Terms of Service

Terms of Service

In order to become a client of Aussie Web Solutions, or a user of any or all Aussie Web Solutions services including Web Design, Domain Name Registration, SSL Certificates, Hosting, Online Marketing, Graphic Design and Printing Services you must expressly and irrevocably agree to the following Terms of Service.

1. General

  1. It is the Clients responsibility to keep Aussie Web Solutions up to date with their contact details. If the client fails in this regard it could result in expiration of services.
  2. Aussie Web Solutions reserves the right to refuse service and/or access to its products and servers to anyone.
  3. Aussie Web Solutions reserves the right to suspend or cancel a client access to any or all services provided by Aussie Web Solutions when Aussie Web Solutions decides (in its absolute discretion) that the account has been inappropriately used or otherwise abused.
  4. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Aussie Web Solutions services to other parties.
  5. All prices quoted are valid for 30 days only from the date of written quotation.
  6. If Aussie Web Solutions does not receive your design brief within a four (4) week period from the date of your order, your account will be suspended. Reopening your account will incur a $110 administration fee. If your account remains suspended for 3 months, your account will be closed completely and all money paid and work ordered will be forfeited.
  7. During the design phase of any project, if you do not sign off your design within a four (4) week period, Aussie Web Solutions reserves the right to suspend your account. Reopening your account will incur a $110 administration fee. If your account remains suspended for 3 months your account will be closed completely and all money paid and work ordered will be forfeited.
  8. Aussie Web Solutions may use your design, code, artwork, content in its own promotional material as samples of our services and products.

2. Fees & Payments

  1. A valid Credit Card or PayPal Account is required for all purchases. Electronic Funds Transfer is only accepted for payments greater than $1000. Clients must contact our Accounts Department by telephone or Support Ticket to make a payment of this type.
  2. Your purchase includes enrolment in our automatic renewal service. This keeps your products and services up and running by automatically charging the then-current renewal fees to your payment method on file, 48 hours before they are set to expire, with no further action on your part. You may cancel this service at any time by contacting our Accounts Department either by telephone or Support Ticket.
  3. It is the Clients responsibility to ensure Credit Card and PayPal details on file are up to date. Aussie Web Solutions may send reminder notifications for expiring credit cards.
  4. All Website Packages include a set-up fee and a periodic subscription fee for ongoing management and support services. Subscription fees are on an automatic debit basis. The auto debit payments occur monthly, annually or bi-annually on the anniversary date that the order was placed.
  5. All website design & code remains the property of Aussie Web Solutions for a period of 2 years from the date of your order. A release fee of $1,199 during the first 1 year, and $699 during the second year will be payable if your seek transfer of ownership.
  6. All quotes require Clients approval before work can commence. Where the value of the quote exceeds $600, a 50% deposit is payable upon acceptance of the quote.
  7. All printing services require upfront payment in full.
  8. Payments by phone attract a 2.2% processing fee. Payments online are free of surcharges.
  9. A late fee of 15% will apply to all overdue invoice amounts.
  10. Although Aussie Web Solutions reserves the right to change pricing for services at any time, all pricing is guaranteed for the period of pre-payment only.
  11. Failure to make subscription payments may result in your website and emails being suspended, your domain name registration being cancelled, and your data being deleted from our servers.
  12. A $110 administration fee will apply for reinstatement of suspended accounts.

3. Taxes

  1. All products & services sold by Aussie Web Solutions are subject to 10% GST as stipulated under Australian Taxation Law.

4. Cancellations & Refunds

  1. All deposits and fees paid to Aussie Web Solutions are non-refundable and it is the Client’s responsibility to ensure the appropriateness and compatibility of the service purchased. We do not refund deposits or full payments.
  2. Once design work has been signed off, all fees are payable, no cancellations will be accepted and all services ordered must be paid for in full.
  3. The usability, functionality and/or limitations of a ‘self-edit’ CMS website system are no reason for not paying the balance of your website once completed.
  4. Services charged on a pre-pay basis are non-refundable.
  5. If a client contravenes the Aussie Web Solutions Terms of Service, we reserve the right to terminate the service immediately with no refund.
  6. If Aussie Web Solutions is required to employ the services of a debt collector to pursue any overdue balance payment a $110 administration fee will be passed onto the Client and added to the Clients invoice.
  7. If the Client’s website has been terminated due to cancellation or expiry, Aussie Web Solutions can reinstall the website within a 12 month period at a cost of $220, providing the Client has a backup of the website.
  8. All cancellations must be requested in writing and a completed cancellation form submitted, which can be requested from our sales team. We require 30 days written notice.
  9. We cannot provide refunds or indemnify you for the cost of purchase for any Domain Name service. It is sold at cost price and cannot be a dysfunctional service.
  10. Any request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the Terms of Service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    3. We believe the request is fraudulent.
    4. We believe you have breached these Terms of Service in any way;
  11. We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision.
  12. Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.

