customers data on the server allotment.
18.2 The Customers web site statistics will be retained
for one year. The log files required for web site statistics
are included in the Customers data on the server allotment.
18.3 The Customers Mail marketing database included
free with the Customer's Website allows for up to
1,000 email addresses. Additional database storage for
marketing email addresses may be purchased as per the pricing
page on the www. web
site.
18.31 Email traffic generated using Mail
is included in the Customers data transfer allotment.
18.32 The Customer agrees
to abide by the Websites Anti-Spam policy as posted
on the web site at www./terms/anti_spam_policy.asp .
18.33 Websites actively monitors email
sent using Mail (inlcuding automated checks on content and
email addresses, manually reading emails flagged as suspicious
by automated processes, and manually reviewing email lists flagged
as suspicious by automated processes) for the purpose of determining
spam.
18.34 Websites reserves the right to immediately
and indefinitely suspend any Websites service or services
at any time upon suspicion of the Customer using Mail to
send spam.
19.0 Websites reserves the right to immediately and indefinitely
suspend any Websites service or services at any time.
19.1 Websites reserves the right to terminate
any Websites service or services at any time.
20.0 Websites cannot be held responsible for
any text, photography, audio, motion imagery, or other digital
media stored on our servers for Customers to whom the
copyright does not belong. The Customer will indemnify
Websites and keep Websites fully and effectively
indemnified against all actions, proceedings, claims, demands,
damages and costs (including all legal costs on a full indemnity
basis) occasioned to Websites as a result of said infringement.
21.0 Support requests and problem reporting must be made
in writing (via email to
). Telephone
support and problem reporting is not guaranteed to be followed
up.
22.0 It is the Customer's responsibility to ensure the
Customer's contact details (particularly email address)
are current and accurate in "My Profile". General
notices, price changes and changes to any and all services
are broadcast to the Customer's email address as recorded
in their "My
Profile".
23.0 If any provision of these Conditions is in conflict
with other published information (including information
on the www. web site) these Conditions
prevail.
24.0 If any provision of these Conditions
is held by any competent authority to be invalid or unenforceable
in whole or in part, the validity of the other provisions
of these Conditions and the remainder of the provision
in question shall not be affected.
25.0 This agreement shall be governed by and construed
in accordance with the laws of the State of New South Wales in
the Commonwealth of Australia.
