These are the Standard Terms And Conditions of supply of the Perfect Web Site Designs services offered on the Perfect Web Site Designs website at www.perfectwebsitedesigns.com on the web. ("the Service").
These terms apply to you as a user of the Service ("client" or "you").
Please read these terms and conditions carefully. It is a condition of your use of the Service that you comply with these terms and conditions. |
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Terms And Amendment Procedure
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| 1.1 |
These are the terms upon which we agree to provide the Service to the Client. The agreement made between us with these terms commences on the date listed on the accepted and signed Design Proposal Form as the date your order for Services was accepted by Perfect Web Site Designs. |
| 1.2 |
Please look out for any amendments to these Terms and Conditions that Perfect Web Site Designs ("we") might make in the future. |
| 1.3 |
We may vary these terms, the amount we charge for any Service, or the terms of the operation of the Service, at any time by general notice on a page of the Internet referred to on the home page of our website at www.perfectwebsitedesigns.com. The changes will become effective upon publication of the notice. Where we vary the prices for Services, we will give at least 14 days notice of the change by the same means, and the new prices will apply at the end of that period. |
| 1.4 |
If you use the Service after that publication, your use will constitute an acceptance of the amended terms. |
| 1.5 |
These terms constitute the agreement in its entirety and supersede prior agreements. |
| 1.6 |
We may from time to time run promotions and make special offers of limited time duration ("Promotions"). All Promotions are offered subject to their terms and may be withdrawn or altered at Perfect Web Site Design's discretion. The terms of a promotion will override these terms to the extent of any inconsistency. |
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Service
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| 2.1 |
Scheduled Maintenance - We must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be off-line for more than 30 minutes we will post details of the scheduled maintenance to the News Section at least 48 hours in advance of the maintenance. |
| 2.2 |
Unscheduled maintenance may need to be performed. If unscheduled maintenance requires the service to be off-line for more than 30 minutes, we will post details of the event to the News section after the maintenance has been completed. |
| 2.3 |
In contracting with Perfect Web Site Designs for the Services, the Client obtains no rights to the hardware and other infrastructure and facilities used by Perfect Web Site Designs to deliver the Service. |
| 2.4 |
In the absence of any additional written agreement, these terms (as varied from time to time) will apply to any further Services you acquire from Perfect Web Site Designs. |
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Payment
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| 3.1 |
You must pay for the Service as notified to you by Perfect Web Site Designs in accordance with the prices in force for Services from time to time. |
| 3.2 |
You must pay all Service time charges, minimum charges and other amounts incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not) in accordance with the billing option selected and in advance. |
| 3.3 |
Prices published on our website are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities. |
| 3.4 |
In addition you must provide and pay for the installation and use of telephone lines and all other equipment needed to access the Service and all government taxes, duties and levies (if any) imposed on either you or us in respect of the Services or any other service or goods supplied. |
| 3.5 |
You must pay all amounts billed in accordance with your billing option. No credit terms are given. Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges. Billing period is on a monthly cycle beginning from when you register. |
| 3.6 |
You consent to us obtaining a credit reporting agency containing personal information (as well as information concerning commercial credit worthiness and activities) for the purpose of assessment by us of an application for credit (whether commercial or personal) or for the purpose of the collection of payments which are overdue. |
| 3.7 |
Web Hosting charges use the auto-debit billing. |
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Warranties And Liabilities
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| 4.1 |
We do not warrant that:
- the services provided under this agreement will be uninterrupted or error free;
- the services will meet your requirements, other than as expressly set out in this agreement or
- the Services will be free from external intruders (hackers) or other persons having unauthorised access to the services or systems of WebCentral.
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| 4.2 |
Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded. Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, our liability for any breach of the term will, if permitted by that statute, be limited, at our option, to the resupply of the services again; or payment of the cost of having the services supplied again. |
| 4.3 |
Except under clause 4.2, Perfect Web Site Designs will not be liable to the Client for:
- any loss or damage in respect of the provision of the Services,
- any costs, claims, loss or damage of any kind resulting from the fraudulent, negligent or otherwise unlawful behaviour of the Client,
- any costs, claims loss or damage arising from any information, data or other material provided to rfect Web Site Designs by or on behalf of the Customer.
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| 4.4 |
You warrant that
- at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced;
- you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the Server does not contain any computer virus and will not, in any way, corrupt the data or systems of any person;
- you will keep secure any passwords used to upload data to the Server and d.you hold and will continue to hold the copyright in the Client Data or that you are licensed and will continue to be licensed to use the Client Data.