5. Websites & Support

  1. All websites are provided on a subscription basis, charged either monthly or annually with no locked-in contracts. A set-up fee applies.
  2. You will receive an initial mockup and allocated revision rounds to allow changes. Additional revision rounds to those allocated for your product are available at a cost of $110/hr ($55.00 minimum).
  3. All websites will be delivered with blank pages and/or a blank database unless you provide content prior to design approval. The client is responsible for inserting copy, products and/or images etc.
  4. Whilst you retain full ownership of your domain name and content, we reserve the right to charge a release fee in the event that you seek ownership of any material developed by us during the initial two (2) year period, from the commencement date of your order.
  5. During the design process Aussie Web Solutions may purchase photo library images for your site. These images remain the property of Aussie Web Solutions and may not be used for any other purpose apart from your website.
  6. If a logo has been purchased, this will need to be signed off before the website design is commenced.
  7. Phone, Support Ticket, email and LiveChat, along with Knowledgebase articles and Video Library are available to all Clients to assist Clients to update their websites during their subscription.
  8. Aussie Web Solutions websites are self-managed and we are not responsible for any copy, editing or updating of the Clients website. Aussie Web Solutions is under no obligation to do any work on your website unless contracted to do so.
  9. Aussie Web Solutions has a Support Team available by phone, email ticket, and LiveChat during Monday to Friday 9am – 5pm AEST. This service is provided to direct you to information to solve a single problem.
  10. Each website includes the 100Gb Hosting package with standard bandwidth, disk space and email accounts as particular to that product. Any additional usage will incur an additional charge and Aussie Web Solutions may advise if you are reaching your quota
  11. Although Aussie Web Solutions monitors the bandwidth/disk space usage of the website, Aussie Web Solutions does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
  12. On all Aussie Web Solutions websites there is a built-in authorship link to the Aussie Web Solutions website. This authorship link cannot be removed.
  13. Aussie Web Solutions does not allow any of the following content or websites to be stored on its’ servers:
    1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
    2. Scripts – any script that creates a load on the server will be removed.
    3. Warez, including pirated software, ROMS, emulators, phreaking hacking password cracking, IP spoofing, etc, and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.
    4. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this, websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Aussie Web Solutions.
    5. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.
    6. Websites that promote Psychiatry.

6. Design Services

Design services apply to Website Design, Logo Design, Business Card Design, and all other Graphic Design for all media, including web and print.

  1. For logo design services, you will receive the allocated number of design concepts with revision rounds as dependent upon the package selected. Additional revision rounds to those allocated for your product are available by purchasing a package upgrade.
  2. For all other graphic design services (including Business Card design and Email Marketing template design), you will receive one (1) design concept with 2 revisions to allow for changes. Additional revision rounds are available at a cost of $110/hr ($55.00 minimum).
  3. A design is deemed complete once we receive a Client Sign off via email. Final files will then be prepared and emailed to the client for their records once final invoice is paid.
  4. Any further changes after Client Sign off will need to be quoted and billed separately.
  5. All Aussie Web Solutions graphic designs remain the copyright of the client. Copyright will be assigned immediately to the client upon receipt of full payment, with the exception of Website Packages which we shall retain copyright for a period of two (2) years from the date of order.
  6. Aussie Web Solutions provides artwork in a print ready file for the Clients use. It is the Clients responsibility to check all copy, contact details, email, website addresses, etc are correct. Aussie Web Solutions or the designer will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing.
  7. The deposit for graphic design work is due with order. The balance is due when the design has been signed off.

