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Terms
Please consult our team if you require clarification on any of these items.

 

BizWebSites.com.au provides Web Design, development and web hosting services. BizWebSites reserves the right to change the Terms and Conditions at any time. BizWebSites users are entirely liable for all activities conducted through their account.

 

The following rules apply while using BizWebSites services:

 

* Additional coding post go live regarding modifications and extra functionality is charged at AUD$75.00/hour after site goes live (Nb. After site goes live, it is assumed all functionality in scope has been provided regardless of written or verbal communications; due in part to the nature of websites being in a constant state of flux!). The minimum charge is for 1 x 30 minute period and then consecutive 30 minute periods thereafter. This is not applicable for a genuine problem/issue/fault with current site.

 

* All documentation and manuals on how to manage your own site if purchasing a CMS or eCommerce site will be provided.

 

* BizWebSites offers lifetime support on the proper functioning of your site! Hence any work/modifications completed on your site by non-authorised BizWebSites personnel causally renders any warranty on the the proper functioning of the site and support is then void. Additionally if the site is hosted externally to BizWebSites servers under administration from a 3rd party - our support is not applicable.

 

* All quoted prices are EX GST. All prices include 12months hosting of site and all content, databases, 5 email addresses, unlimited subdomains and unlimited monthly bandwidth and storage capacity. Included in the price is ongoing maintenance, backups and support of the site for normal operation.

 

*All prices must be paid in full to have the above services enabled for the ongoing term of the 12 months. If clients start website projects by paying a 50% deposit and then decide to halt activity then a refund is not offered unless BizWebSites receives in writing a request to terminate services which is less than or equal to fourteen (14) days after deposit is received then a refund less $450 administration fee will be offered - which is due to the amount of work to host, design and setup the site in even in a pilot format; If deposit is less than this amount ($450) then the full amount will be forfeited. After fourteen days post initial deposit no refund will be offered. Additionally on completion and handover of the site - no refund is offered.  Backup and zip of site is provided for free - but to rebuild on 3rd party servers is a cost charged at $75/hr.

 

* Domains and hosting must be provided by by BizWebSites hosting services - unless explicitly agreed to by in writing by BizWebSites. The price does not change if you have purchased your own domain or emails with another registrar or you are hosting on an another hosting provider. We only ask that you then redelegate you domain to our nameservers - again unless specifically agreed to by BizWebSites client manager.

 

* Due to our extremely low prices and small margins a 50% deposit must be paid to ensure a commitment to our company and prior to work starting on the design and development of your site. After go live of the site payment of balance is required seven days (7) days post go live.

 

*  All CMS User Manuals and Administrator passwords will be sent on payment of remaining account balance.

 

* A standard ecommerce or normal website site uses a shared SSL certificate for encryption of secure information ( eg Credit cards) unless you migrate from your own site and use a 3rd party payment gateway (eg. PayPal) to process payments. To organise a dedicated SSL certificate a dedicated IP (yearly charge), SSL certificate (yearly charge) based on your domain and additional standalone hosting charges would need to to be organised through a BizWebSites sales consultants.

 

1. Pornographic, obscene, nude, graphically violent, racist, defamatory, offensive, and illegal and any other inappropriate content is strictly prohibited.

 

2. Offensive and indecent page names and content is not allowed and will be blocked.

 

3. BizWebSites is not responsible for the content of any member’s website. We reserve the right to remove any website that is in violation of our terms and conditions without refund. Members will be held legally responsible for the contents of their website for, but not limited to use of copyrighted material without the permission of the author or posting material considered prohibited in item 1 above. The use of BizWebSites websites for illegal purposes is strictly forbidden and the website may be removed without notice.

 

4. BizWebSites membership will be revoked without refund if any of the following activities occur:

 

a. Adult or Pornographic related

 

b. Hacking Related

 

c. Spamming to promote your website

 

d. Anything related to illegal activity

 

 

5. Only photos, logos, mp3 files and documents may be uploaded to our server. We do not allow any type of programs, software or applications on our servers.

 

6. You and any person who has access to your account must evaluate, and bear the risk associated with, the accuracy, completeness or usefulness of any Content. BizWebSites reserves the right to remove Content which is deemed in BizWebSites’s sole discretion as harmful, offensive, or otherwise in violation of the Rules or any rules or policies BizWebSites has in place at the time.

 

7. BizWebSites will not be liable for any of its services. BizWebSites will not be liable for any files that are lost and/or corrupted which may occur from a system crash or hard disk failure. To the full extent permissible under the applicable law, BizWebSites shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use BizWebSites services (hosting, email, websites).

 

8. BizWebSites designs and websites may be transferred to or hosted on another web host or Internet Service Provider. ie. You own the IP related to the WebSite - after you have purchased in full your website from BizWebSites. However you are then free to move it to another hoster or hosting provider if you terminate your services with BizWebSites.

