Terms and Conditions
Monday, 05 October 2009 09:36
1. Definitions and Interpretation
Definitions in this Agreement:
- 1.a "Agreement” means this document including any schedule or annexure to it.
- 1.b “Publication" means any marketing promotion, website or other information produced on behalf of Toowoomba Web Design.
- 1.c If a party consists of one or more person this agreement binds each of them separately and any two or more of them jointly.
- 1.d A party which is a trustee is bound both personally and in it’s capacity as a trustee.
- 1.e A “website” consists of one or more hyperlinked HTML , XHTML or PHP documents with a public ip address or URL.
2. Terms of Agreement
- 2.a This agreement shall commence on the date commissioned and includes all domain names, hosting services or newly developed websites as a completed product and shall continue until it is terminated in accordance with this agreement, or until the termination date, whichever first occurs.
- 2.b Each party must treat the confidential information of the other party as confidential and will not use it for any purpose other than carrying out its duties or obligations under this agreement.
- 2.c In no event shall Toowoomba Web Design be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, loss of savings, business interruption, loss of business information, or any incidental damages or other economic consequential damages) arising out of the inability to use our products.
3. Designs
- 3.a (X)HTML website design produced by Toowoomba Web Design remains the intellectual copyright property of Toowoomba Web Design and is made available on renewal of monthly or annual fees and can only be used with the authorisation of Toowoomba Web Design.
- 3.b Custom graphical design produced by Toowoomba Web Design remains the copyright property of Toowoomba Web Design and is made available on renewal of monthly or annual fees and can only be used with the authorisation of Toowoomba Web Design.
4. Domain Names
- 4.a All .au domain names will be registered for a minimum of 24 months and when purchased, are non-refundable.
- 4.b All .com - .net - .info - .org - .ws domain names will be registered for a minimum of 12 months.
- 4.c Domain names will be registered in the stated client name, with Toowoomba Web Design as the technical administrator.
5. Blog / Small Websites
- 5.a One domain name .au (subject to availability).
- 5.b One blog site with CMS (online editor).
- 5.c Hosting with 75MB storage capacity.
- 5.d Bandwidth limit of 500MB per month.
- 5.e One email address.
6. Small Business Websites
- 5.a Two domain names (subject to availability).
- 5.b One website with CMS (website editor).
- 5.c Hosting with 100MB storage capacity.
- 5.d Bandwidth limit of 1GB per month.
- 5.e Three email address.
7. Enterprise Business Websites
- 7.a Two domain names (subject to availability).
- 7.e One website with CMS (website editor).
- 7.b Hosting with 150MB storage capacity.
- 7.c Bandwidth limit of 1.5GB per month.
- 7.f Five email addresses.
8. Ecommerce Websites
- 8.a Three domain names .au (subject to availability).
- 8.b One website with CMS (website editor).
- 8.c Hosting with 200MB storage capacity.
- 7.d Bandwidth limit of 2GB per month.
- 7.eTen email addresses.
- 8.f The first 100 products added with individual images and descriptions (fee required for more).
- 8.g Supply secure server environment for transactions (SSL certificate and dedicated I.P address) between our server and your visitor(s) where required.
- 8.h Toowoomba Web Design will not be held liable in the event of non-payment or any indiscretion that may arise from unauthorised use of your website.
- 8.i Transactions made through your website are not the responsibility of Toowoomba Web Design.
9. Renewals
- 9.a Domain owners must observe and take note of domain renewal date(s).
- 9.b Domain owners will be notified of domain renewal one month prior to renewal.
- 9.c Domain renewals to be paid in advance where possible to ensure ownership.
- 9.d Failure to renew by the due date can result in the loss of your domain name and/or website.
10. Accounts
- 10.a All Accounts – 14 Days From Date Of Invoice.
- 10.b Non-Payment - The supplier may give information about you to a credit reporting agency, but only limited kinds of information allowed by the Privacy Act 1988 (Commonwealth) on failure to make arrangements for any outstanding payment.
- 10.c Information about you given to a credit reporting agency on failure to make arrangements for any outstanding payment(s) includes;
- 10.c.1 Identity details – this only includes your name, sex, date of birth, current known address, your employer or drivers license number.
- 10.c.2 The fact that you have applied for credit and the amount.
- 10.c.3 Payments overdue for at least 90 days when the supplier has taken steps to recover.
- 10.c.4 Cheques drawn by you which have been dishonored more than once.