7. Domain Name Services

  1. Aussie Web Solutions does not guarantee any requested domain names are available or are able to be registered. 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. It is the client’s responsibility to keep Aussie Web Solutions up to date with their contact details. If the Client fails in this regard, it could result in your website going off line or your domain name not being renewed.
  3. All Domain Name Services require upfront payment from you.
  4. Except where we fail to comply with consumer guarantees under the Australian Consumer Law, you acknowledge and agree that all fees for Domain Name Services are non-refundable. We cannot provide refunds for domain names that are incorrectly registered, including, without limitation, domain names that contain spelling errors.
  5. During the term of this Agreement, we may automatically renew any domain name you have successfully registered or transferred to us, as and when such renewal is required for the same length as the previous registration period. You agree that we may apply any such renewal fees to your account with us and that you will pay those renewal fees in accordance with the Fees & Payments Clause set out in this Agreement.
  6. If you do not want us to renew your domain name, you must provide us with at least 10 days notice in writing prior to when your next domain name renewal fee falls due.
  7. We are an authorised reseller of AussieHQ and Public Domain Registry (PDR) domain name registration services. We are not, and do not represent in any way that we are, an accredited ICANN or auDA registrar and we do not have the power or authority of an accredited ICANN or auDA registrar, including without limitation the power or authority to approve or refuse any registration or renewal application or to revoke any domain name licence.
  8. We expressly disclaim any responsibility with respect to any decision by a Registry, court or any third party to refuse to register, terminate or transfer a domain name for any reason.
  9. We do not warrant or guarantee that any domain name applied for will be registrable or registered. You agree that you will not take any action with respect to a requested domain name until registration has been affected and you have been notified of such registration.
  10. You agree to appoint us your agent for the purpose of entering into the Registration Agreement with AussieHQ and/or Public Domain Registry on your behalf and performing the domain name registration services contemplated by this Agreement and your Application on your behalf. You agree that you have read, understood and agree to be bound by the applicable Registration Agreement for the domain name you are registering.
  11. All Domain Name Transfer Services require upfront payment and you acknowledge that we are not able to commence any Domain Name Transfer Services without that payment having been cleared into our account.
  12. You warrant that you are fully responsible for any contractual obligations that you may have with your existing or any other registrar.
  13. In order to take advantage of the Domain Name Transfer Services, you will first need to retrieve the “domain password” (aka, “registry key”, “transfer password”, “transfer key”, “EPP authentication code”, “domain token”, “authcode password”, or “UDAI key”) from your current registrar.
  14. You will ensure that your domain is not locked by your current registrar.
  15. You acknowledge that 60 days must have passed on your current domain name registration term (and that this term will not be expiring within 7 days) in order to transfer your domain name from your existing registrar to Aussie Web Solutions.
  16. You agree that you have read and understood the Domain Name Registration Policies applicable to your domain name and you agree to the consents, warranties and indemnities that you, as the registrant, are required to give pursuant to those Domain Name Registration Policies.
  17. Domain Specific Terms apply:
    1. Click here to view .gTLD Specific Terms
    2. Click here to view .au Specific Terms
    3. Click here to view .org Specific Terms
    4. Click here to view .info Specific Terms
    5. Click here to view .biz Specific Terms
    6. Click here to view .co Specific Terms
    7. Click here to view .cc Specific Terms
    8. Click here to view .nz Specific Terms
    9. Click here to view .uk Specific Terms
    10. Click here to view .eu Specific Terms
    11. Click here to view .mobi Specific Terms
    12. Click here to view .name Specific Terms
    13. Click here to view .me Specific Terms
    14. Click here to view .tv Specific Terms
    15. Click here to view .tel Specific Terms
    16. Click here to view .xxx Specific Terms
    17. Click here to view .asia Specific Terms
    18. Click here to view New gTLD Specific Terms (as Operated by the Donuts Registry).