 

9. You may cancel or terminate your website design services at anytime after the 50% payment fee is received. You must advise BizWebSites in writing if you wish to cancel and a AUD$450.00 administration fee will be levied and and taken from the 50% deposit. If you decide to cancel or terminate your website design services equal to seven (7) or more days after the deposit has been received then no refund will be offered. This is due to the resources, time and effort to upload, test and design a site even in draft format.

 

If you decide to cancel after full payment has been received - You must advise BizWebSites in writing, however BizWebSites will not refund for early termination. If you decide to terminate your agreement with BizWebSites we will happily provide you with a compressed zip and/or backup of all your files/DB for you to host on other servers. This does not include the "build" of the whole site on another hosting provider.This service is charged at our normal time/materials rate of $AUD75/hour.

 

10. If the chosen domain name is not available BizWebSites will contact the person listed on this Service Agreement and they must provide an alternative domain name within.

 

11. BizWebSites may use any images of your website for its own promotional purposes.

 

12. Due to our economies of scale we DO NOT apply a Bandwidth policy to our clients accounts. Additional support is charged at AUD$75.00/hour.

 

13. Terms and Conditions may be changed at anytime. For the latest Terms and Conditions visit www.BizWebSites.com.au. Prices are subject to change.

 

14. Limitation of Liability. In no event shall BizWebSites or its employees be liable for any special, incidental or consequential damages in connection or arising out of connection or availability with your website, the third Party Payment website and BizWebSites’s website, our services and this agreement.

 

15. Due to our extremely low margins and prices we do not have a fixed time deliverable on a web design due to the subjective nature of clients and changes in scope. BizWebSites do our web development work on a best estimate basis in regards to time required to complete jobs. Most medium scale jobs with in excess of 15 pages and lots of artwork, features and functionality is in the range of 4-6 weeks from start to finish. However we can work on fixed time/deliverables but then the cost rises exponentially. Please see the team for more information.

 

16.  Bizwebsites host on 3rd party Hosting Services and are bound by the terms and conditions set out by their organisation: We will make every attempt to retain nightly backups. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for our daily backup service. Because the Services permit Users to electronically transmit or upload content directly to the User Web site, User shall be fully responsible for uploading all content to the User Web site and supplementing, modifying and updating the User Web site, including all back-ups.

    * Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure, will not be recoverable.
    * BizWebSites shall not be responsible for any damages to the User Content, the User Web site or other damages or any malfunctions or service interruptions caused by any failure of the User Content or any aspect of the User Web site.
    * User is solely responsible for making back-up copies of the User Web site and User Content.
    * BizWebSitres does not maintain backup copies of User Web sites or e-mail. Just Host cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a back-up of a Web site will always be available. Users should always copy all content of a Web site to a local computer and BizWebSites strongly suggest that Users make an additional copy (on tape, CD, multiple floppies, another desktop, or elsewhere) to ensure the availability of the files.

Acceptable Use/Illegal Activity

BizWebSites strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:

    * Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
    * Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
    * Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
    * Uploading or linking to any content that violates another's right of publicity or privacy.
    * Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
    * Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
    * Hosting large amounts of data not specifically tied ("linked") to your hosting account. BizWebSites encourages users looking for file storage/backup solutions to seek other services that specialise in this.

Content

All services provided by BizWebSites may only be used for lawful purposes.

The customer agrees to indemnify and hold harmless BizWebSites from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account.

BizWebSites Terms and Conditions of Service for Shopping Cart/eCart/eCommerce stores

 

1. These Shopping Cart Terms and Conditions are in addition to the standard Terms and Conditions above.

 

2. Selling of illegal substances or items that contravene the laws of Australia are prohibited.

 

3. You will be required to setup a third party Payment provider as instructed by BizWebSites. This means all payment details including shipping address and financials details are entered to your third party website. BizWebSites will not be liable nor will it be responsible for any payment errors, credit card theft, processing errors, and all matters relating your third Party Payment provider, your website and BizWebSites’s website.

 

4. Matters regarding how to use your third Party Payment system is not supported by BizWebSites. For support you will need to contact your third Party Payment provider. This includes setting up bank withdrawals, refunds and other matters relating to your third Party Payment account.

 

5. Limitation of Liability. In no event shall BizWebSites or its employees be liable for any special, incidental or consequential damages in connection or arising out of connection with your website, the third Party Payment website and BizWebSites’s website, our services and this agreement.

 

6. BizWebSites does not guarantee the availability of the third Party Payment website.

 

7. A standard ecommerce or normal website site uses a shared SSL certificate. To organise a dedicated SSL certificate a dedicated IP, SSL and standalone hosting charges need to be organised through BizWebSites sales consultants.

 

A Violation of any of the above Terms and Conditions of BizWebSites Provided Services may result in the termination of your account.
 

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