 |
|
TERMS AND CONDITIONS - PLEASE READ CAREFULLY
Definitions used within this document:
A 'Project' is any work undertaken or service provided by dizzinet for the Client on their request and as described in our confirmation order email to that Client.
A 'Client' is a person, persons, business or organisation using any of the services provided by dizzinet.
'Domain' is the website address as specified by the Client.
'Hosting' is a yearly cost to keep a clients website activated online.
' Go Live' means the date the website is available on the Client’s chosen domain.
'Content' is both text and images that the Client requires on the website.
'mb' stands for megabytes and is a measure of storage space.
This website at www.dizzinet.com.au (the "Site") is a registered trademark of djian Publishing ABN 24 127 474 444 referred to herein as “diZZiNet or Dizzinet” ("we", "us"). This page sets out the Terms and Conditions under which you may use this Site (the "Terms"). Please read the Terms carefully. If you do not accept the Terms stated here, do not use this Site and service. By using this Site, you are indicating your acceptance to be bound by these Terms. The term "you" as used in these Terms refers to all individuals and/or entities accessing this Site for any reason.
User Agreement
This User Agreement ("Agreement") is an agreement between dizzinet, and the party set forth in the related Registration Form ("User" or "You" and "Your") incorporated herein by reference (together with any subsequent Registration Forms or other online signup, acceptance or order form submitted by User, the "Registration Form"), and applies to the purchase of all services ordered by User on the Registration Form (collectively, the "Services"). As used herein the term "User" and "You" shall also include any and all users, Customers, subscribers, affiliates (including without limitations Users or non-Users to whom dizzinet provides links or banners to promote the services or products of dizzinet or any third party the services or products of which are offered by or obtained through or in connection with dizzinet), resellers or others (i) who sign up for, use or obtain services or products from dizzinet or from any third party services or products of which are offered by or obtained through or in connection with dizzinet, or (ii) who visit the Web sites of dizzinet or of any such third party.
Signing up for the services creates a contract between you and us, consisting of the order, the applicable service description and this user agreement. You are agreeing to be bound by the terms of this agreement and all terms and conditions incorporated by reference in this agreement. Your use of the services constitutes acceptance of this agreement.
The contract between dizzinet and the Client will be on these conditions, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing.
Email will be the method of contact with regard to all communication. The works to be carried out shall be as set out in the dizzinet confirmation order email.
Although dizzinet can be contacted by telephone, we will use email as our method of communication and therefore it is the Client's responsibility to inform us of any change in email address so we always have up to date email contact details. dizzinet can not be held liable in any way relating to communication issues if we are not supplied a valid email address. dizzinet will acknowledge all emails within 3 working days.
dizzinet will only commence work on a Project after receipt of a non refundable, 50% deposit of the quoted Project fee from the Client. The final 50% payment is to be made on completion of the website. The website will be switched to Go Live once the Clients remaining balance is paid in full.
The deposit paid to dizzinet covers the cost of design work carried out as well as any admin work and communication with dizzinet. The deposit is non refundable.
dizzinet shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business will operate legally.
It is important for the Client to keep in contact with dizzinet throughout the entire Project. If a Client does not make contact for 1 week we will make up to 10 attempts to contact the client by email using the email address specified when the client went ahead. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded.
Where images used on the website have been purchased by dizzinet on behalf of the Client, these images are strictly for use on the website only. dizzinet are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
The client agrees that the material developed by DizziNet, including (without limitation) the software, coding, administration panel, content management systems, (including trademarks) and layouts are owned by DizziNet and that DizziNet merely grants a permanent nonexclusive, non-transferable licence to the client for the use of the material. The client must not copy, modify or replicate the material developed by DizziNet, or create any other material using material developed by DizziNet, without obtaining prior written consent by DizziNet.
Images will have been purchased by dizzinet for the Client, unless the images have been supplied by the Client. Images purchased by dizzinet are licensed only for use on the client website. All images displayed on the Client's website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or dizzinet, they will be the sole responsibility of the Client.
diZZiNet will host the website if the Client chooses us to do so and on receipt of full payment of our Hosting fees. In doing so, dizzinet will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control.
All standard hosting offered by dizzinet is limited to 300mb of website space unless otherwise stated in a seperate contract. If your site requires more than 300mb of space, you will be notified by dizzinet to increase the amount of mb to cater for your website. 100% Payment will be required immediately prior to the increase. If payment has not been received and you have exceeded your mb amount, your website will not be displayed live until payment has been received in full.
dizzinet cannot be held responsible for anything adversely affecting the Client's business operation, sales, or profitability that might be claimed is a result of a service offered by dizzinet.
Where asked to provide search engine optimisation for a Client, dizzinet does not guarantee any specific placement or high ranking on search engines.
dizzinet will provide the Client with an expected completion date for the Project (live on the internet) if requested. dizzinet will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of dizzinet is purely an estimate.