8. Hosting Services

  1. While we will use our best endeavours to provide you with the Webhosting Services as described on our website and in your Application, we do not warrant that the provision of our Hosting Services will meet any particular service levels, except where required to do so for the purpose of complying with consumer guarantees under the Australian Consumer Law.
  2. You acknowledge and agree that, from time to time, it may be necessary for us to suspend the Hosting Services, including for maintenance or to solve technical issues with the Webhosting Services (or any related Services). Where practicable, we will endeavour to provide you with notice of such downtime, however you agree that in some circumstance this will not be possible.
  3. Free Tech Support Services are provided via Support Ticket (email), telephone and Live Chat for your Hosting Services between Monday to Friday , between the hours of 9am – 5pm AEST.
  4. Your usage of our Hosting Services is subject always to your compliance with the data transfer and usage limits as set out in our Acceptable Use Policy.
  5. If, in any billing month, your usage of the Hosting Services exceeds the data transfer and usage limits associated with your Hosting Services we may (without limiting any of our rights under this Agreement) apply an excess usage fee to your account.
  6. You agree that you are solely responsible for ensuring that your password remains secure at all times and that you will ensure no unauthorised use of the Hosting Services.
  7. You are solely responsible for all content (including Customer Content) that is uploaded onto your account hosted by us.
  8. You agree that you will not, and you will ensure that End Users do not, upload any software or other material that contains viruses, is mischievous, detrimental or in any other way damages our systems or adversely effects the provision by us of the Services to you or others.
  9. Email Hosting Service will include 25 individual email accounts.
  10. Your use of the Email Hosting Services is subject always to your compliance with the data usage and storage limits set out in your Application (if any) and our Acceptable Use Policy.
  11. You agree to our use of spam and virus filters which may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.

9. Free Transfers

  1. Free Transfers is a free migration service only offered for “as-is” transfers of website content and data with no updates to the site configuration, aside from database connection details. Copying an existing site to a new domain or changing the URL of an existing site would NOT be free.
  2. Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer.
  3. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host.
  4. The free transfer service is available for thirty (30) days from your sign up date, for new Clients only. Transfers outside of the thirty (30) day period will incur a charge. Please open a Support Ticket to receive a price quote.
  5. In no event shall we be held liable for any lost or missing data or files resulting from a transfer to or from our Servers. You are solely responsible for backing up your data in all circumstances.

10. SSL Certificates

  1. Domain Specific SSL Keys require a stand-alone IP Address (dedicated IP) to which the SSL key can be attached. We provision digital certificates via a third party Certification Authority of our choosing.
  2. The following statement applies to:
 GeoTrust True BusinessID, GeoTrust True BusinessID Wildcard, GeoTrust True BusinessID with EV, Comodo InstantSSL, Comodo PremiumSSL, VeriSign Secure Site, VeriSign Secure Site Pro, VeriSign Secure Site with EV, VeriSign Secure Site Pro with EV Certificates only:
    1. The Certificate for which you have applied is a fully-authenticated certificate. These Certificates are issued to devices to provide authentication; message, software, and content integrity; and confidentiality encryption. Fully-authenticated Certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber organisation does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.
  3. The following statement applies to:
GeoTrust QuickSSL, QuickSSL Premium, RapidSSL, RapidSSL Wildcard, Comodo PositiveSSL, Comodo PositiveSSL Wildcard Certificates only:
    1. The Certificate for which you have applied is not a fully-authenticated Certificate. These Certificates are issued to devices to provide validation of the domain; message, software, and content integrity; and confidentiality encryption. These Certificates provide assurances of the validity of the domain and that the domain administrator has authorised the Certificate Application. No organisation authentication is performed on the owner of the domain.
  4. You are prohibited from using your Certificate:
    1. for or on behalf of any other organisation;
    2. to perform private or public key operations in connection with any domain and/or organisation name other than the one you submitted on your Certificate Application;
    3. on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate); and
    4. for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury, or severe environmental damage.
  5. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time.
  6. The purchase of any SSL certificate is non-refundable.

