Terms and Conditions of Service
These terms and conditions form the basis of your contract with W & N TAYLOR/ WEBSITES VICTORIA so please read them carefully.
Who this affects
If you order or request any services from W & N TAYLOR/ WEBSITES VICTORIA or any of its brands you are bound by these terms and conditions.
How to agree to these terms and conditons by the customer
By ordering or requesting any of W & N TAYLOR/ WEBSITES VICTORIA products or services you agree to these terms and conditions.
If you do not agree to these Terms
Then please don't submit an order or request for any of our services.
Why we need terms and conditions
W & N TAYLOR/ WEBSITES VICTORIA provides services to many customers. We have a responsibility to protect our services from the adverse effects of other peoples activites. We also have a responsibility to ensure that our customers web sites and email services are available for them to use. This means that we need to limit customers activities to those which are compatible with running a reliable and safe service.
The following terms and conditions were designed to ensure these obligations are met.
Arbitration
W & N TAYLOR/ WEBSITES VICTORIA will be the sole arbiter as to what constitutes a violation of the provisions described in this document.
Website hosting/email
We specifically exclude any warranty as to the accuracy, content or quality of information received by any person via the Server and in no event will we be liable for any loss, damage or persons interpretation to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server.
Service availability
We shall not, in any event, be liable for Service interruptions or down time of the Server.
Length of contract
If you pay your web hosting account monthly then your contract runs for one month and is renewed for another month when you make your next months payments. If you pay annually then your contract runs for 12 month from the date you first ordered. The year or month runs and ends from the time you ordered (e.g. if you order annual hosting at 2pm on the 1st of January it will expire at 2pm on 1st of January the following year). Details of how to cancel the contract can be found below.
Refunds
Cancellation Refunds: We DO NOT refund partial monthly or annual hosting fees for accounts cancelled from the date of activation. For example, if you cancel an annual account after 6 months you will not get a refund of 6 months hosting fees.
Account Cancellations
By ordering services from us you agree to abide by these cancellation procedures
Site owner requesting the cancellation.
Before we cancel an account we need to make sure it really is the site owner requesting the cancellation.
To cancel an account please
Contact accounts via websitesvictoria.com.au
Accounts will be closed the same day, we do not schedule closures for the end of the current months hosting. Accounts are only be considered cancelled once we have conformed by e-mail that we have cancelled it for you. If you have not received conformation from us it means your account is still open and you will be billed for all services provided until we have given such confirmation.
W & N TAYLOR/Websites Victoria will not be held liable for the non arrival of your request to cancel an account. It is your responsibility to ensure that you have received confirmation of the account closure from us.
When an account is cancelled, all of its files are deleted and are not recoverable.
Overdue Account Cancellation
If a payment is not received by the end of the due date, for an account of any of W & N Taylor/ Websites Victoria's services the account will be suspended. If no payment is received seven days after the due date the account will be cancelled and all data, Information and emails will be deleted and unable to be retrieved
Domain name registration
Where a domain name has been registered as part of the service provided by W & N Taylor/Websites Victoria the customer is bound by additional terms and conditions which were displayed during the registration process. Some of these are enforced by the different domain name registries and you should be aware that you may have a contract with them as well as with us. We register all domains with the customer as registrant. W & N TAYLOR/ Websites Victoria may be listed as technical, admin (and sometimes billing) contact for some domain names but normally we enter the customers details into all of these fields as well. Domain name registration fees are not refundable because the registries will not refund us. It is the customers responsibility to ensure that all names are spelled correctly prior to ordering domain names.
Domain delegation
When requested W & N Taylor/ Website Victoria will update name servers.
If hosting accounts change or are cancelled it is the customers responsibility to ensure that name servers are updated.
Change of domain names
Domain names cannot be changed once they are registered. This is because the domain registries will not refund us once a domain name is registered.
We can change the domain name associated with your hosting account but you will need to register the new domain name first. Changing the domain name may require your account to be deleted and it may cause disruption to your web site. The old domain name will stop working. We reserve the right not to allow domain changes.
Refusal of Service
W&N TAYLOR/Websites Victoria reserves the right to refuse, cancel, or suspend services at our sole discretion.
Web Design
1. It is the customers responsibility to ensure that any web site is lawful, does not infringe any copyright or any other laws. It is also the customers responsibility to carry out any market research as to the viability and profitability of any project before accepting any quote.
2. We reserve the right to refuse to construct a web site that we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to Australian and International laws.
3. The acceptance of a commission quote either verbally or in writing shall be deemed as a contractual agreement between the client and W & N Taylor/ Websites Victoria.
4. At project acceptance W & N Taylor/ Websites Victoria can provide an estimated completion date, however we cannot guarantee this date as a final completion date.
5. A deposit of no less than 30% of the total quoted price must be provided before project commencement.
6. Once a work has commenced it will be completed using the information, data, text and images provided at project commencement or during the design phase. Once the design process has been completed the project will be presented to the client who may make any changes to design and content he wishes.
7. W & N Taylor/ Websites Victoria reserve the right to alter our prices at any time without prior notice. If a quote at an original price has been made it will be valid for 28 days and subsequently during the life of the current work, however additional work may be charged for using the new pricing structure.
8. A clients site will be hosted once approval of the design and content is given however we reserve the right to suspend the hosting at any time until the invoice is paid in full.
9. When a quote has been accepted and a developed project approved by the client the invoice must be paid within 7 days regardless of the amount of content that the client still has to provide to W & N Taylor/ Websites Victoria.
10. Content or features listed in the original quote but not provided during the development phase by the client will be added at any time in the future, however invoices must be paid in full including sections which the client still has to provide content for.
11. All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
12. The copyright for all material provided by W & N Taylor/ Websites Victoria, such as source code, graphics, photographs video, animation and text, will remain the property of W & N Taylor/ Websites Victoria until such time as payment has been made in full whereupon they will become the property of the client.
You do not have rights to reuse the images in their modified or present forms anywhere else.
13. W & N Taylor/ Websites Victoria produce projects where every effort is made to display the pages acceptably on the latest versions of popular browsers currently available, however we cannot accept responsibility for pages which don't display properly on versions of browsers released after the project is completed.
14. The client is ultimately responsible for checking the correctness of the site before they give W & N Taylor/ Websites Victoria the go ahead to make the site publicly available.
15. When a client agrees that a site can be made publicly available they are agreeing that the design and development of the site has satisfied all their requirements.
16 Once the site is publicly available it is the clients responsibility for checking the correctness of the site. W & N Taylor/ Websites Victoria will not be held responsible for any content that appears on the clients site.
Exclusion and limitation of liability
1. TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
1 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.
2 In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Changes to these terms and conditions
W&N TAYLOR reserves the right to change or amend these Terms of Service at any time without prior notice.