The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files back-up software, Search Engine Optimisation and Secure Web Page services to be provided by Broadway Solutions ABN Number: 26 137 063 659 trading as Websites and Stores, as well as any goods or services provided by us under any reseller or ISP agreement (Services and individually Service). Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated by Websites and Stores to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted. Search Engine Optimisation means any service which is designed to assist your Web Site gain a higher listing in the Search Engine results.
DOMAIN NAME REGISTRATION
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Driver’s License.
- Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
WEBSITE HOSTING, EMAIL, SSL, VIRUS PROTECTION, ONLINE STORE
You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that
- you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
- you will not knowingly or recklessly post, link to or transmit any material:
- that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way;
- Or containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
- You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users make excessive or wasteful use of the Server to our detriment or that of our other customers. Websites and Stores reserves the right to suspend your service at the time of service abuse prior notification and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
- You warrant, undertake and agree that:
- any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
- the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
- Whilst we shall use reasonable measures to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers
- We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
- You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan.
- For hosting service plans which specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your web space provided in your account is expressly prohibited from use as an online file repository.
- For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
- For any service plan which specifies UNLIMITED email accounts, fair usage policy applies; the account will be subject to review and possible suspension.
- All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
- Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP, ASP.NET, CGI/PERL, FTP, HTTP, database connections and the like).
- Running standalone, automated server-side processes including, but not limited to any daemon.
- Running any bit torrent application, tracker or client.
- Participating in file sharing or other peer to peer sharing activity.
- Executing any script for longer than 180 seconds.
- Executing any database query that takes longer than 30 seconds to complete.
- Specifying cron tasks that execute more frequently than every 300 seconds.
WEB DESIGN SERVICES
- You are responsible to keep a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. Websites and Stores can provide an archival solution for the existing website at our standard commercial rates.
- We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. Websites and Stores are similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.
- You must provide complete feedback within 5 calendar days during design concept and production review. If no feedback is provided within this time, Websites and Stores reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form.
- You are responsible for the digital rights to any image that you supply to us in the course of a project.
- Once your website has been published, Websites and Stores will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $120.00 per hour or part thereof unless explicitly specified in the contract.
- For website builds including open source third party CMS applications (such as Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts.
- Websites and Stores warrants that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. Websites and Stores cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.
- While providing assistance in the obtaining of a merchant facility, Websites and Stores provide no guarantees that a bank will provide a merchant facility for your online store.
- Websites and Stores warrant the software used as stable and secure at the time of delivery. Post-delivery maintenance of the security of the site is the responsibility of the client or their agent, and not of Websites and Stores.
SEARCH ENGINE OPTIMISATION SERVICES
- Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.
- We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.
- The sale of search engine optimisation services is final, and no refunds or credits are available upon commencement of the program.
- Any changes to the layout or design of the website to make it more compatible to search engine optimisation are not included in the quotes. The design changes would be charged extra.
GOOGLE ADWORDS / PAY PER CLICK
- We will use your monthly advertising budget responsibly. Fluctuations in search traffic mean we cannot guarantee it will always be spent in its entirety. Underspend from one month will be rolled over into a future month.
- We do not offer refunds or credits for other services of your unspent monthly budget.
- The monthly Ad spend budget you have agreed to will be charged each month in advance, regardless of actual Adspend in the previous month. You may vary this plan up or down in advance, without penalty, to suit your marketing needs. This cannot be varied after billing has commenced for the period.
- Whilst we follow best practice to bring qualified traffic to your website, we do not guarantee that search engine advertising services will increase third party traffic to your website or that such traffic will increase business sales or enquiries.
- Setup fees for PPC *Setup, *Management, *Adspend & *Landing Pages are payable in advance automatically, either by credit card or direct debit/bank transfer. Setups and Ads will not commence serving until the appropriate invoicing is paid in advance.
- Website and Stores cannot guarantee the delivery or receipt of Emails to any Recipient and is dependent upon complete, full and accurate Lists from the Customer (including but not limited to, up to date email addresses, upon suitable internet availability or connectivity by the Recipient and on various anti-spam and junk mail policies adopted by the Recipient). Websites and Stores will provide the Service in accordance with the terms of the Contract, the Company makes no representations or warranties whatsoever about the speed or proportion of Emails sent that will be delivered.
- Guidelines for Self-Managed Campaigns:Customers should not use false or misleading header information.Customers should not use deceptive subject lines. Your email should give recipients an opt-out method.Commercial emails should include the sender’s valid physical postal address.Only send emails to your Opt In Customer Base
- Abuse of Email Marketing Service: Websites and Stores reserves the right to suspend or terminate email marketing service if you are found to be spamming.
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
- We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
- On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it.
- On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
- Without limiting the section below on our Exclusion and limitation of liability, Websites and Stores will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
30 DAY MONEY BACK GUARANTEE
Our Website Hosting Service is eligible to 30 day money back guarantee program. In order to get a refund the client needs to notify us before completion of 30 days of signing up of services by sending an email to us to calling us directly. 30 day money back guarantee only applies to our web hosting services.
- All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due as per the due date published on the invoice.
- The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
- Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
You shall not assign, sub-license or transfer Your rights or obligations under this Agreement to any third party without the prior written consent of Websites and Stores, however, in the event that Websites and Stores consents to such an assignment, sub-license or transfer, then this Agreement shall ensure to the benefit of and be binding upon the parties and their respective successors and permitted assigns.
You agree that any notice or communications required or permitted to be delivered under this Agreement by Websites and Stores to You shall be deemed to have been given if delivered by e-mail, in accordance with the contact information you have provided.
Websites and Stores shall not be liable for any loss or damage of whatsoever nature suffered by you arising out of or in connection with any breach of this Agreement by You or any act, misrepresentation, error or omission made by you or on your behalf.
Websites and Stores will not be liable for any indirect loss, consequential loss, loss of profit, revenue, data or goodwill howsoever arising suffered by You or for any wasted management time or failure to make anticipated savings or liability You incur to any third party arising in any way in connection with this Agreement or otherwise whether or not such loss has been discussed by the parties pre-contract or for any account for profit, costs or expenses arising from such damage or loss.
No matter how many claims are made and whatever the basis of such claims, Websites and Stores’ maximum aggregate liability to you under or in connection with this Agreement shall not exceed a sum equal to the fees paid by you.
Websites and Stores shall not be liable for any interruptions to the Services or outages arising directly or indirectly from:-
- interruptions to the flow of data to or from the internet;
- changes, updates or repairs to the network or software which it uses as a platform to provide the Services;
- the effects of the failure or interruption of Services provided by third parties;
- factors outside of Websites and Stores’ reasonable control;
- Your actions or omissions (including, without limitation, breach of Your obligations set out in the Agreement) or those of any third parties;
- problems with Your equipment and/or third party equipment;
- Interruptions to the Services requested by you.