Terms and Conditions

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.

By using this Site, or by applying for, renewing, transferring, taking ownership, or using any Services found at this Site, you irrevocably undertake, represent, warrant and agree that:

1. You are at least 18 years of age, and that we may terminate this Agreement immediately without providing a refund if we discover that you are under 18 years of age at the time of entering into this Agreement;
2. The Registered Name Holder shall provide to the company registrar ("Registrar") accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation;
3. Where you act on behalf of a corporate entity, you have the legal authority to bind such corporate entity to these terms, in which case the terms "you", "your", "User" or "customer" in this Agreement shall refer to such corporate entity. If, after your agreement to these terms, we learn that you do/did not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these terms. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, we reserve the right (but undertake no duty) to require additional authentication from you;
4. You shall not permit any other person to use your username in order to gain access to the service, nor shall you divulge to any other person any password which you may from time to time use in gaining access to the services. If your password becomes known, you will inform us immediately. We may require you to change your password where considered necessary, and
5. You agree at all times to indemnify us for any expenses, costs, damages, penalties, imposts and any other liabilities we incur from time to time, whether directly or indirectly, as a result of you transmitting or receiving or in any other manner using any information, which transmission, receipt or use is facilitated by or connected with the provision of services to you, including without limitation liability for breach of copyright or any other intellectual property rights.

Terms governing your account

In order to access some of the features of this Site or use some of the Services found at this Site, you will have to activate an account ("Account"). You represent and warrant to us that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If we have reasonable belief that your Account information is untrue, inaccurate, out-of-date or incomplete, we reserve the right to suspend or terminate your Account.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not. It is your responsibility to ensure your Account information is secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN. For security purposes, we recommend that you change your password and shopper PIN at least once every three (3) months for each Account you have with us. You must notify us immediately of any breach of security or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss we or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

In relation to domain name services offered by us, a Registered Name Holder's wilful provision of inaccurate or unreliable information, its wilful failure promptly to update information provided to Registrar, or its failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for cancellation of the Registered Name registration.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the Registered Name Holder reasonable evidence of actionable harm.

1.2.1 Registrar shall provide notice to each new or renewed Registered Name Holder stating:

1.2.1.1 The purposes for which any Personal Data collected from the applicant are intended;

1.2.1.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);

1.2.1.3 Which data are obligatory and which data, if any, are voluntary; and

1.2.1.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

1.2.1.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 1.2.1

1.2.1.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 1.2.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 1.2.1.5 of any such third-party individuals.

1.2.1.7 Registrar shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 1.2.1 above.

1.2.1.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

1.2.1.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

1.2.1.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Registrar is located.

1.2.1.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

1.2.1.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

1.3 Structure of terms

These terms are structured so that there are clauses which apply to all Services ("the general clauses") and there are clauses which apply in respect of particular Services. Unless a specific subsection is cited, references to any clause include the subsection in that clause (for example, a reference to clause 1 includes this subsection 1.3, while a reference to clause 1.2 does not include this subsection 1.3).

For the purposes of these terms, the general clauses refer to clauses 1 to clauses 15, while the remaining clauses specify which particular Services they apply to.

Several of the remaining clauses may not apply as you may not have purchased or used those particular Services. However, if you have purchased a particular Service, and there is an inconsistency between a general clause and the clause which applies in respect of that particular Service, you agree that the inconsistency shall be resolved by giving precedence to the clause applying to the particular Service.

2 Acceptable use & general conduct

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

• Use our service and services in a manner which does not violate any applicable laws or regulations;
• Respect the conventions of the newsgroups, lists and networks that you use;
• Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our Service;
• Respect the privacy of others;
• Use the service in a manner which does not interfere with or disrupt other network users, services or equipment;
• Refrain from acts that waste resources or prevent other users from receiving the full benefit of our Services; and
• 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:

• Violate copyright or other intellectual property rights or publish any material that infringes any third party's intellectual property rights or any other rights;
• Illegally store, use or distribute software;
• Transmit threatening, obscene or offensive materials;
• Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language;
• Misrepresent or defame others;
• Commit fraud;
• Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet;
• Damage, modify or destroy the files, data, passwords, devices or resources of us, other users or third parties;
• Engage in misleading or deceptive on-line marketing practices;
• Conduct any business or activity or solicit the performance of any activity that is prohibited by law;
• Make an unauthorised transmission of confidential information or material protected by trade secrets;
• "Spam" or engage in "spamming" activities, or sending unsolicited commercial activities;
• 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;
• Post or transmit defamatory, harassing, abusive or threatening language;
• Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
• Facilitate a violation of this clause and the relevant Acceptable Use Policy;
• Perform any other action through utilization of any service which we deem unsatisfactory;
• Run Proxy or any proxy related services; or
• 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:

• 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, FTP, PHP, HTTP, Mail, etc;
• Use more than 512MB of RAM;
• Use, create or generate (directly or indirectly) in excess of 100 website connections or 100 active processes;
• Use more than 1MB/s of disk IO;
• Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed;
• Run stand-alone, unattended/automated server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD;
• Run any software that interfaces with an IRC (Internet Relay Chat) network;
• Run any gaming servers/services;
• 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;
• Store more than 1 full backup of your web space at any time. The oldest backup file/s will be automatically deleted from our servers after 1 month of creation if your account exceeds this limit. Only backups created using the hosting manager are acceptable, all other backup files will be deleted;
• Execute any script for longer than 180 seconds;
• Execute any database query that takes longer than 30 seconds to complete;
• Create or maintain in excess of 1,000 tables per database;
• Create or maintain in excess of 1GB of storage per database;
• Any activity which causes the server to crash / restart;
• Check their email more than every 3 minutes; or
• Enable error logging/debugging for more than 15 minutes at a time, create more than 500 debug/log files per day or use more than 1GB of disk space for debug/log files

You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.

