Terms of Service
These are the terms and conditions for our Website, Website Design, Development and Hosting that apply to any contracts and all work undertaken by Toowoomba Web Design for its clients.
1. Use of this Website and Services
(1a.) The website from which you accessed this agreement (“the Website”) is provided to you subject to the following conditions. By visiting (in any manner) the Website and using our services you accept these terms and conditions (the “Terms of Service”). Please read them carefully.
2. Our Services & Responsibilities
(2a.) Toowoomba Web Design shall provide their Services with reasonable care and skill.
(2b.) Toowoomba Web Design shall provide website design and development and related services, and perform its obligations, in accordance with your Website Quote.
(2c.) We will supply to you account credentials for domain name registration that we purchase on your behalf or in your name.
(2d.) When using current versions of well supported content management systems, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Any other CMS solutions are used on a best effort basis, where any incompatibilities are found.
(2f.) We do not guarantee any specific position in search engine results for your website. We include basic organic search engine optimisation where possible according to current best practice.
(2g.) We do not permit administrative access to your website or to our server by third parties.
(2h.) Toowoomba Web Design may include statement “Website by Toowoomba Web Design” on the home page of website’s we build, together with a hyperlink to the Toowoomba Web Design website.
3. Client Responsibilities
(3a.) Client must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.
(3b.) Client is responsible for complying with all relevant laws relating to your website, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Toowoomba Web Design and any subcontractors from any claim, loss or damage arising from you or your clients’ use of your website.
(3c.) Client shall be responsible for the accuracy and completeness of the Materials.
(3d.) Client acknowledges that the ability of Toowoomba Web Design to provide the Services is dependent upon the clients full and timely co-operation (which you agree to provide), as well as the accuracy and completeness of the design specifications, and any other information and data provided by you or on your behalf.
(3e.) You shall ensure that Materials do not infringe any applicable laws, regulations, industry codes or third party rights (such as material which is obscene, indecent, pornographic, offensive, defamatory, threatening, liable to incite racial hatred or in breach of any third party intellectual property rights) (“Inappropriate Content”).
(3f.) Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
(3g.) On completion of the work you will be notified and have the opportunity to review it. You must notify us of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved.
(3h.) Toowoomba Web Design cannot take responsibility for any copyright infringements caused by materials submitted by the client. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
(3i.) Toowoomba Web Design reserves the right to remove content where it reasonably suspects such content is Inappropriate Content.
(4a.) All notices given by Toowoomba Web Design may be given by email to address notified by you to Toowoomba Web Design as part of your registration process. It is your obligation to keep that email address current and correct. You agree that record of Toowoomba Web Design having sent a notice to you by email is, of itself, proof of receipt.
(4b.) This Agreement and any dispute or claim arising out of or in connection with same shall be governed by and construed in accordance with the laws of Queensland, Australia and parties submit to the exclusive jurisdiction of that State.
(5a.) Toowoomba Web Design reserves right to charge interest on overdue amounts at annual rate of 2% per day over Reserve Bank of Australia base rate ruling on due date.
(5b.) Toowoomba Web Design may by notice to you suspend work, and your use of and access to Services (including public access to your web content), until outstanding invoice(s) and interest are paid in full.
(5c.) Invoices may only be disputed by you by providing Toowoomba Web Design with written details of the dispute within fourteen (14) days of the date of the invoice, failing which the invoice shall be deemed to have been accepted by you. You shall remain liable to make payment of any undisputed portions of an invoice.
6. Additional Expenses
(6a.) You agree to reimburse us for any requested expenses which are not included in our Website Proposal Document including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
(7a.) You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Toowoomba Web Design and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
(8a.) When paid in full, we grant to you a license to use the website, content and any related software.
(8b.) Website content is always the property of the registered business/domain owner (you) and you shall retain ownership of all website content.
(8-1.) Special License Restrictions for Non-human Visitors
(8-1a.) Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who control or author them. These individuals shall ultimately be responsible for the behaviour of their Non-Human Visitor agents and are liable for violations of the Terms of Service.
(8-1b.) Special restrictions on a visitor’s license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.
(8-1b.) Email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognised that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognised under this agreement as a violation of this agreement and expressly prohibited.
9. Ownership of Domain Names
(9a.) Domain names must be registered to the website/business owner, administrator or authorised person with Toowoomba Web Design’s information included as billing and technical contacts.
(9b.) We will supply to you account credentials for any domain name registration and/or web hosting that we purchased on your behalf on request, when you reimburse us for any expenses that we have incurred.
(10a.) Following expiry or termination of any Services or Agreement, Toowoomba Web Design shall return to you all Materials provided on request. We will provide to you an electronic copy of the website (including all content on the website) provided you reimburse us for any outstanding expenses incurred.
11. Record of Visitor Use or Abuse
(11a.) As a visitor to the Website, you consent to having your Internet Protocol address recorded. Details may appear immediately below (the “Identifier”) if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Toowoomba Web Design under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
Questions and feedback about our Terms & Conditions can be directed to admin[at]toowoombawebdesign.com.au, or call us on 07 4635 3386 or 0418 168 678 during normal business hours.