Terms Of Service
agreed term means the period of time that Australia Business Online will maintain a Website for the customer as set out in clause 5 of this Agreement or the renewal notice, as the case may be.
agreed rate is the amount specified in clause 4 of this Agreement or the renewal notice, as the case may be.
customer (sometimes referred to as the customer or you) means the party with whom Australia Business Online has contracted as set out in Clause 2 of this Agreement and shall include their legal representatives, administrators, successors and/or permitted assignees
commencement date means the date on which the Client completes the Web Site Sign-Off Authority
content includes, but is not limited to, data, text or information, graphics or images, and the arrangement of such material.
expiry date means the last day of the agreed term.
hosting means the place on the web where the customer’s web site resides for public access.
in writing means by letter, facsimile or e-mail to the email address specified in paragraph 9 of these terms and conditions.
Internet refers to the entire worldwide connection of computer networks providing for the transmittal and receival of all electronic data.
Australia Business Online sometimes referred to as we or us includes its servants and agents.
monthly instalment means periodical payment at the rate determined by this Agreement by electronic fund transfer or direct debit to the nominated account, cheque, paypal or cash or credit card payment.
payment date means 30 days from the date printed on an invoice, irrespective on when the Invoice is actually received by the customer.
renewal notice means the notice provided to the customer setting out a further agreed term that is provided to the customer at least eight (8) weeks prior to the expiry date.
service means the creation of a website, including design, layout and artwork as specified Schedule 1 of this Agreement. Service also refers to the storage of data on our server in the form of artwork, text and web pages for the agreed term and includes the hosting of the website as set out in these terms and conditions. Other than as specified in this Agreement, service does not include the insertion, uploading or otherwise transfer of content to the website.
Website means the area on our server allocated by Australia Business Online to you for use as a site on the Internet.
World Wide Web refers to one facet of the Internet usually referring to the transfer of graphical data and text data linking the server to the customer’s computer.
Sign-off authority means the form signed by the customer approving the final artwork, layout, structure and functionality of the website.
Unless otherwise expressly agreed in writing, Australia Business Online shall not provides any goods or services on any other terms and conditions other than those set out herein
Customer obligations and responsibilities
Artwork and graphic material
The customer agrees to provide all artwork or graphic material necessary to Australia Business Online to provide the service
The customer agrees to provide artwork or graphic material in the following formats:
tif, eps, png, jpeg (with a resolution greater than 300dpi)
The customer acknowledges that any failure to provide artwork in agreed formats may delay completion of the customer’s website
The customer acknowledges that where digital copies of the customer logo or colour scheme cannot be provided, Australia Business Online will endeavour to recreate digital copies from hardcopy images for an additional fee.
The customer acknowledges that any recreated digital copies under subparagraph 3(d) will be an approximation and Australia Business Online will not be responsible for any colour variation.
The customer further acknowledges that MAustralia Business Online, at its discretion, may impose an additional fee where artwork or graphic material must be converted to artwork formats set out in subparagraph 3(b). The additional fee will be charged at the rate specified on the Australia Business Online website under Fees and Charges as amended from time to time.
Fees and Charges
The customer is liable for the agreed rate as set in their Terms Of Agreement.
The customer agrees to pay a 50% deposit within 7 days of executing this agreement.
The customer agrees to pay the balance of the agreed rate and any fees and charges by the payment date.
The provision of service, including hosting, is contingent on Australia Business Online having received full payment of all fees and charges owed.
The customer acknowledges that no work will commence of the website until the deposit has cleared
The customer further acknowledges that as a result of a failure to pay the agreed rate and any fees and charges by the Payment date, Australia Business Online, at its discretion, may do any and all of the following until payment is made:
– impose a late payment of 1.5% of the outstanding amount for every thirty days or part thereof;
– cease to provide hosting.
If the Customer opts to pay the account by monthly instalments, the customer agrees to pay monthly service fee of $4 or 4% of the total amount owing divided by twelve (12), whichever is greater.
If a customer pays an account by credit card, the customer agrees to pay a merchant service fee of 3.5% of the transaction amount.
You agree that any contract of sale of goods or services via your website are between you and your customer and that Australia Business Online is not liable for any loss whatsoever arising out of said contract.
The customer agrees to provide all information set out in their Agreement within 7 days from the date this Agreement is executed date.
The customer acknowledges that any failure to provide information in accordance with subparagraph 3(p):
– may result in a delay in completion of the customer’s website.
– authorises Australia Business Online at its discretion to terminate this Agreement in accordance with these Terms and Conditions.
You acknowledge that it is your responsibility to keep secure any password or identification protocol relating your account or website and will notify Australia Business Online of any suspected unauthorised use. Notwithstanding such notification, you agree to release and indemnify us in connection with any use (whether authorised or unauthorised) of your account or password.
Use of your website
You warrant that you will use your website for lawful purposes. In particular you warrant that the information contained in your website complies with applicable laws and is not otherwise objectionable
You further warrant that you will not authorise or permit another person to use the Server to transmit data that is unlawful in any way or otherwise objectionable, or contains a virus or other hostile computer program or infringes any other person legal rights.
You acknowledge that Australia Business Online at its discretion and without notice may remove any material which it deems to be offensive.
Display of website
You acknowledge that your website is designed to be viewed at a native resolution of 1024 x 768 on all current versions of browsers.
Australia Business Online obligations and responsibilities:
Australia Business Online agrees to provide hosting for the agreed term.
Australia Business Online shall endeavour to provide hosting on a continuous and uninterrupted basis. However, the customer acknowledges that access to your website may be limited or unavailable due to server failure or due to server maintenance which occurs from time to time or any other unforseen event.
