Legal
Privacy Policy
Webhoster respects the Guidelines suggested by the Australian Direct Marketing Association, in its Code of Practice for Consumer Protection in e-commerce.
We also abide by the World Wide Web Consortium (W3C) Platform for Privacy Preferences Project (P3P). This policy is emerging as an industry standard providing a simple, automated way for users to gain more control over the use of personal information on web sites they visit.
In line with those guidelines, Webhoster would like you to be aware of the information we collect to provide your service. We do not provide third parties with access to your personal data, with the obvious exception of third party business partners such as domain name registries.
When a domain name is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows Internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world. Please see auDA’s WHOIS policy at Who Is which sets out auDA’s guidelines on the collection, disclosure and use of WHOIS data.
We understand that completing transactions Online and providing personal information involves a great deal of trust on your part; we take this trust very seriously. This Privacy Policy describes the ways in which Webhoster Pty Ltd (ABN 97 152 799 918),will collect, use, disclose and keep secure the data you provide to us via telephone, email, mail or through our website
What Information We Collect
When you complete an Online registration form through our website or register an account with us by email, mail or over the telephone, we ask you to provide personally identifiable billing information. You may be asked to fill out and submit an application form, or provide this information over the telephone. This information includes your name, telephone number, email address or facsimile number, and your credit card number, expiration date, card security code, and billing address.
We may also collect information about how you use our services as this assists us with billing and helps us to develop our services to meet your needs.
How We Use Your Information
We use your information to:
- – Provide our services to you, including processing your order or application;
- – Administer and manage those services, including charging, billing, credit checking and debt collecting;
- – Deal with your inquiries, complaints or requests;
- – Notify you of your identification and log-on information to enable you to access and use our services;
- – Notify you of information relating to our services including price or service variations, or the suspension or disconnection of access to our services;
- – Send you our newsletter, other marketing information and to market our services generally; and
- – For internal research, planning, accounting, security and testing purposes.
The information is only used by Webhoster staff located in Australia, India or USA Offices for the sole purpose of providing our business services.
Disclosure of Your Information
We may also disclose any of your information:
- – If required to do so by law;
- – To our service providers for any purpose relating to providing our services to you, such as credit card processing, on the basis that they do not use or disclose your information for any other purpose, unless required to do so by law;
- – To our contractors, whose privacy policies are similar to ours, if necessary to provide our services to you;
- – If necessary to enforce a contract with you, or resolve a dispute with or complaint from you; or
- – To a purchaser of our business who has a privacy policy similar to this one, should we sell our business.
Security of Your Personal Information
We have processes in place to ensure the security of your personal information, including encryption of all data when transferred to our service providers and limitations on access to personal information within our organisation.
Cookies
Cookies are small pieces of information stored on your computer tied to information about you. We use both session ID (or temporary) cookies, which terminate when you close your browser, and persistent cookies, which are stored on your hard drive. Cookies allow you to login without having to type your login name each time, allowing you to simply provide your password to access the system. Cookies also enable us to track and monitor the use of some features of our website and maintain security. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. If you choose to reject cookies, you may still use our website; however, your access to some areas of our website will be limited.
Accessing Your Information
You can request access to, and update, the personally identifiable information we have collected about you by contacting us in the ways set out at the top of this page.
Privacy Statement Changes
Occasionally we change our privacy policy practices, if we do change our Privacy Policy we will modify this Privacy Policy page and send and email to update Webhoster customers of the Privacy Policy changes, We encourage you to review this Policy periodically to be informed of how we are protecting your information.
Hosting Terms of Service
PAYMENT INFORMATION
You agree to supply appropriate payment for the services received from Webhoster, in advance of the time period during which such services are provided. You agree that until and unless you notify Webhoster of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As of July 1st 2012, all service invoices will be generated on the 1st day of each month. All invoices are due within 7 days.
As a client of Webhoster, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Webhoster provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in a late fee , 14 days overdue will result in services being suspended until account balance has been paid in full, 21 days overdue a termination of service notice is issued and 45 days overdue the account is classed as closed and the data is terminated.
Webhoster reserves the right to suspend any subscription base services such as web hosting, SEO or other marketing etc, for any unpaid invoice for any services offered on an account which is more than 30 days overdue Domain names and SSL certificates are an exception.
Webhoster reserves the right the terminate services due to non payment after 45 days of overdue date.
Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact sales@Webhoster.com.au
Webhoster reserves the right to change the monthly payment amount and any other charges at anytime.