11. Printing Services

  1. All printing services require payment in full prior to production or delivery, unless otherwise agreed in writing.
  2. Stocks are subject to change without notice, whether or not we use alternative stock or suppliers.
  3. All artwork provided must meet our file specifications. We will not be liable for any errors which occur in the electronic transfer of artwork.
  4. You must carefully review and approve all proofs or layouts before submitting to ensure the order is ‘ok to print’. We accept no responsibility for any error after proofs are confirmed.
  5. Hard copies supplied by the client are not used for colour reference or matching.
  6. Our digital proofs are imaged using calibrated press profiles. These profiles will accurately reproduce the chosen colour when printed on our presses. However some colour shift may occur due to the chosen stock and the addition of laminating or other special coatings.
  7. Although we will endeavour to ensure that requested colours are matched, we do not guarantee an exact match in colour or texture between your artwork (including electronic graphic file or previously printed material) or any other materials supplied by you. While we do have quality control processes in place you acknowledge and agree that there are acceptable levels of colour variation (+/- 5%) from print run to print run, from stock to stock, from back to front and between different printing processes.
  8. Trimming may vary by up to 1~2 mm from the proof, specification or print job to print job.
  9. Every endeavour will be taken to deliver the correct quantity ordered. However, you acknowledge that a variation of up to 10% is inherent in the print process. We will not accept liability regarding these variations. In such a case however, we can reprint the shortage or refund the money for the missing quantity.
  10. Whilst all care is taken in checking your files for related errors which may reduce the quality of your job, Aussie Web Solutions accepts no responsibility for files that are not ‘print ready’.
  11. File correction / conversion is $110/hr ($55.00 minimum).
  12. We will not be liable for any defects, shortages, damage or non-compliance with the specifications in the Agreement, unless you notify us in writing within 7 days of delivery of the goods or provision of the services.
  13. When any defects, shortages, claim for damage or non-compliance with the Agreement specifications is accepted, we may, at our discretion, replace the defective or missing goods or re-provide services.
  14. We will not accept returned goods that have been altered in any way or that have been used.
  15. Finally, if you do not have any experience with print orders and are not sure of stocks or finishes, Aussie Web Solutions recommends you ask for our help. Aussie Web Solutions will take NO responsibility if the product is ordered without any enquiry and then it does not match your requirements.

12. Disclaimer

  1. Aussie Web Solutions and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Aussie Web Solutions is aware of the risk of such damages, that result in anyway from the Clients use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
  2. Aussie Web Solutions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Aussie Web Solutions also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client.
  3. Use of any information obtained byway of Aussie Web Solutions is at the Client’s own risk, and Aussie Web Solutions specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  4. Aussie Web Solutions expressly limits its damages to the Client for any non accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Aussie Web Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

13. Trademarks & Copyrights

  1. The Client warrants that it has the right to use the applicable trademarks, if any.

14. Hardware, Equipment & Software

  1. The Client agrees that he or she has the necessary knowledge to maintain a website. The Client agrees that it is not the responsibility of Aussie Web Solutions to provide knowledge or support outside the defined service and scope of the product.
  2. The Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Aussie Web Solutions websites. Aussie Web Solutions makes no representations, warranties or assurances that the Clients equipment will be compatible with the Aussie Web Solutions service.

15. Limited Liability

  1. The Client expressly agrees that use of Aussie Web Solutions websites and services is at the Clients sole risk. Neither Aussie Web Solutions, nor its employees, affiliates, agents, contractors, third party information provider, merchants, licensers or the like warrant that the Aussie Web Solutions service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Aussie Web Solutions servers, unless otherwise expressly stated in this agreement.
  2. Under no circumstances, including negligence, shall Aussie Web Solutions, its officers, agents or anyone else involved in creating, producing or distributing Aussie Web Solutions services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Aussie Web Solutions website services or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Aussie Web Solutions records, programs or services. The Client hereby acknowledges that this paragraph shall apply to all content on Aussie Web Solutions servers and servers operated by it’s third party’s.
  3. Notwithstanding the above, the Clients exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Client paid during the term of this Agreement and any reasonable attorneys fee and court costs.

16. Lawful Purpose

  1. The Client may only use Aussie Web Solutions servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

17. Indemnification

  1. The Client agrees that it shall defend, indemnity, save and hold Aussie Web Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Aussie Web Solutions, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns. The Client agrees to defend, indemnity and hold harmless Aussie Web Solutions against Liabilities arising out of:
    1. any injury to person or property caused by any products sold or otherwise distributed in connections with Aussie Web Solutions’ server
    2. any material supplied by the Client infringing or allegedly infringing on the proprietary rights of a third party
    3. copyright infringement
    4. any defective product which the Client sold on the Aussie Web Solutions Server

18. Governing Laws

  1. This agreement shall be governed in all respects by the laws of Queensland, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

19. Severability

  1. This agreement shall tie governed in all respects by the laws of Queensland, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland, Australia.