You must at all times comply with law. You irrevocably agree that you will also be in breach of this Agreement on violation of state, federal or international laws.

You irrevocably agree that any breach of this clause can result in immediate suspension or 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.

3 Liability & indemnity

You expressly and irrevocably 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 or use of Services, 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.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH 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.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any of the following, non-exhaustive, examples:

• Loss of business, contracts, profits or anticipated savings;
• Other indirect or consequential or economic loss whatsoever;
• Loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
• Injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
• Negligence, misconduct, or breach of this agreement by you;
• Incomplete, inadequate or otherwise problematic use of any Services by you;
• Omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
• Incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
• Allegation that your account infringes a third person's copyright, trademark, or intellectual property right, or misappropriates a third person's trade secrets due to the information you have provided us, and
• Damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any legislative provision ("Act") falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

4 Fees

The charges for our services are published on our web site. We maintain the ability to change them at will, however changes shall not be retrospective.

Charges for a service are those published at the time you request for the service. Special, promotional or bundled pricing for particular Services may be limited on a per year/member/email address basis; prices displayed after account login and prior to payment will indicate eligibility for such pricing. You agree to pay for all the services you request and/or use. Charges that you pay are non-refundable, except where we have expressly consented otherwise.

You agree that failure to pay or failure of payment being honoured will void your application and relieve us of any responsibility with regards to the provision of the services applied for.

You are solely responsible for the renewal of any held services with us. You acknowledge and agree that we may, at our discretion, choose to send notification of expiry but are not obliged to do so, but that it is your responsibility to ensure that your electronic contact address is valid, active and correct. You hereby agree that we cannot and shall not be held responsible for any loss/suspension/termination of any service arising from a failure to renew your services.

Indicative renewal fees are published on our website – https://aussiewebsolutions.com.au/hosting . There is no variation in post expiry renewal fees from pre expiry renewal fees.

Payment

You irrevocably agree and authorise that if any payment due from you to us is not received by the due date, that we may directly debit that payment using the credit card account details provided by you upon registration.

We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owed to us by you. Without limitation to the above, we may charge an administration fee for any dishonoured cheques.

You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment, we reserve the right to purge all data pertaining to your account with us without liability whatsoever.

Pricing

All pricing is displayed exclusive on applicable taxes and surcharges. Any applicable amounts will be included in the total amount on the final screen prior to order completion. By proceeding with order completion you irrevocably agree and authorise to the displayed amount being either drawn from the selected payment method or required to be processed by you as a manual payment (e.g Poli Payment).

All pricing is displayed in the currency noted on the page being viewed.

Applicable Taxes

As aforementioned, taxes (amount and type of tax) may be applied to your order should they be applicable. This can occur due to, but not limited to, the following circumstances; your geographical location, nature of order (business or personal) and/or product/service ordered. Applicable taxes can be applied regardless of the selected currency.

Depending on the aforementioned circumstances, you may or may not be asked to provide additional information regarding your account and the details that are associated to the account and the products/services that are being rendered.

If you indicate, or it is deemed that you are operating as a business, company or corporation, you'll be responsible for self-assessing and paying your own applicable taxes at the standard regional rates, should this be required under local legislation. Upon request you will be required to provide either on or post account application the following (but not limited to) information:

• Your entity name and if applicable, number
• Your applicable Tax ID (e.g VAT Number)
• The nature of your business

If you indicated, or it is deemed that you are operating the account for personal use, your account and orders may be subject to applicable taxes at the current local rate required by your local legislation. If you indicate that your account is personal, we reserve the right to review and assess your account and if deemed necessary, change your account to business at our sole discretion. We may, but are not obliged to, contact you to advice of this change and/or request further information regarding the nature of your account.

In accordance with applicable legislation, it is your responsibility to ensure that any and all tax requirements are met at your sole responsibility. cannot and will not give any advice about applicable taxes. Should you have doubts or queries regarding applicable taxes you should contact your tax advisor or applicable revenue commissioner.

You may, at any time contact us with regards to the nature of your account or make these changes via your Client Portal. We reserve the right to review provided information or request further information if necessary. By changing the status of your account you may be eligible for an account credit based on incorrectly applied taxes, however we are not obliged to do so.

Any applicable taxes charged will not only be indicated prior to payment processing but will be included in any completed invoices.