BACKUPS AND LOSS OF DATA
***IMPORTANT*** Your use of the service is at your sole risk. Webhoster is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Webhoster servers. Data, data backup(s) and the integrity of such backup(s) remain the account holders’ responsibility at all times. If backup services are purchased through Webhoster such as Remote back up service, the account holder remains responsible for the integrity of the paid backup plan. It is recomended that teh account holder test the backup service regulalry to ensure the data being backed up is not corrupt and that there is a working backup available when backup restore requests are required. It remains the account holders resposibility to ensure ALL DATA is secure and available. Webhoster will not take resposibility for data loss or corrupt data from any backup services.
CANCELLATIONS AND REFUNDS
Webhoster reserves the right to cancel the account at any time with or without notice.
Refunds can take up to 150 days, this is due to the fraud screening process.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Cancellations must be via the client area cancellation of service options (more information on how to cancel a service below).
Once we receive your cancellation request and have confirmed all necessary information with you, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via email.
We require that cancellations of service are done through the client area to;
Confirm your identity
Confirm in writing you are prepared for all files/emails to be removed
Documentation of the cancellation request
This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
To proceed with a cancellation of a service, log into your client area
Go to Services >> My Services
On the right hand side of your service /s there is a “View Details” button, click on this button.
Now you will see Management Actions tab, click on the Management Actions tab and you will see the Request Cancellation.
Please note*
Service cancellation requests must be processed at least 7 days prior to the next billing date to prevent future invoices being generated. No refunds are available for services unused prior to cancellation request. If no cancellation request has been made, all services are classed as active and payment is required, regardless of services suspension period due to non payments.
Cancellation of an account does not dismiss outstanding invoices or nullify previously agreed charges, such as payments for cPanel licenses, Backups services and other services fees, charged in installments or annual contract charges, portions of which may not yet have been invoiced when you cancelled. At the time of cancellation, any outstanding balance must be settled. All cancelled accounts with an outstanding balance may be turned over to a third-party collection service.
You should also check that all PayPal subscription payments that may be in place for this service are cancelled.
Webhoster gives you an unconditional 30 day money back guarantee on managed shared hosting, and re-seller solutions for any customer who paid the first invoice with a credit card or with PayPal.
The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:
Bank Wire Transfers
Western Union Payments
Checks
Money orders
Credit Cards
There are no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Only first-time accounts are eligible for a refund within the first 30 day period. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
***Violations of the Terms of Service will waive the refund policy.***
RESOURCE USAGE
User may not:
Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application,tracker,or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
Run cron entries with intervals of less than 10 minutes.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over-usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.
Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
BANDWIDTH USAGE
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
MONEY BACK GUARANTEES
On dedicated servers no full refund will be honored — the 15 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.
Each of Webhoster’s managed shared and reseller servers carry a 15 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 15 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Customers also need to provide a cancellation request with a valid reason for the refund.
Shared (non-reseller accounts) / Semi-dedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.
DEDICATED SERVERS
Webhoster reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our data center. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Webhoster reserves the right to audit servers as needed and to perform administrative actions at the request of our data-center. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact us via Support Ticket if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.
Webhoster reserves the rights to request proof of ID and phone contact details.
PRICE CHANGE
The amount you pay for hosting will never increase from the date of purchase to the renewal date. We do reserve the right to change prices listed on webhoster.com.au, and the right to increase the amount of resources given to plans at any time.
IDENIFICATION
Customer agrees that it shall defend, indemnify, save and hold Webhoster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Webhoster, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Webhoster against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Webhoster; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Webhoster’s server.
ARBITRATION
By using any Webhoster services, you agree to submit to binding arbitration. If any disputes or claims arise against Webhoster or its subsidiaries, such disputes will be handled by an arbitrator of Webhoster’s choice. An arbitrator from The Institute of Arbitrators & Mediators of Australia. (IAMA). All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
DISCLAIMER
Webhoster shall not be responsible for any damages your business may suffer. Webhoster makes no warranties of any kind, expressed or implied for services we provide. Webhoster disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Webhoster and its employees.
Webhoster will not be responsible for any damages your business may suffer to the extent permissible by law. We make no warranties of any kind, express, implied, statutory or otherwise for any Service we provide.
Under no circumstances, shall Webhoster, its officers, agents or anyone else involved in creating, producing or distributing the service be liable for any direct, indirect, incidental, special or consequential damages that result from the use or the inability to use the Service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to our records, programs or services.
DISCLOSER TO LAW ENFORCEMENT
Webhoster may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
CHANGES TO THE TOS
Webhoster reserves the right to revise its policies at any time without notice.
***Violations of the Terms of Service will waive the refund policy.***
Service Level Agreement (SLA)
If you have any question please contact us here
Network Service Level Agreement (SLA)
1. TICKET RESPONSE TIME SLA
1.1 Webhoster’s customers are covered by our sixty minute initial ticket response time guarantee. This means that when you log a ticket via our online portal, we will respond to your issue within 60 minutes, guaranteed. This applies to all services and is available 24 hours per day 365 days per year. If we fail to respond within 60 minutes you will be credited back for the amount of time x 10, over the 60 minutes that we did not respond. This means if we take 2 hours to respond to a ticket, you will be eligible to apply for a credit of your hosting cost for that 1 hour x 10, which equates to 10 hours of rebate. Please see the “How to claim an SLA”.
