Terms
& Conditions
By visiting our website, or by purchasing any of our products and
services, you agree to be bound by the following terms and conditions.
Domain Name
Registration Terms
We do not warrant or guarantee that the domain name applied for will be
registered in your name or is capable of being registered by you.
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.
Both the registration of the domain name and its ongoing use are
subject to the relevant naming authority's terms and conditions of use
and you are responsible for ensuring that you are aware of those terms
and conditions and can and do comply with them. You irrevocably waive
any claims you may have against us in respect of the decision of a
naming authority to refuse to register a domain name and, without
limitation agree that the administration charge paid by you to us shall
be non-refundable in any
event.
We accept no responsibility in respect of the use of a domain name by
you and any dispute between you and any other individual or
organisation regarding a domain name must be resolved between the
parties concerned and we will take no part in any such dispute. We
reserve the right, on our becoming aware of such a dispute, at our sole
discretion and without giving any reason, to either suspend or cancel
the domain name, and/or to make appropriate representations to the
relevant naming
authority.
You warrant, undertake and agree that:
* when you register a domain name with us, that it will either be
parked with us (pointing to our nameserver) or hosted by one of our
hosting packages. Should a domain name registered by us be hosted
elsewhere, we shall charge a $29.95 account keeping fee for maintaining
the domain in our files.
Domain Renewals
It is your responsibility to renew your domains before they expire.
When a domain name has been expired for more than 3 days, it is
automatically locked. A fee will apply to unlock the domain name. After
30 days in locked status, the domain name will be released from our
records.
Website Hosting and
Other Services
Our files are stores in the servers of Net Registry. As such, we
specifically exclude any warranty as to the accuracy or quality of
information received by any person via the server and in no event will
we be liable for any loss or damage 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. You warrant to us that you
will only use your assigned website for lawful purposes. In particular,
you further warrant and undertake to us that: a. you will not, nor will
you authorise or permit any other person to, use the server in
violation of any law or regulation; b. you will not knowingly or
recklessly post, link to or transmit any material: i. that is unlawful,
threatening, abusive, harmful, malicious, defamatory, violent or
teaching violence, obscene, pornographic, profane or otherwise
objectionable in any way; or ii. containing a virus or other hostile
computer program; iii. that shall constitute or encourage a criminal
offence, give rise to civil liability or that violates or infringes any
trademark, copyright, other intellectual property rights or similar
rights of any person under the laws of any jurisdiction; and c. you
will conform to the standards made available by us from time to time
and will not yourself, and will ensure that none of your end users,
make excessive or wasteful use of the server to our detriment or that
of our other customers. We reserve the right to suspend your service at
the time of service abuse prior notification, and to terminate post 3
events of suspension of the service as a result of ongoing lack of
resolution of the issue associated.
You are responsible for sending mail in accordance with any relevant
legislation, including but not limited to the Commonwealth Spam Act
(2003) and for sending the same in a secure manner. We will take all
reasonable steps to ensure accurate and prompt routing of messages but
we will not accept any liability for non-receipt or misrouting or any
other failure of email. In the event of deliberate transmission of
unsolicited commercial email (UCE), we reserve the right to terminate
services without prior
notification.
You warrant, undertake and agree that:
* any transactions within your website which are contracts for the sale
of goods or services will be between you as the merchant and your
end-user customer and you agree that we may include an exclusion of our
liability in respect of such purchases and transactions in such form as
we deem
appropriate;
* the
information contained within your Web site will comply with all
applicable law, and codes of practice governing the use of websites and
related services, including, without limitation, those laws and/or
codes of practice governing distance selling and data protection from
time to time in
force;
* you
will keep secure any identification, password and other confidential
information relating to your account and you will notify us immediately
of any known or suspected unauthorised use of your account, or any
known or suspected breach of security, including loss, theft or
unauthorised disclosure of your password information. Notwithstanding
such notification you will be liable for any and all uses of your
account (and website) notwithstanding any fraudulent or improper use of
your password or any other access to any of the facilities we offer
which is not unauthorised use or access by
us.
Whilst Net Registry uses reasonable endeavours to ensure the integrity
and security of the server, we do not guarantee that the server will be
free from unauthorised users or
hackers.
We do not warrant whatsoever that our virus protection services will
stop every virus from reaching your computer network. We make no
warranty that the service will be error free or free from interruption
of failure, and the company expressly disclaims any express or implied
warranty regarding system and/or service availability, accessibility,
or
performance.
Web Design Services
All standard developments are based on a 5 page design unless
stipulated otherwise at the point of
sale.
You agree that in the provision of web design services by us we may
utilise the services of third party contractors, and that we may pass
on to such contractors any information or materials, including design
brief and content, provided to us by
you.
You are responsible to keep a copy of any existing website which we may
replace pursuant to the provision of web design services including all
databases and hosted files.
We are not responsible for the contents of any website we design for
you, and upon publication you must satisfy yourselves that the website
will comply with all applicable laws, and codes of practice governing
the use of websites and related services. This includes the
intellectual property and copyright ownership of all material that you
have provided to us. We are not responsible for your subsequent use of
the site and your compliance of various commonwealth and state
legislations.
All website content must be provided by you within 1 calendar month of
invoice (project commencement). If your data is not supplied within 1
month, we reserve the right to place your project on administrative
hold. If no data is supplied within 2 months of invoice, the project
will be cancelled and subject to cancellation
fees.
You must provide complete feedback within 7 calendar days during design
concept and production review. If no feedback is provided within this
time, we reserve the right to move forward with the project, assuming
no changes have been requested and that work is accepted in its current
form. Any changes requested past this time are subject to our standard
rates of $150 per hour or part
thereof.
If you are unhappy with your site design, you may request additional
layout concepts, at a cost of $150 per layout, with full payment
required
upfront.
You are responsible for the digital rights to any image that you supply
to us in the course of a
project.
Once your website has been published, we will review and repair any
pre-existing code errors and/or bugs in the website if reported within
30 days of publishing. Any cosmetic changes or alterations, or code
errors reported outside of this time period will be subject to
additional charges at our standard commercial rates of $150 per hour or
part
thereof.
Search Engine
Optimisation Services
Whilst we will try to improve the position of your website in the
search engine results in response to a search request, we do not
warrant that this effort will be
successful.
We cannot be held responsible for any changes to the position of your
website in the search engines results pursuant to the provision of
search engine optimisation services by
us.
General Terms
You acknowledge that we are a reseller of Net Registry services and
that by engaging in our services you not only agree to be bound by our
Terms and Conditions, but also that of Net Registry’s which
may
be viewed at www.netregistry.com.au.
Change to Terms
We may change the terms and conditions of this agreement at any time.
Details of our current terms are available at www.familydomains.com.au.
|
|