Automatic Renewal Service Agreement

Your purchase includes an opt-in 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 just before they're set to expire, with no further action on your part. We may, but are not obliged to, issue notification to the contact details on file advising of the impending auto-renewal. You may cancel this service at any time by turning off the auto-renewal feature in your Account Manager. Click 'Setup Auto Renewal' and remove your domain name, product or service from the list. You may also receive a notice to the email address on file ahead of auto renewal processing. Any cancellations of auto renewal must be actioned 1 calendar day ahead of auto renewal date. By opting in, or not opting out of auto renewal, you agree to be bound by all applicable terms, conditions, policies and procedures which apply to product renewed as they are published within this document.

Payment Chargebacks

You irrevocably agree that:

• You cannot seek to reverse a payment (chargeback) in your favour.
• We may hold you to the transaction, resist the chargeback, and charge you reasonable costs for doing so.
• We hold the right to suspend and/or cancel your service and decline you from any further services until all applicable costs have been paid.
• We reserve the right to engage the services of a debt collection agency should the above costs not be paid, and
• You will be charged for collection costs in addition to applicable costs in the event that we exercise the right to engage he services of a debt collection agency should the above costs not be paid.

General privacy policy

This policy governs the use and disclosure by us of personal information of our users and outlines how users can access that information. It is only applicable on the assumption that:

• You provide us with all information marked as compulsory on the relevant application forms
• You warrant that all information provided to us is complete, accurate and up to date at all times

Notification

You irrevocably agree that we may provide notification or communication by:

• Emailing the notice or hyperlink to a webpage that contains the notice, to the most recent electronic contact address supplied to us;
• Calling the most recent number supplied to us;
• Ordinary mail/hand delivery to the most recent postal address supplied to us; or
• Any other method permitted by law.

You irrevocably agree that any notification or communication is deemed to have been received by you as follows:

• If it (or hyperlink to it) is emailed: one hour after it leaves our mail server;
• If it is mailed: at 10AM on the second business day after posting it;
• If it is hand delivered: at the time of delivery; or

In any other method: at the time by which it would have been delivered as per the normal course of the given method.

Right to deny

In addition to any other options, we may, in our discretion, without notice, refuse to supply, cancel, suspend or transfer any service should we believe it is necessary to protect the integrity, stability and security of us, the Site, or our affiliates/agents; or at the request of any law enforcement agency; or pending any applicable dispute resolution process or in effort to avoid potential liability, civil or criminal, on our part.

Amendments to Agreement

We, in our sole and absolute discretion, may change or modify this Agreement, and any further agreements incorporated herein, at any time. We will endeavour to provide notice to you of any such amendments that affect this Agreement and you, by email to the most recent electronic contact address supplied to us Account, or in whatever way we deem most effective. Such amendments shall be effective at the time specified in the notice or if no such time is indicated or otherwise, immediately upon the posting of such amendments on this Site. Changes to this Agreement will become evident by the posting a "Last Revised" date at the bottom of this page. Further use of the Site and its Services will indicate acceptance of these revised conditions. If you do not agree to be bound by any such changes or amendments, or this Agreement last revised, discontinue use of the Site and Service thereof.

Please refer to the latest revised version of this Agreement posted on our Site prior to the renewal of any services, and prior to purchasing, registering, applying for, or subscribing to any new Services offered by Us. The latest revised version will apply to any Services at the date of the renewal, or to any new services at the date of the application, registration, purchase, or transfer, whichever is earliest. If you do not agree to be bound by this Agreement as last revised, discontinue use of the Site and Service thereof, do not proceed with renewal of any existing Services, and/or do not take out any new Services, whichever is appropriate.

Waiver

A waiver by us of a provision or right under this agreement is binding on it only if it is given in writing and signed by our authorised officer. A waiver is effective only in the specific instance and for the specific purpose for which it was given. Failure by us to exercise or delay in exercising a right under this agreement does not prevent our exercise of the same right at a later date, at any time, or operate as a waiver of our rights in the matter.

Further assurance

You must at our request promptly execute and deliver such further documents and do such further acts as are reasonably necessary to give full effect to your obligations under this greement.

Reasonable Control

We are not responsible for any delay in performing or failure to perform any obligation to you as a result of any matter beyond our reasonable control.

Payment methods

We accept Credit Card (MasterCard or Visa), PayPal, POLi, and bPay.

Payment - Websites

Payment for website projects is made over two stages:

• Stage One: Prior to commencing work we must receive a 20% deposit for your website project (on balances exceeding $1000 AUD).
• Stage Two: Once website is complete, we will send you an email seeking approval. You have 5 business days to accept this, otherwise we deem your non response as approval. Once we receive website approval from you, our management system will raise an invoice with the remaining 80%, due within 14 days. If we have not received final content for your website at the time of website approval, we will load dummy content onto your website.  If you haven't supplied your website content to us by the time of design approval, we will enter your content when it is supplied to us at a later date. The final 80% payment will not, under any circumstances, be delayed for failure by you to supply us with content. The payment may be only be delayed, if upon supplying you with your website for approval, there are clear differences in what we supplied to you from what we have promised to you in our initial proposal and/or design concepts.