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| 4.5 |
You accept responsibility for all information and material you issue over any Service, and indemnify us and hold us harmless against any liability in relation thereto. In particular you undertake that you shall not publish or issue any information which is illegal or defamatory. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability. To the full extent permitted by law you access and use such information and material at your own risk. |
| 4.6 |
You agree to abide by our Acceptable Use and Privacy policies which are located at URL www.perfectwebsitedesigns.com/terms_conditions.php and you agree that the terms of those two policies form part of this agreement between you and Perfect Web Site Designs. |
| 4.7 |
You are solely responsible for dealing with persons who access the Client Data, and must not refer complaints or inquiries in relation to such data to us. |
| 4.8 |
Except as provided in clause 4.2. we are not liable to you or any other person for:
- any cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the Service;
- the content, context or confidentiality of any communications made using the Service;
- loss or damage caused by third party software applications forming part of the Service.
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| 4.9 |
You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from
- your breach of these terms,
- your use or misuse of the Service and
- the use or misuse of the Service by any person using your account,
- publication of defamatory, offensive or otherwise unlawful material on any website forming part of your Service.
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Suspension And Termination Of Service
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| 5.1 |
We may from time to time without notice suspend the Service or disconnect or deny your access to the Service:-
- During any technical failure, modification or maintenance involved in the Service provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable.
- If the Customer fails to comply with any agreement (including failure to pay charges due) until the breach (if capable of remedy) is remedied, or does, or allows to be done, anything which in our opinion may have the affect of jeopardising the operation of the Service. Notwithstanding any suspension of any Service under this clause you shall remain liable for all charges due throughout the period of suspension.
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| 5.2 |
Perfect Web Site Designs may without notice to you remove, amend or alter your data upon being made aware of:
- Any claim or allegation.
- Any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
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| 5.3 |
We may end our agreement with you and cease providing Services for any reason, on 30 days notice to you. You may close your account with Perfect Web Site Designs on 30 days notice to Perfect Web Site Designs. |
| 5.4 |
If your account is closed you must pay all outstanding charges immediately and we may delete all Client Data from any storage media. |
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Domain Names
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| 6.1 |
If you have requested that Perfect Web Site Designs registers a .com, .net, .org, .biz or .info domain name on your behalf, you agree that you have read and accept the TLD (Top Level Domains) Policy applicable to .com, .net, .org, .biz and .info domain names issued by the registrar Melbourne IT Limited located at URL: http://www.inww.com/policies/gtldtermcond.php3 http://www.inww.com/policies/comaupolicy.php3 You agree that you are aware of the consents, warranties and indemnity you are required to give to register, maintain, transfer and renew your domain name. |
| 6.2 |
If you have requested that Perfect Web Site Designs register a .com.au domain name on your behalf, you agree that you have read and accept the Domain Name Allocation Policy applicable to .com.au domain names issued by the registrar Melbourne IT Limited, located at URL http://www.inww.com/policies/comaupolicy.php3. |
| 6.3 |
You agree that in the event of a dispute in registering a domain name or about a domain name after registration, Melbourne IT's Dispute Policy and the Dispute Policy procedures, and any variations to them from time to time bind to Perfect Web Site Designs. You agree that by maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective, constitutes your continued acceptance of these changes and modifications. You agree that in the event of a dispute you will submit to the jurisdiction of the courts as provided in the Dispute Policy. The Dispute Policy can be viewed at https://direct.inww.com/dispute.sthml. The Dispute Policy procedure can be viewed at https://direct.inww.com/udrp-rules.shtml. |
| 6.4 |
You agree that you must pay for any registration or delegation charges imposed by Melbourne IT or any other domain name authorities in advance. You understand that you cannot register a domain name without paying for it in advance. |
| 6.5 |
Perfect Web Site Designs makes no representation and gives no warranty about your chosen domain name being available for registration or use by you. |
| 6.6 |
You expressly authorise and direct Perfect Web Site Designs to:
- Be nominated as authorised billing contact for your domain name with the domain name registrar.
- Renew your domain name registration upon receipt of renewal notification from the domain name registrar, and invoice you for the relevant charge in accordance with Perfect Web Site Designs' list price from time to time.
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| 6.7 |
You indemnify Perfect Web Site Designs against all claims arising out of your registration and use and renewal of registration of your chosen domain name. |
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Miscellaneous
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| 7.1 |
The client grants to Perfect Web Site Designs a license to use and reproduce all Client Data in order to fulfill its obligations under this agreement. In this agreement "Client Data" means all information, data, text, logos, images, audio, movie clips and/or content in any form that forms part of the Client's web sites or emails. |
| 7.2 |
A provision of, or a right created under this agreement, may not be waived except in writing signed by the party granting the waiver, or varied except in writing signed by the parties. |
| 7.3 |
The law in force in Queensland governs this agreement and the transactions contemplated by this agreement. |
| 7.4 |
You may not resell Services or assign your rights and obligations under this agreement without our prior written consent. |
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