DOMAIN NAME REGISTRATION
Domain names will be registered by dizzinet on behalf of clients. The Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, it is the client's responsibility to do make relevant changes by loging into their domain management panel via http://www.dizzidomains.com.au
A domain name will be registered by dizzinet on behalf of the client once we have received the 50% deposit, 25% design payment, 25% final payment and a completed creative brief.
The Client is responsible for checking the accuracy and correct spelling of the Client's domain name and its ownership entitlement as identified on dizzinet documents sent to the Client and will notify dizzinet within 24 hours of any corrections required.
Upon registration of the Client's domain name, the Client shall at all times comply with the terms and conditions for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the Client may become subject as a result of the provision of the Services by dizzinet.
The Client agrees to indemnify dizzinet, its employees and agents and shall hold them harmless from and against all loss, penalties, damages, liability, claims or expenses whatsoever arising from any claims by third parties as to ownership or other rights to use a domain name where one has been registered by or transferred to dizzinet or arising in any way by the Client infringing (whether innocently or knowingly) third party rights. If a Domain name is purchased by the Client through a company other than dizzinet, the Client has full responsibility in making sure that the domain name is renewed when due. dizzinet will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than dizzinet.
It is the responsibility of the Client to renew their domain names when due. If a domain name expires, dizzinet can not be held liable for this. However, dizzinet will make reasonable effort to contact the Client regarding domain renewal.
LOSS OF DATA
dizzinet will take all reasonable steps to safeguard the dizzinet Servers and the data contained therein, however dizzinet will not be responsible for any loss of Client data stored or intended to be stored on the dizzinet Servers or back-up devices and the Client will not be entitled to any form of compensation from dizzinet in the event of loss of data.
INTERRUPTIONS TO SERVICE
dizzinet takes no responsibility for any delay, malfunction, non performance, or other degradation of performance of any of the Services caused by or resulting from any alteration, modifications or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the Services already supplied.
In the event of total systems failure resulting in the disruption of service to the Internet from dizzinet Servers, dizzinet will endeavour to repair and reinstate the service within 24 hours of detection depending on the severity of the failure.
If failure is caused by the Client or any agent or customer of the Client to whom access to dizzinet Servers was given, the Client shall pay all costs to reinstate and/or repair the Client server.
HOSTING
When a Client renews Hosting with dizzinet , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and dizzinet can not be held liable for this.
Renewal of Hosting is due on a yearly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if dizzinet cannot contact the Client or the Client requests for dizzinet to not host this site.
The Hosting renewal charge must be received within 10 days of the Hosting expiry date. dizzinet reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by dizzinet for reactivating the website/Hosting.
If the Client does not use dizzinet Hosting services, then the management and Hosting of the Domain name are the full responsibility of the Client.
dizzinet will provide 1 years free hosting providing the client pays their deposit payment within 48 hours. If the deposit payment is not received within 48 hours then dizzinet reserve the right to charge $89.00+GST for 1 years hosting of the clients website.
Should a Client wish to move Hosting away from dizzinet or transfer a Domain name away from dizzinet, a $15.00 admin charge will be issued, which must be paid before the transfer takes place.
CONTENT
dizzinet has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client's web sites constitute dizzinet endorsement, or approval of the website or the material contained within the website. dizzinet has not verified any of the materials, images or information contained within our Client's web sites and is not responsible for the content or performance of these sites or for the Client's transactions with them. dizzinet provides links or references to our Client's websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
dizzinet are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client's website. The Client is solely responsible for any information or files relating to its website.
If a Domain name is purchased by the Client through a company other than dizzinet, the Client has full responsibility in making sure that the domain name is renewed when due. dizzinet will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than dizzinet.
dizzinet will take a 2% service charge payment on any payments received using a credit or debit card. If this is not acceptable to the client, we also accept Bank Transfer, cheque as an alternative payment method.
Zero Tolerance Spam & Leeching PolicyWe take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.
We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a cleanup charge as the discretion of dizzinet. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. running an online store.
Without limiting the effect of any provision hereof, DizziNet will not be liable to make any refund to the client nor will it be liable to the client for damages if for any reason whatsoever outside the control of DizziNet services such as (without limitation) hosting, cpanel access, and domain registration are interrupted or disabled for any reason.
The client agrees that the material developed by DizziNet (WITHOUT LIMITATION) software, design, text, (including trademarks) and layouts are owned by DizziNet and that DizziNet merely grants a permanent nonexclusive, non-transferable licence to the client for the use of the material. The client must not copy, modify or replicate the material developed by DizziNet, or create any other material using material developed by DizziNet, without obtaining prior written consent by DizziNet.
DizziNet shall make reasonable efforts to provide the services stated in the terms and conditions, but reserves the right to make coverage in respect of any loss it might sustain if services become interrupted for any reason, including web hosting downtime.
Package changes
From time to time, we may update our hosting package plans. Customers on previous plans will not be automatically upgraded to the newest version of the plan. Customers on previous plans will keep the features of their current hosting package. If a customer wishes to upgrade to the newest plan, a AUD$10.00 administration fee will apply. Your hosting account may also need to be transferred to another server to take advantage of the newer features.