2. HARDWARE REPLACEMENT SLA
2.1 Webhoster guarantees that in the event of a dedicated server hardware failure, the faulty hardware will be replaced within 60 Minutes of identifying the problem. In the event that this guarantee is not met, you will eligible for a credit for 10 x the actual amount of additional downtime (Credits are limited to a maximum of one month credit).
2.2 This guarantee does not include the time it takes to perform additional software related maintenance, this includes but not limited to:
(a) Rebuilding web accounts from backups
(b) Cloning hard drives
(c) Reloading the operating system
(d) Reloading and configuring applications
(e) Rebuilding RAID arrays
3. NETWORK UPTIME SLA
3.1 Webhoster guarantees that our network uptime will be 100%. This guarantee assures that all major routing devices within our network are reachable from the global internet 100% of the time.
4. NETWORK SLA EXCLUSIONS
4.1 Many possible situations are completely beyond the control of Webhoster, and therefore are not in the scope of this SLA. These situations include:
(a) Scheduled Maintenance
Webhoster requires from time to time the ability to perform maintenance on the network. Webhoster will provide notification via email to the technical and administrative contact listed in the Webhoster client portal.
(b) Hardware Maintenance
On rare occasions, the hardware in your Dedicated Server may need maintenance or replacement. Webhoster will do everything possible to minimize any downtime in these situations per our hardware replacement SLA. Any downtime incurred as a result of this maintenance will not be counted towards our network SLA.
(c) Software Maintenance
An important part of managing a dedicated server is keeping the software up to date. If you choose to have Webhoster manage your server, occasional software updates will be required to address security or performance issues. Usually you will experience little or no downtime in these situations, but we cannot guarantee a specific amount of time in all situations.
(d) Malicious Attacks
If a third party not associated with Webhoster initiates a “Denial of Service” or other form of disabling attack against your hosting or major portions of the Webhoster core network, Webhoster will do everything in its power to stop the attack, but cannot guarantee a resolution time.
(e) Legal Actions
In the case that a legal action is taken against a customer of Webhoster and Webhoster is required to act in accordance with the order, Webhoster shall not be responsible for any SLA damages.
(f) cPanel Issues
If you choose to run cPanel and Web Host Manager on your Dedicated Server, the default install will be configured for automatic updates of you cPanel related software. On occasion, one of these automatic updates could adversely affect all or part of the cPanel related software on your server. Webhoster will do whatever is necessary to fix any cPanel related problems, but cannot guarantee a resolution time
5. NETWORK SLA REMEDY
5.1 In the event that Webhoster does not meet this SLA, ALL Hosting clients will become eligible to request compensation for any downtime. If Webhoster is or is not directly responsible for causing the downtime, the customer will receive a credit for 10 times (1,000%) the actual amount of downtime. This means that if your server is unreachable for 1 hour (beyond the 0.0% allowed), you will receive 10 hours of credit (Credits are limited to a maximum of one month credit).
6. HOW TO REPORT A PROBLEM
6.1 Webhoster technicians are available 24 hours a day. There are a number of ways to reach us, including phone support (during office hours- emergency call back available after hours), online help desk, 24×7 live chat feature, and e-mail
7. HOW TO CLAIM AN SLA
7.1 All requests for compensation must be received within 5 business days of the incident in question. The amount of compensation may not exceed the customer’s monthly recurring charge. This SLA does not apply for any month that the customer has been in breach of Webhoster Terms of Service or if the account is in default of payment
Acceptable Use Policy
PROHIBITED CONTENT AND ACTIVITIES
The following statements pertain to all products and services offered by Webhoster
Illegal Activity
Customer may only use Webhoster Web Hosting’s Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information (to which the customer does not hold the copyright or an appropriate license) on Webhoster Web Hosting’s Server. Also, using Webhoster’s servers or network to conspire to commit or support the commission of illegal activities is forbidden as well.
Hacking
Websites dedicated to the discussion of hacking activities or the distribution of hacking tools are prohibited. Also, the usage of Webhoster’s computer systems or network to access any system, service, or network without the owner’s consent is expressly forbidden.
Service Interruptions
Any activity which causes service interruptions to either Webhoster’s network/servers or any outside network. This includes, but is not limited to, the execution of Denial of Service attacks or other maliciously configured software.
Anonymous Proxies
Anonymous proxies are easily abused and often cause a negative impact on both the servers and the network they are connected to. As such, they’re prohibited on Webhoster’s network and servers.
