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Terms of Service (TOS)

Australian Website Solutions Terms of Service Agreement (TOS)

In order to use our services you must agree to our TOS. We ask that you read our agreement, we also ask that it is your responsibility to regularly check our TOS agreement to be kept up to date in case of any changes.  We also have the right to update and our TOS agreement at anytime & without notice at our discretion.

Special terms of contracts

Domain name registration terms

1.    We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

2.    If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.

3.    Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.

4.    We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

5.    Outbound domain transfers from Hostess.com.au to Australian Website Solutions incur a $16.50 AUD Administration charge invoiced to the gaining Account by the Australian Website Solutions Accounts team. This charge is not applicable for domains transferring for the purpose of ordering Australian Website Solutions provided services.

Website hosting/email/secure webpage/virus protection terms

1.    We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

a. you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;

b. you will not knowingly or recklessly post, link to or transmit any material: i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or ii. containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offense, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and

c. you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. Australian Website Solutions reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.

2.    You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), Australian Website Solutions reserves it right to terminate services without prior notification.

You warrant, undertake and agree that:

1.   any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;

2.   the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;

3.   you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.

4.   Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.

5.   We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

6.   You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified in the Service. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. Australian Website Solutions will provide an online interface allowing authorised users to monitor website data traffic.

Web design services

All standard developments are based on a 5 page design unless stipulated otherwise at the point of sale.

1.   You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.

2.    You are responsible to keep a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Australian Website Solutions can provide an archival solution for the existing website at our standard commercial rates.

3.    We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. Australian Website Solutions is similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislation’s.

4.    All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, Australian Website Solutions reserves the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.

5.    You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, Australian Website Solutions reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $150 per hour or part thereof.

6.    You may request an Administrative Hold of your project for up to 6 months at a cost of $180. We will stop working on the project until you advise us that you are ready to move forward. If you exceed 6 months of the project being held, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

7.    If you are unhappy with your site design, you may request additional layout concepts, at a cost of $170 per layout, with full payment required upfront.

8.    You are responsible for the digital rights to any image that you supply to us in the course of a project.

9.    Once your website has been published, Australian Website Solutions will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $150 per hour or part thereof.

10.  Once your website is live on your domain, a invoice will be supplied for the final development fees and must be paid according to our TOS of 7 days.

11. In general all websites are created using predesign templates (see Template Based Design) unless custom work or a custom coded website is part of the contract/brief.

Additional conditions for Static Websites

10.   50% upfront payment is required for static website design services. If cancellation occurs before design is selected and site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.

Additional conditions for CMS & E-Commerce Websites

11.   50% upfront payment is required for CMS & E-Commerce website design services, with the balance required after design selection before we place the project in production. If cancellation occurs before design is selected and site is put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.

12.   While providing assistance in the obtaining of a merchant facility, Australian Website Solutions provide no guarantees that a bank will provide a merchant facility for your online store.

13.   Australian Website Solutions warrant the software used as stable and secure at the time of delivery. Post delivery maintenance of the security of the site is the responsibility of the client or their agent, and not of Australian Website Solutions.

Additional conditions for Template Based Design

14.   There are no refunds or credits available to Template Based Design services. Any Template Based Design service sold as part of a package deal is not transferable or redeemable for cash or other services. Nor is it able to be provided on an alternate domain name.

15.   Template Based Design services are only available on domain names holding an active Australian Website Solutions hosting service. The service level required for the product needs to be ‘Business Hosting’ or above.

16.   You will be able to select from a range of pre-existing website templates, and provide customised content (text and images) for population within the website. No alteration or modification to the design template is available.

17.   1 round of feedback of up to 10 changes is permitted in the release process. If additional changes are requested, you are able to log in at any time to make these changes yourself via the content editing system. Alternatively, Australian Website Solutions can make these changes on your behalf at our standard commercial development rate of $150 per hour (or part thereof).

18.   After feedback has been implemented, the website will be published “as-is”. All future changes and maintenance are the responsibility of the the site owner, who can edit via the content editing system via cPanel.

Search engine optimisation services

1.    Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.