Payment - Hosting

Payment for shared or managed WordPress hosting is made annually, on the first day of the commencing month. You will receive an invoice two weeks prior to the due date.

Payment - Digital Advertising

Payment for digital advertising management (Google Ads, Facebook Ads) is billed monthly, on the first day of the commencing month. You are charged 30 days in advance, and will receive an invoice for this two weeks prior to the due date.

Your Adspend for digital advertising is charged directly through the digital platform to your nominated credit card on file. For complete transparency, we do not pay directly for advertising and pass the charges on.

Refund Policy on Website Projects paid in total before commencement

Prior to work commencing:

You are eligible for a complete refund of your project if no work has commenced on your project, from when we receive payment of your deposit, to when we receive notice in writing that you are cancelling your website project and request a refund.

Once work has commenced:

Once we have commenced work on your project, a partial refund may be available. Any request for a refund, or partial refund, must be made in writing. Your refund will be calculated by deducting costs associated with work undertaken by Aussie Web Solutions (charged at our current hourly rate) and/or expenses incurred by Aussie Web Solutions relating to your project up to the date of cancellation.

Work undertaken on your project may include, but is not limited to; contact between yourself and an Account Manager or website designer from Aussie Web Solutions, the commencement of design by Aussie Web Solutions for your project, the sourcing of imagery for your project, time spent on strategy for your website, internal discussions by our staff relating to your project, the allocation of future staffing resources in response to your project sign-off and any time spent building and/or coding your website. Expenses incurred may include the purchase of stock imagery, the purchase of third party technology products and/or services for your project as well as other, reasonably incurred expenses in building your website.

Pricing

Aussie Web Solutions has the right to change pricing at any time. Before doing so, notice will be given to you. Your continued use of our services implies an acceptance of the new pricing.

Non Payment of task fees

If task fees become overdue by more than 30 days we will put your website account on hold until all outstanding fees are collected. This will include any email addresses we provide.

If task fees become overdue by more than 90 days we will send your account to a debt collection agency. You will then be liable for any fees incurred in the recouping of the fees charged by the agency.

Email Hosting

We provide a business email service,  Features include:

• Accounts at your domain (jane@yourdomain.com, tim@xyzbusiness.com.au etc)
• Spam filtering and virus protection
• Webmail
• Compatible with Outlook®, Thunderbird®, Entourage®, Opera®, Apple iPhone®, Apple iPad®, Blackberry®, Android® and any other POP/IMAP client.

This service is included in your annual hosting fee. For more information on hosting plans, please see our Hosting page.

Promotional Material

Aussie Web Solutions reserves the right to use our client websites, web designs, layouts, wireframes and collateral in marketing initiatives and / or advertising. This may include portfolio examples on our website, case studies and other promotional initiatives.

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement,
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 18.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

Setup

It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

• Payment is not cleared or received in full.
• We believe the order, information or payment is fraudulent.
• You have any funds outstanding with relation to any other account.
• The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
• There is any other reason which we deem satisfactory.

We may send notification of hosting activation however:

• Your contact details must be correct and up to date.
• This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

Service Levels

We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

1. We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
2. We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
3. We may, at our discretion provide notification of outages whether planned or unplanned.
4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

Third Party Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

Terms/Representations

1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
2. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your data. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your data, distribution lists, or any other content.

IP Addresses

IP Address Upgrade

The IP Address upgrade enables you to obtain a unique IP address for your hosting account. This is traditionally used for custom DNS control or for separating your account from others on shared hosting services which share one single IP address.

Resumption of IP Addresses

You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.

Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are 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 if your request for a cancellation of the Services has not been received by us within the 'Money-Back Guarantee Period'. We reserve the right, subject to these terms and at our absolute discretion, to offer you;
   1. An account credit; or
   2. A refund;

in circumstances where a cancellation request has been received by us outside of the 'Money-Back Guarantee Period'.

1. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase under a Money-Back Guarantee is waived and ceases with immediate effect.
2. We may choose, on your request to downgrade an account however no refund or account credit will be applied if:
   • . We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided; or

1. You have made your request outside of the ‘Money-Back Guarantee Period'.

1. You are liable to pay any administrative costs incurred by us as a result of refunding any Service outside of the 'Money-Back Guarantee Period';
2. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
3. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
4. Your request for refund will be denied where we:
   • . Determine that you have not claimed your refund in strict compliance with clause 18.3.3;

1. Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user);
2. Believe you have breached your agreement with the terms of this Agreement in any way;

• Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or

1. Believe the request is fraudulent.

1. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
2. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 18.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly, via email to us:

1. request a cancellation of your Services; and
2. request a refund or account credit (and provide reasons for the request).

Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms of this Agreement.

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 on our website.

Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

If your account is cancelled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice.

18.5 Web Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

• Non-payment or failure to renew service.
• Chargeback/reverse of payment.
• If we have reason to believe you are not using the services in accordance with this service agreement.
• If a competent regulatory authority/body requires us to do so.
• At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

• If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
• If you do not comply with our breach notice.

You release us of any claim arising from suspension, cancellation or termination of any service.

Web Hosting Transfer

The Web Hosting Transfer service is available to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to Aussie Web Solutions. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included.