Suspension
We reserve the right to suspend your account if you have an outstanding invoice/account, your account is in dispute or if you are in direct violation/breach of any of the terms disclosed in this agreement.If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.
We reserve the right to pass your information onto a collections agency for debt recovery, if for 14 days your account remains unpaid.
We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where dizzinet has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
We may investigate to recover any outstanding debts.
Changes to the Terms and Conditions
dizzinet reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions that can be accessed on our web site at any time.
However, if we revise our terms in a way that impacts you both materially and detrimentally (and you have more than a month's worth of hosting paid in full remaining on your account), you may request a refund for services. Price changes in line with inflation, exchange rate movements, price increases from our suppliers or other factors beyond our direct control would not trigger this clause.
Refunds shall be provided for whole months only; parts of a month shall be rounded down. They cannot be given for products or services dizzinet has purchased from 3rd party providers (such as domain names, SSL, VPS, Dedicated Servers, etc
Bandwidth Usage / Disk Space
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. We will notify the customer via email to advise their hosting account has exceed their assigned limits.
Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
Unused transfer cannot be carried over.
Microsoft FrontPage Extensions
Microsoft FrontPage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of FrontPage. FrontPage Extensions 2000+ are supported, but limited support is available for this. If you find you have an issue with FrontPage extensions, chances are that this support is being removed by our software providers.
Price Change
We reserve the right to change prices listed on dizzinet, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.
Affiliate/Referral Policy - Affiliate/Referral Credit & Payments
Affiliate &/or Referral payments are made on a one-off payment. The Referrer will receive a 10% commission only on a website sold to the referred client. No commission will be provided for services other than a website, this includes logo designs, graphic design, brochure design, printing services, website hosting, and domain name registration. A one-off payment will be provided to the Referrer only once that client that has been referred has signed, and payment has been received.
We reserve the right to change the affiliate/Referral payment rate at any time without prior notification.
Abuse Policy
dizzinet has a very strict abuse policy in place. As such, any abuse towards our staff will not be tolerated and any client, contact or contractor of the client, or authorised representative of the client found abusing or disrespecting any of our staff members may have their hosting account and/or services suspended or cancelled without notice.
Examples of unacceptable abuse:
Swearing towards or at dizzinet staff and/or its associates
Any disrespectful or defamatory comments against or towards dizzinet staff (this includes libel)
Bold or capitalised communications in the forms of but not limited to:
Emails
Phone communications, either by verbal direct or voicemail
Live chat transcripts or communications
Skype Live chat transcripts
Any other form of written or verbal communication with dizzinet any of its staff
Any client found performing any form/act of abuse towards our staff or any of its contractors or associates in accordance with the above policy is immediately subject to either cancellation or suspension of their hosting account/services with dizzinet. As such, if we nominate to cancel/terminate hosting, we will do so at our own discretion without notice and as such, your data can and is subject to complete removal from our server without any notification. No refunds or credits will be provided under these circumstances.
Any client found in breach of this abuse policy will be requested to Cease and Desist their actions immediately. Should actions continue upon our request to Cease and Desist, legal action may be sought against the client and all costs in doing so will also be sought upon commencement of legal action.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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 us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with dizzinet;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from dizzinet’s server. dizzinet does not guarantee uptime.
Disclaimer
dizzinet will not be responsible for any damages your business may suffer. dizzinet makes no warranties of any kind, expressed or implied for neither services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. dizzinet disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by dizzinet and its employees
Limitation of Liability
IN NO EVENT SHALL DIZZINET BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF DIZZINET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Some states or territories may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states or territories, dizzinet’s liability is limited to the full extent permitted by law. You agree that in no event shall dizzinet’s maximum aggregate liability exceed the total amount paid by you for the particular product or service in dispute purchased from dizzinet.
Force Majeure
A force majeure is defined as Acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster even if caused by global warming, i.e., negative human activities that contribute to the destruction of the biosphere), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, governmental or quasi governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or interruption or failure of utilities or telephone service.
Where a Party is unable, wholly or in part, by reason of force majeure, to carry out any obligation under this Agreement, and that Party: (a) gives each other Party prompt notice of that force majeure including reasonable particulars, and, in so far as known, the probable extent to which it will be unable to perform or be delayed in performing that obligation; (b) uses all possible diligence to remove that force majeure as quickly as possible, that obligation is suspended so far as it is affected by force majeure during the continuance of that force majeure and that Party shall be allowed a reasonable extension of time to perform its obligations.
If after a period of six months, the force majeure has not ceased, the Parties shall meet in good faith to discuss the situation and endeavour to achieve a mutually satisfactory resolution to the problem
The requirement that any force majeure must be removed with all possible diligence does not require the settlement of general strikes, lockouts or other labour disputes or claims or demands by any government on terms contrary to the wishes of the Party affected.
Governing law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of New South Wales, as if the Agreement was a contract wholly entered into and wholly performed within the State of New South Wales. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for New South Wales, or if there is no jurisdiction in such court, then in a state court in Sydney, New South Wales. You consent to the personal and subject matter jurisdiction of any state or Federal court in Sydney, New South Wales in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.