Spamming
Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Webhoster Web Hosting’s Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Webhoster. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
Blacklisting
You agree that if the Webhoster IP Addresses assigned to your account are listed on an abuse database or blacklist like Spamhaus, you will be in violation of this Acceptable Use Policy (AUP), and Webhoster may take reasonable action to protect its IP Addresses, including suspension and/or termination of your service, regardless of whether the IP numbers were listed as a result of your actions.
Investment sites
FOREX, egold exchange, etc. These types of websites are not allowed on Webhoster’s servers. If Sites like these are found, immediate termination of data will occure, accunt will be closed and no refunds will be available.
Spoofing/Impersonation
Usage of the Webhoster network to impersonate another person or entity, be it through Email, Internet Forums, or any other means, is strictly prohibited. This includes spoofing email or network packet headers whether or not it is done for malicious purposes.
Spamdexing
Customer agrees to not engage in activities pertaining to Black Hat SEO, Spamdexing, and so-called “Scraper sites.” These can all have a severely detrimental effect on server performance and are not permitted.
Any conduct that is likely to result in retaliation against Webhoster’s network or website, or Webhoster’s employees, officers or other agents, including engaging in behavior that results in any server being the target of a denial of service attack (DoS).
Personal Data Storage or Backups
The customer agrees to make use of Webhoster Web Hosting servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose.
Webhoster Web Hosting services are not intended to be used for Personal data backup or archiving purposes. For example, you are not allowed to import or store personal Phone or PC backups or mail archives. Forwarding all emails from another fully-hosted email address for archival purposes is no longer allowed. Further, mail accounts cannot be used for file storage, such as for security cameras, storage of emails used to transfer files, etc.
NOTE: We reserve the right to delete your mail archives if they get out of hand!
We also reserve the right to negotiate additional charges with the Customer and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, you will be billed at the rate of $0.20 per additional 1GB.
Web Hosting Addendum
The following statements pertain exclusively to web hosting products and services offered by Webhoster.
PROHIBITED CONTENT AND ACTIVITIES
Adult Thumbnail Galleries/Banner Exchanges
You agree not to run a banner exchange, free adult tgp (thumbnail gallery post), or free adult image galleries on your website.
Abusive Scripts/Processes
Any script/process/etc that adversely affects the ability of any other customer to satisfactorily use their provided services is forbidden. This includes, but is not limited to, CPU-intensive CGI/PHP scripts and websites for which the scale of traffic has exceeded the acceptable limits of a shared hosting environment.
IRC Bots/Bouncers
All IRC bots and “bouncers” (bnc, etc) are forbidden.
BitTorrent software
While we recognize the value in the BitTorrent protocol as a distribution method, it is far too easily (and often accidentally) abused/misused and therefore not allowed on Webhoster Shared Hosting services.
Proxy Software
All proxy software, anonymous or otherwise, is forbidden on Webhoster Shared Hosting services.
Network Daemons
Any process that opens a network socket to accept connections from external networks is forbidden. Processes are allowed to bind to the local host only, but are held to the limitations placed on all other processes. They must not use up more than their fair share of resources and they must not interfere with any other customers’ activities.
Development Terms & Conditions
STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Webhoster or Webhoster Development Partner company for Webhoster clients.
Our Fees and Deposits
A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed
to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50%
deposit is only refundable if we have not began the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of
ours.
Supply of Materials
You 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. 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.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
Variations
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you
make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will
be charged at the rate of $100.00 per hour.
Project Delays and Client Liability
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required
in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
Approval of Work
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing 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. Once approved, or deemed approved, work cannot subsequently be rejected and the contract
will be deemed to have been completed and the 50% balance of the project price will become due.
Rejected Work
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have
been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
Payment
Upon completion of the 7-day review period, we will invoice you for the balance of the project prior to launching the website live.
Warranty by You as to Ownership of Intellectual Property Rights
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include
in your website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Licensing
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
Search Engines
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
Consequential Loss
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
Disclaimer
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 Webhoster ® 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.
Subcontracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
Non-Disclosure
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
Additional Expenses
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration,
web hosting or comparable expenses.
Backups
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of
a negligent act or omission by us.
Ownership of Domain names and Web hosting
We will supply to your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
Governing Law
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Australia. You and Webhoster ® submit to the non-exclusive jurisdiction of the
courts in Australia in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
Cross Browser Compatibility
By using current versions of well supported content management systems such as “Joomla”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent
versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative
extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
Changes to the TOS
Webhoster reserves the right to revise its policies at any time without notice.
***Violations of the Terms of Service will waive the refund policy.***
E-Commerce
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 Webhoster ® and its subcontractors from
any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
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