We do not make any guarantees in transferring email and web hosting regarding:

• Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management.
• Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame.
• Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to Aussie Web Solutions, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer.
• Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion.

We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to Aussie Web Solutions. It is your sole responsibility to maintain a full back up of your data and files.

Refunds

In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply.

We will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn't be offered.

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control.

We are a reseller of the domain name Registrar. We provide End User's with access to the Registrar services.

The domain name Registrar's obligations include:

• The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies;
• Carrying out limited functions on behalf of the registry operators;
• Serving as a registrar of record;
• Provision of online facilities for the management of domain names; and
• Provision of other, related services.

This document contains the terms and conditions that apply between you, us and the services provided by the Registrar.

BY SUBMITTING AN APPLICATION FOR A DOMAIN NAME LICENCE, OR BY RENEWING OR TRANSFERRING A DOMAIN NAME LICENCE TO US, YOU ARE ACKNOWLEDGING AND REPRESENTING THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU HAVE IDENTIFIED THE RELEVANT REGISTRY, AS WELL AS ANY REGISTRY POLICIES THAT APPLY TO THE TLD THAT YOU ARE REQUESTING. The Registries however may change their policies and where they are found at any point of time, and therefore we cannot guarantee that the list we provide is up-to-date, accurate or complete.

For so long as the registrar remains the registrar of record for a domain name there is a service agreement between them and its registrant on these terms and those imposed by the registry operators and their governing bodies.

Website Content

Websites from Aussie Web Solutions can not be used to circulate, communicate, store or transmit:

• Sexually explicit content,
• information that contains viruses or malware,
• Data considered copyright infringing,
• trade secret protected data;
• data that infringes on any intellectual property, publicity rights or privacy rights;
• content of a threatening, defamatory or harassing content,
• Data relating to illegal business operations;
• Contains deliberately misleading, incomplete or deceptive content; or
• is deemed inappropriate by Aussie Web Solutions

Site launch

We make every effort to launch your site onto your domain name on the date you request when approving your website but we do not offer a guarantee. If we are not able to launch on the day requested we will inform you prior to the date and arrange an alternative launch date.

Due to the reduction in staffing levels around Christmas and New Year we do not deliver or launch sites in the Christmas/New Year period.

1. The Initial Set Up Fee is payable in full before the setup of your Google AdWords/facebook accounts will begin.
2. The Monthly Management Fee for your Google AdWords/facebook advertising account will be invoiced 2 weeks before the start of each month, due on the 1^st. The Management Fee will be charged monthly in arrears. Aussie Web Solutions reserves the right to charge the Management Fee in advance at any time by email notice to you a reasonable time before the change occurs.
3. Aussie Web Solutions ™ will automatically debit your supplied credit card monthly for the Management Fees unless you and we have agreed to charge the Management Fee using a different basis, method and/or timeframe.
4. Aussie Web Solutions reserves the right to not set up your Google AdWords/facebook advertising account. At which time you will receive a full refund of all Setup Fees that you have paid.  Please note that in all cases where we have already set up your new account there can be no refund of the Setup Fee.
5. Aussie Web Solutions reserves the right to stop managing your Google AdWords/facebook advertising account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Aussie Web Solutions management fee will stop at the end the month.
6. If you wish to suspend or cancel your Aussie Web Solutions management of your AdWords/facebook advertising accounts at any time then please let us know by phone or email. We will then book a meeting (in person or by phone) with you and one of our team leaders or managers to discuss your requirements, feedback or concerns. If you still want to suspend or cancel after the meeting then your Aussie Web Solutions management fee will stop at the end of next billing cycle from the date of written notification.

Please note that if you wish to suspend (temporarily pause) your Aussie Web Solutions management of your AdWords accounts then your Google advertising must also be suspended/temporarily pause (which we will arrange).

1. Upon cancelling Aussie Web Solutions management, all amounts owing to Aussie Web Solutions will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
2. Aussie Web Solutions reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days

1. General AdWords/facebook advertising Terms & Conditions

 

This is not a fixed-term contract with Aussie Web Solutions, however whilst Aussie Web Solutions are managing your Google AdWords/facebook advertising account the following terms and conditions apply:-

1. By entering this Agreement with Aussie Web Solutions you give us permission to access your Google AdWords/facebook advertising account for the purposes of optimisation and management of your online business.
2. Aussie Web Solutions will endeavour to set up your AdWords/facebook advertising accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
3. If we request more information from you for the setup of your new or existing account, Aussie Web Solutions will not be held responsible for any delay arising from the need for further information.
4. To allow us to finalise strategies started and ensure your account is not negatively affected by “half finished” optimisation techniques, we require 2-weeks’ notice to cancel management and billing. We would appreciate the opportunity to discuss your concerns at this time.
5. Aussie Web Solutions management (with Aussie Web Solutions management fees) is a separate service from the “per click” fees that Google AdWords/facebook will charge you. Cancellation of your management does not automatically stop your Google AdWords advertising from running and incurring Google AdWords/facebook “per click” fees. Aussie Web Solutions will not be liable for any amounts that Google AdWords/facebook  charges you following the cancellation of your management with Aussie Web Solutions. If you wish to cease advertising online at the same time that you cancel your Aussie Web Solutions management, please notify your Client Manager in writing so that we can cancel your Google Adwords/facebook advertising as well. Alternatively, you may choose to directly access your own Google Adwords/facebook advertising account to arrange cancellation.
6. For clarity, please note that:-