2.    We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.

3.    By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our Link Building program. You are responsible for reviewing these changes and advising us to remove any which you deem are not suitable. We will endeavor to remove any links you nominate within 24 working hours.

4.    100% upfront payment is required for any of our SEO, local SEO & Social media services, before we place the project in production. If cancellation occurs before put into production, a cancellation fee of $300 will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.

Search engine advertising services

1.    Whilst we will try to meet your monthly advertising budget, we do not guarantee that this will always be possible. Any monthly advertising budget left over in any one month will be rolled over into the following month.

2.    You will not be entitled to a refund of any remainders from your monthly budgets, nor credit it to any other service.

3.    Whilst we will try to improve your business exposure, we cannot guarantee that search engine advertising services will increase third party traffic to your Web Site or that such traffic will increase business sales or enquiries.

4.    All setup fees for search engine advertising/PPC services and landing pages are to be paid automatically, either by credit card, direct debit, PayPal or bank transfer.

5.    Ad spend and PPC management need to be paid in advance. They are not subject to payment terms and are not retrospective. Work will not commence until the ad spend invoice has been paid.

Hosted Application

1.    Hosted Application means a software application or tool which is accessed and used, including the saving and retrieval of data, by logging onto the servers of the software provider via the Internet. In this section, the Supplier means the third-party supplier and host of the Hosted Application.

2.    You acknowledge that Australian Website Solutions is not the owner of the Hosted Application, but is an authorised reseller of it. By ordering this Service from us, you have confirmed your acceptance of the End User Agreement (the EUA) that comes with and is displayed in the Hosted Application, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Hosted Application, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and Australian Website Solutions has no liability or obligation to you apart from what is stated in these Australian Website Solutions terms and conditions (agreement).

3.    Australian Website Solutions hereby grants to you a non-exclusive, non-transferable right to use the Hosted Application for the duration of this agreement.

4.    Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.

5.    Australian Website Solutions does not represent, warrant or guarantee that the Hosted Application will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.

6.    You acknowledge that the Hosted Application is hosted by the server of a third-party supplier. Australian Website Solutions makes no representations, warranty, or guarantee as to the reliability of the Hosted Application or the ability to access the Hosted Application or retrieve data therefrom at all locations and at all times.

7.    Apart from technical support in relation to activating the Hosted Application, Australian Website Solutions will not provide any user support on managing the internal features of the Hosted Application.

8.   You hereby permit Australian Website Solutions disclosure to the Supplier of information necessary to identify the Hosted Application purchased, the date of purchase, the duration of your right hereunder to use the Hosted Application and the amount (s) paid by you.

9. You are 100% responsible for making backups of your website and database unless you have hired us to complete the tasks for you (based on a contract). We cannot be held liable if you have incorrectly made backups or any loss or damage to the data you have backed up from the servers.

Downloadable software

1.   Software means software downloadable by using the log-in details provided by Australian Website Solutions in relation to your current account with us relating to that software. In this section Supplier means the ultimate provider of the Software. Updates means new software releases made available by the Supplier containing security patches, bug fixes, enhancements or updates to Software.

2.   You acknowledge that Australian Website Solutions is not the owner of the Software, but is an authorised reseller of it. By ordering the Service from us, you have confirmed your acceptance of the End User Agreement (EUA) that is displayed at the bottom of this page, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Software, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and Australian Website Solutions has no liability or obligation to you apart from what is stated in these Australian Website Solutions terms and conditions (agreement).

3.   Australian Website Solutions hereby grants to you a non-exclusive, non-transferable right to use the Software for the duration of this agreement.

4.   Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.

5.   Australian Website Solutions does not represent, warrant or guarantee that the functioning of the Software will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.

6.   You must not remove or alter any copyright, trademark or proprietor notice in the Software. Nothing in this agreement gives you any rights to the Intellectual Property Rights (including without limitation, copyright, trademarks, patents and design) subsisting in the Software or any Updates or any component elements of them. You acknowledge that under the right of usage granted to you hereunder there is no transfer of title or ownership to the Software or to any modifications, updates and new releases thereto.