20. Contract Revisions

  1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of Aussie Web Solutions services.

21. Transfer

  1. The Client may not transfer this agreement without the written consent of Aussie Web Solutions.
  2. Aussie Web Solutions websites cannot be transferred away from Aussie Web Solutions servers during the initial period of 2 years from the date of original order. Written consent of Aussie Web Solutions must be obtained.
  3. Domain names will always remain the property of the Client.
  4. This agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

22. Pricing Policy

  1. All prices include GST.
  2. Unless specified otherwise, all pricing for printing services includes Freight delivery to most Australian destinations. However, Aussie Web Solutions reserves the right to charge for the cost of delivery, if the delivery location is outside the metropolitan area.
  3. All prices are subject to change without notice.

23. Money Back Guarantee (30 Day)

  1. Aussie Web Solutions is not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us.
  2. It is the Client’s responsibility to ensure that Services are utilised to their full potential, are appropriate and compatible to the Clients needs prior to making a purchase as we will not provide refunds for Client’s ‘change of mind’.
  3. In order to claim a refund under our ’30 Day Money Back Guarantee’, you undertake to clearly provide reasons for the request via email to us within 30 days from the date of your order or within 72 hours of any dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier.

24. Third Party Services

  1. Aussie Web Solutions may provide services directly or via a Third party, and any Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by Aussie Web Solutions you agree to this agreement and any agreement of our third party suppliers.
  2. Aussie Web Solutions do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by any third party provider. We do not warrant the accuracy or completeness of any information regarding any third party provider. We are not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

25. Privacy Policy

  1. Available here: https://aussiewebsolutions.com.au/privacy-policy/

26. Security Policy

When purchasing from Aussie Web Solutions your financial details are passed through a secure server using the latest 128 Bit SSL (secure sockets layer) encryption technology. 128 Bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our sales team – sales@aussiewebsolutions.com.au

27. Acceptable Use Policy

You irrevocably agree that it is your responsibility at all times to:

  1. Use our service and services in a manner which does not violate any applicable laws or regulations;
  2. Respect the conventions of the newsgroups, lists and networks that you use;
  3. Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
  4. Respect the privacy of others;
  5. Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
  6. Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
  7. Ensure your use of our Services remains ethical and in accordance with accepted community standards;

It is not acceptable to use our Service(s) for the following non-exhaustive examples and you irrevocably agree that you will not use our Service(s) to:

  1. Violate copyright or other intellectual property rights or publish any material that infringes any third party’s intellectual property rights or any other rights;
  2. Illegally store, use or distribute software; transmit threatening, obscene or offensive materials;
  3. Engage in electronic ‘stalking’ or other forms of harassment such as using abusive or aggressive language;
  4. Misrepresent or defame others;
  5. Commit fraud;
  6. Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
  7. Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
  8. Engage in misleading or deceptive on-line marketing practices;
  9. Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
  10. Make an unauthorised transmission of confidential information or material protected by trade secrets;
  11. “Spam” or engage in “spamming” activities, or sending unsolicited commercial activities;
  12. Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material;
  13. Post or transmit defamatory, harassing, abusive or threatening language;
  14. Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
  15. Facilitate a violation of this clause and Acceptable Use Policy;
  16. Perform any other action through utilisation of any service which we deem unsatisfactory;
  17. Run Proxy or any proxy related services; or
  18. Use greater than 100,000 inodes (every file on your hosting account uses 1 inode), or create file system damage by the rapid creation of large volumes of files.

You also agree not to attempt any of the following:

  1. Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, Cron jobs, FTP, PHP, HTTP, Mail, etc.
  2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network;
  5. Run any gaming servers/services;
  6. Use hosting services for storage of any data not related to the displayed website. You are expressly prohibited from use as an online file repository.
  7. Run standalone, automated server-side processes including, but not limited to any daemon;
  8. Execute any script for longer than 180 seconds;
  9. Execute any database query that takes longer than 30 seconds to complete;
  10. Any activity which causes the server to crash / restart;
  11. Check their email more than every 3 minutes.

You irrevocably agree that any breach of this clause can result in immediate termination of services and loss of all data held on provided services, and you release us, our staff and our suppliers of any liability resulting in such instances.

Updated: 1 December 2014