TERMS AND CONDITIONS
WEBSITE HOSTING ACCEPTABLE USE POLICY AND WEBSITE DEVELOPMENT
TERMS AND CONDITIONS
AGREEMENT FOR WEBYCAN PTY LTD
THIS AGREEMENT is for services provided by Webycan ABN 72 610 734 408 to the Client, and commences on the date the Client accepts these terms and conditions.
SERVICES TO BE PROVIDED
1. Paid Monthly Website Packages: From January 2016 Webycan is providing the option for website packages to be paid at an agreed monthly cost, ongoing, that does not require a traditional quote/cost and large 50% upfront fee to commence work. Work will commence once (the Plan) is ordered and covers registration of domain name, monthly website hosting, website design and development, technical support, supply of stock images and labor to complete the project goals. There is no lock in contract with this plan and Webycan agrees to continue to work on the website and provide support whilst the Monthly Plan is active, meaning no overdue monthly invoices. Webycan reserves the right to refuse support and assistance if an account is more than one month in arrears at which time the website will be suspended. Account suspension includes cessation of website and email functionality. Paid monthly accounts are added to a monthly credit card cycle with automatic invoicing, payment processing and crediting of invoices. Access to the Internet through Webycan’s servers is a privilege, not a right, and carries with it certain responsibilities and duties. All customers, clients, and users of Webycan are required to comply with our Terms and Conditions (T&C), Acceptable Use Policy (AUP) and Banned Code policies.
2. Quoted Websites Packages: Traditional Quote and 50% Deposit Lump Sum
Webycan will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer (quote). If the quote is accepted then Webycan will provide an invoice for 50% deposit. The balance is due on completion of the work.
Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out. The standard cost per hour for additional is quoted on an hourly rate of $110 inc GST.
ACCEPTABLE USE POLICY
Access to the Internet through Webycan’s servers is a privilege, not a right, and carries with it certain responsibilities and duties. All customers, clients, and users of Webycan are required to comply with our Terms and Conditions (T&C), Acceptable Use Policy (AUP) and Banned Code policies.
All violations of the T&C, AUP and Banned Code policies will be reviewed for appropriate action that could include termination of access. Our failure to enforce this, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
• Adult content is not allowed. This includes, but is not limited to, pornographic images, text, and sound files.
• IRC servers, IRC bots, and Mush/Moo/Mud servers are forbidden
• Spam is strictly forbidden. Any instances of spam relating to your web site will result in account deactivation
• Sites which place an unreasonable load on the server due to excessive CGI scripts, etc. will be suspended and we will ask the owner to reduce the site load or move to a dedicated server.
• Hate literature, material in violation of copyright laws, and other illegal material are not permitted.
• Scripts that are banned can be found on Banned Code page
Use of Websites For Small Business web hosting services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Clients accept that they will not use their accounts illegally. Reports to Webycan about misuse of our services will lead into an investigation, furthermore we will suspend the clients account and any user in violation of our TOS will not receive a refund on their account. Users found sending unsolicited email via their accounts will be subject to a $200AUD reinstatement fee if they wish their account re-established. A second offense will lead to account termination. This fee is NON-REFUNDABLE
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use your Webycan account:
•In a manner which violates any law, regulation, treaty or tariff;
•In a manner which is defamatory, fraudulent, indecent, offensive or deceptive;
•To threaten, harass, abuse or intimidate others;
•To damage the name or reputation of www.webycan.com.au, affiliates and subsidiaries;
•To break security on any computer network, or to access an account which does not belong to you; or
•In a manner which interferes with other customers' use and enjoyment of the services provided by Webycan.
Webycan reserves sole discretion to determine whether any use of the service is a violation of these Terms.
All images or logos that are supplied to Webycan for inclusion in the website development MUST STRICTLY be the intellectual property of the client. Webycan will refuse to use any supplied images or artwork that it reasonably believes to be the property of another company, person or organization or the client cannot demonstrate that the image or artwork is their property. If the client supplies content to be added to the website and it is added, but later it is the focus of a intellectual property or copyright dispute, then Webycan will take no responsibility for supplied content and cite that the client has knowingly signed the terms and conditions agreeing that they were aware of this clause and take full responsibility and cost for any legal actions taken by the copyright holder of the disputed image or artwork.
Website development refers to work undertaken to improve or change the website, editing images, editing content, setting up or changing the design of the website structure, the design of the website and installing or configuration of plugins or components on the website to perform specific functions. Some third party commercial extensions are using in the development of websites, and where one is used for a specific purpose, and requires purchase of a license to use, costs can vary and if the cost is reasonable it will be included in the monthly plan. If the cost of third party plugins is reasonably higher than the monthly plan both the customer and Webycan have the right to agree on changes to the monthly plan cost to cover this. We possible Webycan will advise on lower cost alternatives or assess the cost benefit, reputation and performance of plugins before any action is taken.
SEARCH ENGINE OPTIMISATION (SEO)
SEO services are provided as quoted. No refund or guarantee will be provided, nor shall claims be made that your website will be ranked #1 in search engines. SEO services to be provided will be detailed in the order invoice and work undertaken demonstrated in supporting documentation and ranking reports. Results of SEO vary due to competition, content, locality and many other factors out of control of Webycan such as search engine algorithm updates and changes to other websites content and ranking. These factors can alter the effectiveness of SEO work undertaken and results may be slow to appear. Webycan makes no claims to have influence over any search engine whatsoever and by agreeing to SEO a clients website we agree to undertake fair and reasonable care to complete the work undertaking ethical techniques and approaches.