7.   Except to the extent specified to the contrary in this agreement, Australian Website Solutions shall not be obligated to support the Software, whether by providing advice, training, error-correction, modifications, new releases or enhancements or otherwise. Australian Website Solutions will however use reasonable endeavors to make available to you Updates as and when they become available from the Supplier.

8.   You hereby permit Australian Website Solutions disclosure to the Supplier of information necessary to identify the Software purchased, the date of purchase, the duration of your right to use the Software and the amount (s) paid by you.

9.   You acknowledge that the Software cannot be guaranteed error-free and further acknowledge that the existence of any such errors will not constitute a breach of this agreement by Australian Website Solutions. If you believe there is a defect in the Software, this must be notified and dealt with direct to the Supplier within the Warranty Period provided in the EUA.

10.  The Software may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software could lead to death, personal injury, or severe physical, property or environmental damage.

11.  Australian Website Solutions is under no obligation under this agreement to provide new releases. If new releases are offered by Australian Website Solutions it will be at the then current Australian Website Solutions price but with any discount for upgrading from a previous version of the Software being passed onto you.

12.  Without limiting any other provision of this agreement, Australian Website Solutions shall be under no liability to you in the event of loss or damage suffered as a result of your failure to download Updates as and when they become available from us.

General terms and conditions

The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:

Service availability

1. We shall use reasonable endeavors to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.

2. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.

We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.Without limiting the section below on our Exclusion and limitation of liability, Australian Website Solutions will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, Australian Website Solutions will use reasonable endeavors to honor the remaining period of any then current and existing right hereunder for you to use that Service but Australian Website Solutions will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of Australian Website Solutions.

Australian Website Solutions shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.

If you wish to terminate your account with Australian Website Solutions, you must do so by completing the online cancellation form, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period. Specifically, Australian Website Solutions will not accept verbal instructions to terminate an account. To submit the cancellation form, login to the console, select tab “Service Administration” then click on “Service Cancellation”. Submission of this online form will generate an automated email to the email address specified in the form, and within this email will be a unique tracking number that is the only proof of cancellation that will be accepted by Australian Website Solutions.

On receipt of your cancellation request, Australian Website Solutions will cancel your service at the first available opportunity.

There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.

Free Offered Services

All services offered free of charge in a contract as an additional service to be rendered, will be completed after all payments have been finalised on your account of services that have a fee. Your account must be in good standing before any offered free services are rendered.

Payment

All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within seven (7) days of receipt of our invoice for any invoice and yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.

The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.

If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.

If you have multiple accounts/websites/hosting under the one account, if payment has not been made within the (7)  days of receipt of our invoice on any type of service relating to any one or all of your services, we reserve the right, forthwith and at our sole discretion, to suspend all provisions of services to you. All accounts will be temporarily suspended until full payment has been received and cleared.

Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.

We only accept PayPal or Bank Transfer – No cheque’s will be accepted.

PayPal

If you would like to use PayPal to pay your account of services an additional 2.5% will be charged and added to your  invoice. Please inform us if this is your preferred choice of payment method in advanced.

Bank Transfers

No additional bank transfer charges will required. It is important for you as a customer to double check your digits when entering them into your online or offline account details, we will not be help liable if you enter the wrong digits or misconfiguration due to your money being sent else where. Please refer to your bank institutions Terms and Conditions. We ask that you do not copy & paste our banking digits directly into your online banking, type them out manually and double check to compare that the digits match up for clarity before submitting your payment to be sent to us. For any loss or damaging to your account please contact your banking institution for further help and support.

Paper Invoice Account fee

If you nominate that the good(s) or service(s) you have purchased to be invoiced via “snail’ Mail (paper invoices) (via Australia Post), you will be charged a $6.40 account fee per invoice issued. This will be updated on your invoice to reflect these charges before being mailed to you.

Late payment fee

If you exceed our seven (7) day credit terms, you will be charged an $15.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

 


Additionally as part of Australian Website Solutions Terms of Service we ask you to familiarize yourself with our Privacy Policy and Disclaimer.

You can at any time access our TOS, Privacy Policy and Disclaimer via our website in the footer section on every page.

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