(a) Aussie Web Solutions is not Google, Google AdWords, Facebook or Yahoo;

(b) Aussie Web Solutions is affiliated with Google by being a “Google Partner”.  Aussie Web Solutions has no fewer than two staff members who are “Google Certified Individuals”. However despite this affiliation with Google, Aussie Web Solutions is a separate entity from Google and facebook; and

(d) Your AdWords /facebook advertising account/s remain your property. We will work on your AdWords/facebook advertising account/s, but it/they remain Yours.

1. Aussie Web Solutions will endeavour to help you obtain your online advertising goals by providing you with advice, information and technical services in relation to Search Engine advertising/marketing. Unless specifically stated to the contrary in this Agreement, Aussie Web Solutions do not guarantee any particular rate of return or performance of any online advertising on Google AdWords/facebook advertising (including but not limited to any particular search results page/s or rankings).  We cannot be held responsible for commercial outcomes which are associated with the Internet marketing or management of your Google AdWords/facebook advertising account for your business and/or websites.
2. Aussie Web Solutions is providing an internet marketing service for a competitive price. Aussie Web Solutions is not insuring or underwriting your chosen business model. You acknowledge that internet services are inherently subject to technical failures and disruptions from time to time. To the maximum extent permitted by law:-

(a) Aussie Web Solutions will not be liable in any  way for fines, penalties, taxes (except GST), exemplary/aggravated/punitive damages, liquidated damages, indirect/consequential losses (including loss of contract, loss of production, loss of revenue, loss of profit, lost opportunity costs, and/or other loss not arising naturally and directly according to the usual course of things) or legal costs and expenses (except reasonable legal costs awarded by a court) arising from the subject matter of this Agreement; and

(b) The maximum liability of Aussie Web Solutions to you is the lesser of:-

(i) the sum of Setup Fees and Management Fees you have paid to Aussie Web Solutions or

(ii) the cost of re-supplying the online advertising services; or

(iii) the cost of rectifying the online advertising problem which has caused your loss.

1. These Terms and Conditions are governed by the law in force in the State of Queensland, Australia, and the parties irrevocably submit to the non exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them for determining any dispute concerning the Terms and Conditions.
2. These Terms and Conditions can be modified at any time by Aussie Web Solutions. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will attempt to notify you of these changes.
3. If the whole or any part of a provision of these Terms and Conditions are void, unenforceable or illegal in a jurisdiction then such part shall be severed for that jurisdiction. The remainder of the Terms and Conditions have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of the Terms and Conditions or is contrary to public policy.
4. You warrant to Us that you will use the services provided by Aussie Web Solutions under this Agreement for business purposes (and not predominantly personal, domestic or household use).
5. To the extent that Copyright subsists in any text that We create for Your AdWords account/s pursuant to this Agreement; We assign copyright in such text to You. For the avoidance of doubt, this clause does not assign copyright in any other materials that we may create for you outside the scope of this Agreement.
6. You are solely responsible for maintaining the secrecy of your username and password in relation to the Account/Site, and for restricting access to your computer. You are fully responsible for the use of the Account/site under your username and password. In case of breach of security, you must notify Aussie Web Solutions immediately of any unauthorised use of your username or password.
7. Aussie Web Solutions reserves the right to deliver marketing, advertising and other promotional materials to all of its clients, as well as any past clients. Aussie Web Solutions will endeavour to cease any marketing/advertising communications in a timely manner in the event a client, or past client, opts-out of future promotional materials.

Facebook specific terms and conditions

1. Unless otherwise expressly agreed to between you and Aussie Web Solutions it will be your responsibility to monitor, manage and respond to all commentary on the Facebook Page;
2. Aussie Web Solutions may at your request setup custom facebook tabs using our agency account. At the termination of your management agreement with Aussie Web Solutions all data and ownership of the custom tabs cannot be transferred. Aussie Web Solutions may, on occasion, manage third party applications (including custom tab builders) at your request.

Sub-contracting

1. Aussie Web Solutions may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by Aussie Web Solutions for the Customer.

Non-payment

1. Failure by the Customer to meet financial obligations may result in legal proceedings by Aussie Web Solutions under which circumstances all legal costs and other administrative expenses will be recoverable in full by Aussie Web Solutions.

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this agreement;
2. You can only expect services in accordance with the terms of this agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the site, and this agreement, the terms of this agreement shall prevail over the representations – and your expectations of the service shall be limited to the representations in this agreement.

15.1.2 Services

Logo, Graphic and Web Design are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Logo, Graphic and Web Design services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

Each package has an allocated number of concepts and revision rounds or design and content updates provided by us, which are advertised on the plans on our website. Further revision, concepts or design and content updates will only be available by upgrading to the higher package or purchasing relevant upgrade products.

Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 9AM to 5PM AEST with the exception of public holidays (all states, provinces and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.

You acknowledge and agree that each website created under the Web Design services will contain a statement that the website has been created and powered by Aussie Web Solutions. The coding of the site will also contain references to Aussie Web Solutions. Removal of all references to Aussie Web Solutions will incur an additional fee to be determined solely at our discretion.

15.1.3 Creative Brief and Responses for Logo, Graphic & Web Design

You are solely responsible for preparing and posting detailed descriptions of each of your creative briefs to the web site, including providing samples illustrating your creative brief and any relevant deadlines.

We are under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a creative or revision brief.

When you are provided with a revision, you are responsible for reviewing the revision. If you fail to promptly advise that the revision is not reasonably responsive to the creative brief, you will be deemed to have accepted the revision.

If you notify us that you think a revision is not reasonably responsive to the related creative brief, you shall then submit to us a revision brief containing information regarding amendments or modification to be made to the initial Response.

15.1.4 Revisions for Logo, Graphic & Web Design

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the responses generated might be quite different in nature from the original composition you selected. We can only apply requested revisions that are within the limitations of the product and platform to which the product is built. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

The included revisions are applicable to the initial design only and further revisions after the design completion will be charged at our discretion.

Maintenance

We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.

We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.

Websites

Due to the software required to run the Web Sites, the Web Design products must always be hosted on our servers and cannot be hosted elsewhere. This means you will also not be able to retrieve a back up or local copy of the website.

Technical Information

Colours: The default colour model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can be required upon request.

Rights to Use

Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.

Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.

Logo Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the final product. Accordingly, you are encouraged to perform your own independent searches with regard to the final revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design: Ongoing service is solely dependent of your active subscription to the Web Design and Do It For You service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.

Third party

We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.

Terms/Representations

1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Emirates Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
2. This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content.

Refunds Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of services that you are purchasing;
3. You have ensured that services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are 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. We reserve the right, subject to these terms, to offer you:
   • An account credit; or
   • A refund;

only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;

1. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any service(s) available at our website.
2. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
3. You are liable to pay any administrative costs incurred by us as a result of refunding any service within the 72 hour rejection period;
4. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
5. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;

Your request for refund will be denied where:

• .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);
• We believe you have breached your agreement with clause 15.2.1(a), (b) and (c) in any way;
• 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
• We believe the request is fraudulent.

1. We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision; and
2. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from services, and you have breached your agreement with clause 15.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

15.2.2 Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the 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. You also understand that your eligibility for refund or account credit is subject to clause 15.2.1 of this Agreement.

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.

15.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to this agreement.

If your account is cancelled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice.

This relates to the Cloud Backup Product.

Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

Terms/Representations

1. We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this Agreement and any agreement of our third party suppliers.
2. A Cloud Backup plan covers the amount of disk space advertised on our website. You must purchase additional upgrades or change to another plan if you require more disk space.
3. Any data stored as part of the Cloud Backup service will be deleted within 90 days of the expiration of the Cloud Backup licence.

Refunds

Agreement

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are 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. We reserve the right, subject to these terms and our discretion, to offer you:
   1. An account credit; or
   2. A refund,

only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.

5. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
6. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
7. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
8. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
9. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
10. Your request for refund will be denied where:
    • Service on the claim has been used illegally or outside the terms of service;
    • We believe you have breached your agreement in any way;
    • 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
    • We believe the request is fraudulent.
11. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
12. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with these terms in any way whatsoever at any time after indicating your agreement to these terms.

Process of claiming refund

In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the 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. You also understand that your eligibility for refund or account credit is subject to clause 33.2.1 of this Agreement.

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.

Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account;
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination;
• You fail to comply with any provision in this agreement or those referenced in this agreement;
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights;
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers; or
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to this agreement.

If your account is cancelled under this agreement:

• You must pay all outstanding charges to us immediately;
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation;
• We may immediately delete all data held prior to cancellation;
• We may perform any action without notice; and
• Any amounts paid by you in advance are forfeited upon the termination of your account.

We reserve the right to suspend or terminate your access to this Service, or take any further measures deemed necessary, at our sole discretion, at any time and without prior warning, as a means to ensure the integrity of the Service, us and the terms of this Agreement. Such suspension or termination or discretionary decision is done so without any liability to you given the following circumstances, including but not limited to;

• If you breach these terms;
• You or any person using your account, whether with consent or not, misuses the Service;
• Incorrect information given by you to us; or
• There are reasonable grounds for us to suspect any of the above.

24/7 Support

Aussie Web Solutions provides 24/7 phone, live chat and email support service at sales@aussiewebsolutions.com.au as part of your hosting plan.

Included in your yearly fee:

• Help using the Secure Client area
• Webmail support (and one time support for email setup)
• Help configuring and transferring Domain Names
• Billing enquiries
• Bug reports and fixes

The following attracts an hourly support fee of between $100-$175 ex GST in 30 minute increments:

• Support from staff other than our helpdesk staff (e.g. Management or Designer)
• Content changes
• Designer time / design changes ($110 ex GST/hour)
• Project manager time ($110 ex GST/hour)
• Developer time ($110 ex GST/hour)
• HTML/CSS/Coding training, support or troubleshooting
• All customer computer hardware issues that we can help with, this is outside of our expertise so is not a guaranteed service
• Time spent investigating a reported issue for which Aussie Web Solutions is not responsible for

Payment of all support tasks or additional work outside of your original project fee will be payable as soon as the task is completed. We will not notify you of the payment, we will charge you using your payment method on file.