SECURITY AND UPDATES OF CMS WEBSITES
Webycan uses a powerful CMS (Content Management System) and your website runs on it, it lets your edit it, make changes yourself and manage your online ‘shopfront’. The security of your website is as important as the security of your home. Like your virus protection, it needs to be updated to prevent hacking attempts and to stay up with the latest technologies. Your website is just the same. Upgrading Joomla core files, and that of installed plugins, components, modules or other scripts is not included in monthly or annual website hosting fees for paid in full websites. Website development packages on monthly plans however benefit from out team continually upgrading and monitoring your CMS installation at no additional cost. Customers with only website hosting plans (no website development) are responsible for maintaining the security of their own account, However if virus or malicious scripts are found to be on any account, Webycan reserves the right to without notice suspend the account and investigate the infection and remove it to ensure the security and integrity of our server environment.
BILLING/REFUNDS OF WEBSITE HOSTING
Payment for website hosting is due once it is installed, for the term ordered as agreed during the order process. Renewal invoices via email are sent 30 days prior to the anniversary date and payment must be made promptly to avoid service disruption. Overdue accounts will receive three email alerts after the due date and on the 5th day the account will automatically be suspended pending payment. Suspension renders the website to go offline, emails to cease and access to Cpanel to cease. Reinstatement of the account resumes once payment is made. It is the responsibility of all clients to respond to payment reminders and arrange for payment by the due date. Refunds for website hosting will be given at the discretion of Webycan and may involve a pro rata compensation for the unused period. Domain name registrations are non refundable. Websites For Small Business may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein. A minimum data retrieval fee of $110 will be charged for supply of a website backup archive following an account termination after the account is offline for more than 6 months.
CHARGES AND PAYMENT - WEB DESIGN AND WEB PROGRAMMING SERVICE
Webycan will provide the web design and web programming service as specified in the Schedule of Work or agreed Quote or Invoice at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.
The Client will pay for the Work at the rate specified in the invoice Webycan. For website development plans (the plan) invoices are generated 30 days before due and are processed the day before being due on the clients credit card.
For website quotes, 50% deposit of the total work invoice is expected to commence work for quoted website projects. All quoted projects will be considered finished after a final review by the client and payment of due for the balance of the quote/invoice. Webycan reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
All quotes supplied to new customers will clearly identify the total cost of development. All quotes will also clearly state that if additional work is requested that falls outside of the agreed work Webycan will not undertake to complete the additional tasks until the customer agrees to the additional cost which will be estimated and quoted at an hourly rate of $80 per hour in writing. No additional work will be undertaken and charged for unless agreed.
Cancellation requests for Webycan accounts must be made via telephone or email at all times. Only the account holder is eligible to cancel any services and must identify themselves before we commence the process for cancellation. This process will schedule the cancellation at the date specified by you and ensure that both your account it terminated and billing cycles cancelled.
ACCOUNT SUSPENSIONInvoices for hosting accounts are sent out by email 30 days prior to the due date. It is the responsibility of all clients to ensure that your email address is up to date. Reminder emails are sent warning you of a pending due date. Emails are also sent at regular intervals after the due date has passed without payment. Three warning emails are sent to overdue account holders. If after 5 days of non payment the account is scheduled for suspension on the 5th day automatically. Accounts can be un-suspended when payment is made on the overdue account. No overdue fees are incurred.
OVERDUE ACCOUNT TERMINATION
If a hosting account is suspended and and the account remains unpaid, and there is no cancellation request made, the account will be scheduled for termination in 60 days. All website files, email accounts will be deleted from the server after 61 days. It is the responsibility of all clients to ensure they have backed up the entire account and downloaded a copy to their local computer using the Cpanel Backup Wizard. This includes all website files, images, database and email account including emails. No responsibility is taken for the loss of data after termination.
Webycan website hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time on shared resources. You may not use resource-intensive programs that negatively impact other customers or the performance of Webycan systems or networks. Webycan reserves the right to terminate or limit such activities. Account may be moved from time to time to ensure maximum of availability to clients.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Webycan is not responsible for Customer's files residing on the Network. The Customer is responsible for independent backup of all such data at a site determined by the customer. Webycan cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Webycan is in no way responsible for any data loss or damage arising from viral infection from the Internet. Websites For Small Business and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, Webycan Hosting Services.
For any damage suffered by you, including, but not limited to, loss of data resulting from delays, non- deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via Webycan Internet Services is at your sole risk. Websites For Small Business specifically disclaims any responsibility for the accuracy or quality of information obtained through Webycan Hosting Services. As a user you are warned that some Internet sites accessible via the Webycan allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Websites For Small Business is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. Webycan services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless Webycan from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the Webycan Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. Webycan and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Webycan be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if Webycan has been informed of the possibility of such damages, or for any claim by any other party.
Uptime guarantees do not include, scheduled or emergency maintenance or network issues.
Webycan reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Notice of modifications to this Acceptable Use Policy will be posted to this Webycan Web page. Customers are encouraged to review the current Terms and Conditions Policy on a regular basis. Customer's use of Webycan after such notice shall constitute Customer acceptance of such modifications. The Customer understands that our services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. The Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.