Australia Business Online does not accept responsibility for failure to maintain continuous, uninterrupted or error-free hosting of the customer website and is not liable for any loss or damage whatsoever suffered by the customer due to the unavailability of the service. In no event will we be liable for any loss of, or damage to, any data, including email transmitted, stored on the Server.
Unless expressly agreed in writing, Australia Business Online is not responsible for maintaining the content of the hosted website, including any electronic filing structures that can be accessed by the customer or making back-up files of any description.
While we endeavour to ensure the security of the Server we do not warrant that:
the server shall be free from unauthorised users
our virus protection services will stop any or all virus from reaching your computer
We will endeavour to ensure that all email is promptly re-routed but will not accept any liability whatsoever for failure to transmit such emails or misrouting.
Australia Business Online agrees to use its best endeavours to:
– provide the web engine that allows the customer to insert, upload or otherwise transmit content to the customer’s website.
– provide the necessary instructions that allow the customer to access the web engine and administration back-end of the customer’s website
provide an on-line help service at our web site containing up to date information regarding the instructions for site maintenance. Updates and enhancements will be provided on an ongoing basis.
We do not warrant or otherwise guarantee any result or position of your website in any internet search engine result and cannot be held responsible for any change in your position in response to a search internet search engine.
Exclusion and limitation of Liability
Subject to subparagraph (b), any condition or warranty which would otherwise be implied in this Agreement is hereby excluded.
Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, the liability of Australia Business Online for any breach of such condition or warranty shall be limited, at the option of Australia Business Online, to:
in relation to goods;
– the replacement of the goods or the supply of equivalent goods;
– the repair of such goods;
– the payment of the cost of replacing the goods or of acquiring equivalent goods; or
– the payment of the cost of having the goods repaired;
in relation to Services:
– the supply of the Services again; or
– the payment of the cost of having the Services supplied again.
Our total aggregate liability for any claim in contract or tort or otherwise arsing out our provision of services shall be limited to fees and charges paid by you in respect of said services.
In no event shall we be liable to you for any loss of business, sales, contracts, profits or anticipated savings or any other indirect or consequential or loss or damages (including consequential loss or damage) whatsoever which may be suffered or incurred or which may arise directly or indirectly in relation to this Agreement or in respect of a failure or omission by Australia Business Online to comply with its obligations under this Agreement.
The customer releases and indemnifies Australia Business Online, its servants and agents against all actions, claims and demands which may be instituted against Australia Business Online arising out of a breach of this Agreement by the customer or of any other person for whose acts or omissions the customer is vicariously liable.
Intellectual property rights
All design and layout produced by Australia Business Online for the customer is copyrighted to Australia Business Online, and must not be used by the customer for any purpose other than in relation to the customer’s website or to promote the customer’s website.
The customer may seek permission to use Australia Business Online design and layout for other purposes.
In all cases a written request must be submitted to Australia Business Online for consideration of the use of the material and for its purpose.
Only once a written permission is issued, can the material be used, and only then for the purpose requested.
Any additional use requires further written permission.
The customers acknowledges that all artwork, graphic material or any other material is accepted by Australia Business Online in good faith on the understanding that the customer owns the copyright in such material or otherwise has the right to use such said material.
The customer is solely responsible for obtaining all necessary intellectual property rights and licenses or other permissions.
Australia Business Online shall not be held responsible or otherwise liable for any copyright breach from materials supplied by the customer.
Australia Business Online may by written notice terminate this Agreement if the customer breaches any obligation in this Agreement. In such cases:
Australia Business Online is entitled to retain all monies paid under this Agreement;
Australia Business Online is entitled to seek any outstanding amounts to the full value of this Agreement
Australia Business Online may immediately block your website and 14 days thereafter remove all data located on it
You may retrieve any such data at your expense which will be charged at the rate specified on the Australia Business Online website under Fees and Charges as amended from time to time.
You may in writing terminate your account with Australia Business Online at anytime to take effect after the agreed term, otherwise your account will be automatically renewed on the day after the expiry date for a further agreed term of twelve (12) months and you will and become immediately liable for the amount specified in the renewal notice.
Nothing in subparagraph 8(b) prevents Australia Business Online and the Customer to agree in writing to a further agreed term other twelve (12) months.
On receipt of a written termination Australia Business Online will cease to provide all service within 14 days.
All notices to Australia Business Online are to be directed as follows:
– e-mail to: email@example.com;
All notices to the customer may be posted, faxed or sent by electronic mail in accordance with the information provided by the customer in this Agreement.
A notice will be deemed to be served:
48 hours after posting;
on transmission by the sender (if faxed); or
on transmission by the sender (if e-mailed).
The Customer is solely responsible for notifying Australia Business Online of change to the information of their Agreement
The customer must not assign the benefit of this Agreement to any person without the written consent of Australia Business Online.
All customer complaints or grievances will be considered by Australia Business Online with due haste. However any dispute or difference arising between the customer and Australia Business Online in connection with this Agreement which cannot be settled by direct negotiation shall be referred to arbitration.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of law, such provision is severable and will not affect the remainder of these Terms and Conditions which will continue in full force and effect as if they had been executed without the invalid provisions appearing therein.
This Agreement is subject to the laws of state of Queensland, Australia. Any disputes arising in relation to access or use of this site are exclusively subject to the jurisdiction of the courts of the state of Queensland, Australia.
We may vary any of these Terms and Conditions but will give you at least 30 days notice in writing of any variation which:
- imposes or increases charges for services provided by us; or
- increases your liability for losses (subject to paragraph 5).
This Agreement constitutes the entire agreement between the parties and supersedes any prior agreements, undertakings and arrangements. Nothing in this Agreement constitutes either of us an agent, partner or employee of the other and neither party has a right or authority to bind the other party.
A waiver of Australia Business Online rights under this Agreement must be in writing.