All quotes are valid for 30 days.

 

You acknowledge and irrevocably agree that

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.

Terms/Representations

We offer full support servers for our clients.

You acknowledge and agree that for all server products, we have the right to deny advanced support requests at our discretion. For Full-Managed products, we have the right to request additional payments for advanced support when the request involves complex or lengthy tasks that exceeds an acceptable amount of time for such support, as solely determined by us.

1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Emirates Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
2. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

IP Addresses

You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.

Refunds

You expressly and irrevocably agree that:

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are 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. We reserve the right, subject to these terms and our discretion, to offer you:
   • An account credit; or
   • A refund

only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.

1. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
2. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
3. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
4. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
5. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
6. Your request for refund will be denied where:
   • .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);
   • We believe you have breached your agreement with clause 20.1.2 in any way;
   • 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
   • We believe the request is fraudulent.
7. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
8. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 20.1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

Process of claiming refund

In order to claim a refund or account refund, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the 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. You also understand that your eligibility for refund or account credit is subject to clause 20.1.2 of this Agreement.

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.

Service Uptime Guarantee

We have a 99.9% Service Uptime Guarantee for all of our part-managed and full-managed servers. Should the service experience any downtime due to an error on our behalf, that is investigated and proven by us, you can contact our support staff and request a refund or account credit of the pro-rata value of product from the date of purchase up until the date of the determined failure. You acknowledge and agree that refunds will be issued to the credit card used to purchase the product and that account credit may only be used to purchase product/service(s) from us.

You further acknowledge and agree that we are under no obligation to contact you regarding a refund or account credit for a failure if you have not made a refund or account credit request. You also agree that only one refund or account credit can be awarded for a product for the same period of time. If more than one failure of the Service Uptime Agreement is experienced, a refund or account credit can only be awarded from the date of the last failure up until the date of the current failure. You cannot claim from the date the product was purchased if you have already claimed the value of this period previously. You acknowledge and agree that the Service Uptime Guarantee does not apply to service interruptions caused by:

1. Any actions, of any kind, on your behalf where you have misused the product or caused a change to the configuration of the product. Such actions include, but are not limited to, alterations to the settings of the product that causes a break in the connection to the domain name.
2. Any actions or alterations made to the product by third parties, or any alterations made to the product by the installation of, or any other action associated with, third-party applications.
3. Outages that do not affect the functioning of your website, including visual appearance, yet only affect your access to internal features such as email or back up information/data.
4. Outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc.), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party.
5. Routine maintenance, service and upgrades performed from time to time. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.

Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to this agreement.

If your account is cancelled under this agreement:

• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice

Your privacy

Your privacy is important to us. We dislike SPAM as well. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.

Fair use policy

We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Aussie Web Solutions customer then we reserve the right to terminate your account - effective immediately.

Our website

You may display our website on an internet access device, and occasionally, and only in circumstances that constitute "fair use" under applicable copyright law, print copies of insubstantial portions of our website. You may not modify our website, or any portion of it, except with the express written consent of Aussie Web Solutions

Accessibility

We make efforts to ensure that our website, Client Portal and all of our services are online 24/7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can't control and others that we can. When our service is offline we will do our best to get it online as soon as possible. We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline. If you have specific hosting needs, or expect a large volume of users to visit your website in a short space of time, e.g. viral marketing campaigns, mass media exposure etc then please contact us well in advance.

Hosting

Your website must be hosted on our servers for the duration of your contract with us. Given the nature of our Content Management System (CMS) / Client Portal we cannot build or support your website unless it is hosted by us.

We will not be held liable for any action or inaction relating to our service. We offer a quality service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.

Disclaimer of warranties

Aussie Web Solutions does not give any warranty in respect of our services other than as is implied by law.

Severability

If a clause or part of a clause is read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way. If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part thereof is to be treated as removed from this document, but the rest of this document is not affected.

Dispute resolution

The parties will, in good faith, attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. Either party may initiate negotiations by providing written notice in letter-form to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within five days with a statement of its position on, and recommended solution to, the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet at a mutually agreeable time and place within ten days of the date of the initial notice in order to exchange relevant information and perspectives, and attempt to resolve the dispute. If the dispute is not resolved by these negotiations, the matter shall be submitted to mediation in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Mediation and Conciliation Rules.

If the dispute or difference is not settled within 30 days of the submission to mediation and provided such period is not extended by consent of the parties, it shall be and is hereby submitted to arbitration in accordance with, and subject to, The Institute of Arbitrators & Mediators Australia Rules for the Conduct of Commercial Arbitration.

Notwithstanding the existence of a dispute or difference each party shall continue to perform the Agreement.

This clause shall survive termination of this Agreement.

Jurisdiction

This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction.