Web Designs Australia Terms of Service

Terms and Conditions 

In order to become a client of Web Designs Australia, or a user of any and all Web Designs Australia services including web design services, domain name registration, website hosting,graphic design and O-Z business solutions, you must agree to the following terms and conditions.

Cancellation & Refunds

1. All deposits and fees paid are non-refundable after the design brief is returned to Web Designs Australia or after 30 days has elapsed since the date of deposit paid. Refunds will be less an $80+GST admin fee.
2. Once the design brief is submitted to Web Designs Australia, all design fees are payable in due course. No cancellations will be accepted and no refunds will be given. All design services ordered must be paid for in full unless cancelled before submitting the design brief.
3. The usability, functionality and/or limitations of O-Z business solutions content management systems is no reason for not paying the balance of your website. If you require a particular functionality Web Designs Australia provides demos of both CMS programs that you can trial prior to signing the terms and conditions.
4. Fees charged on a prepay basis are non-refundable. 
5. Please contact our admin team for a cancellation form, this is required before we cancel the account.
6. If a client contravenes the Web Designs Australia terms and conditions, the service will be terminated immediately with no refund.

General

1. Web Designs Australia reserves the right to refuse service and/or access to its products and servers to anyone.
2. Web Designs Australia reserves the right to suspend or cancel a customer's access to any or all services provided by Web Designs Australia when Web Designs Australia decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
3. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Web Designs Australia services to other parties. 
4. Web Designs Australia does not allow any of the following content to be stored on its servers:
   a. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
   b. Scripts - Any Script that creates a load on the server will be removed. 
   c. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes "adult material" is entirely at the discretion of Web Designs Australia.
   d. Warez, including pirated software, ROMS, emulators, phreaking, hacking,password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to"information about such material.

Website Design & Support

1. The client will receive a design concept after completing our client questionnaire, which can undergo a reasonable number of changes until the design is to the client's satisfaction, approx 2-3 is normal.
   
2. The client is responsible for providing Web Designs Australia with all content including, but not exclusive to, all written information and images* via the Web Designs Australia content form and images form. 
3. If a logo has been purchased, this will need to be signed off before the website design is commenced.
4. Web Designs Australia has a business hours help desk available by phone or email 9am-5pm AEST.
   
5. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. Web Designs Australia will monitor your usage and if Web Designs Australia anticipates that your website may require more bandwidth/disk space your allocation will be increased after consultation. 
   

*Excluding images designed or purchased from Web Designs Australia (e.g. Hire of Web Designs Australia's photographer, having a logo designed by Web Designs Australia, or purchasing stock photos/ images through Web Designs Australia). 

Domain Registration

Web Designs Australia does not guarantee the requested domain names are available or are able to be registered. 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. Taxes Web Designs Australia shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the client using Web Designs Australia server. The client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the client. 

Disclaimer

1. Web Designs Australia and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Web Designs Australia is aware of the risk of such damages, that result in any way from the client's use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software. 
2. Web Designs Australia makes no warranties or representations of any kind, whether expressed or implied for the service it is providing.Web Designs Australia also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the client. 
3. Use of any information obtained by way of Web Designs Australia is at the client's own risk, and Web Designs Australia specifically denies any responsibility for the accuracy or quality of information obtained through its services.  
4. Web Designs Australia expressly limits its damages to the client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Web Designs Australia specifically denies any responsibilities for any damages arising as a consequence of such unavailability. 

Trademarks & Copyrights

The client warrants that it has the right to use the applicable trademarks, if any.  Hardware, Equipment & Software The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Web Designs Australia websites. Web Designs Australia makes no representations, warranties or assurances that the client's equipment will be compatible with the Web Designs Australia service.

Limited Liability

1. The Customer expressly agrees that use of Web Designs Australia websites and services is at the client's sole risk. Neither Web Designs Australia, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Web Designs Australia service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Web Designs Australia servers, unless otherwise expressly stated in this Agreement. 
2. Under no circumstances, including negligence, shall Web Designs Australia, its officers, agents or anyone else involved in creating, producing or distributing Web Designs Australia services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Web Designs Australia website services; 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 unauthorised access to Web Designs Australia's records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Web Designs Australia's servers. 
3. Not withstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the client paid during the term of this Agreement and any reasonable attorney's fee and court costs. 

Lawful Purpose

The client may only use Web Designs Australia servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials. 

Indemnification

The Customer agrees that it shall defend, indemnify, save and hold Web Designs Australia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Web Designs Australia, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the client, its agents, employees or assigns. The client agrees to defend, indemnify and hold harmless Web Designs Australia against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with Web Designs Australia's server; (ii) any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which the Customer sold on the Web Designs Australia Server. 

Governing Laws

This agreement shall be governed in all respects by the laws of Queensland Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland Australia.

Severability

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

Contract Revisions

Revisions to this contract will be applicable to previous contracts. Revisions will be considered agreed to by the client on renewal of Web Designs Australia, services as specified in Section I. Financial Arrangements. 

Transfer

The Customer may not transfer this agreement without the written consent of Web Designs Australia. 

This Agreement constitutes the entire understanding of the parties.
Any changes or modifications to this contract there to are agreed to by both parties upon renewal of services.