Terms and Conditions
Customers Terms and Conditions when conducting business with Website Builder Australia (WBA) ABN: 51 818 742 994 are as follows:
Delays in providing the required information to Website Builder Australia may result in delays in product delivery and also may result in you incurring additional charges for administration time.
Website Builder Australia will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.
In order to enable Website Builder Australia to complete your project within a reasonable time frame, Website Builder Australia may move your site to the next stage of development in circumstances where:
- Website Builder Australia does not receive any feedback or changes from you within 14 days of such items being requested; or
- Website Builder Australia does not receive your content within 14 days of it being requested.
Website Builder Australia, in its sole discretion, reserves the right to develop your site without first receiving your progress payment in the event that Website Builder Australia does not receive your content within 14 days of having requested it. If Website Builder Australia elects to build your site without first receiving content from you, standard template content will be used which can be changed by yourself using the Content Management System once the site is handed over to you.
In the event that Website Builder Australia does not receive any final changes to be made to the site from you within 14 days of having requested such details from you, then Website Builder Australia reserves the right to hand over your site to you, at which time your final payment will become immediately due and payable.
CONTENT, DESIGN AND PACKAGE RESTRICTIONS:
Each package or product has certain design and functionality restrictions. It is your responsibility to understand these restrictions prior to commencing any project. You should discuss any queries you may have with your consultant and also refer to the examples Website Builder Australia has provided to you which fall within your budget range, and refer to any documentation that Website Builder Australia has provided to you.
During various stages of the design process Website Builder Australia will request from you certain information and content. You should ensure that the information and content that you provide to Website Builder Australia is correct and is your final version. Website Builder Australia cannot accept any revised content once you have submitted your content. Any revisions to content may result in you incurring additional costs.
Where “pages” of content are specified, a “Page” consists of up to 1 A4 page of text and up to 5 images. If you require more content than this on any one page, you should advise Website Builder Australia accordingly so that Website Builder Australia can provide you with a quote for the extra content.
Where a gallery of images is used, up to 20 images can be entered by Website Builder Australia for you. Additional images may incur additional costs. You should note that a gallery counts as 1 page.
When Website Builder Australia provide you with design layouts for approval, these design layouts represent the suggested design for the home page of the site. You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented. You should ensure that you ask your consultant for more information if you are unclear on this.
Website Builder Australia uses the content in the form that is provided to Website Builder Australia by you and does not conduct spelling or grammar checks. Website Builder Australia will not write your content for you unless you have requested that this be provided as a separate service which will incur additional costs. You are solely responsible for the content of the site and accordingly Website Builder Australia will treat the submitted content as the final version of that content. If you find you have errors in your submitted content, you are able to change your content through the Content Management System if there is one attached to your site.
Website Builder Australia include a set number of rounds of changes during its site production process. The standard number of rounds of changes is 3. Any extra changes required by you may incur additional costs and such extra changes can be purchased during the sales process. Website Builder Australia accepts no responsibility for ensuring that such changes are error free.
Changes must be submitted in one email and one email of changes (within the scope of the project) is considered one round of changes. In the event that Website Builder Australia makes any mistakes or omissions in implementing the changes that you have requested, Website Builder Australia will rectify this at its own expense.
Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.
Website Builder Australia may include a link to its own website at the footer of your site and, where such link is so included, you must not take any steps to remove this link. Website Builder Australia reserves the right to change any such links from time to time.
You are expected to test fully any application or programming relating to the site developed by Website Builder Australia for you before making such site generally available for use. Where “bugs”, errors or other issues are found after the site is live, Website Builder Australia shall endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions.
FEES AND PAYMENT TERMS:
The total cost of your project and any fees are set out in the quote provided to you by Website Builder Australia, the scope of work and any ad hoc quotes that may be provided to you by Website Builder Australia from time to time. Details regarding costs can also be obtained from your sales consultant by request. You must ensure that you are aware of any costs and ongoing fees before you elect to proceed.
Any monthly fees attached to your project must be paid in full in order to ensure your service continuity. Your site may be suspended or discontinued if your fees fall overdue outside of Website Builder Australia payment terms.
Your initial website consultations are included in your quoted project cost and form part of your deposit. If you do not decide to proceed with Website Builder Australia, you will not be liable for this cost.
Website Builder Australia’ standard payment terms for any project are as follows:–
- 50% of the total project cost will be required as an upfront deposit via Paypal or Bank Deposit in order to get your project started. This also includes the cost of your initial website consultations.
- The balance of the total project costs shall be payable within 28 days after your project start date and prior to Website Builder Australia making the site live.
Any extras requested during the process shall be added to the total project costs and will be payable at the stages outlined above. Please note that extras outside your package specifications will incur additional charges which Website Builder Australia will inform you of before proceeding.
If you require Website Builder Australia to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with Website Builder Australia’ standard prices as quoted. All work must be paid for upfront and will be quoted for on request.
If Website Builder Australia has difficulties contacting you for prolonged periods of time or does not receive required feedback of information from you, you may incur additional charges and delays in delivery of your project. If you are un-contactable for more than 14 days, Website Builder Australia may suspend your project indefinitely or end your project without further notice to you. If your project is suspended or ended, then your final payment will be due and payable immediately to Website Builder Australia. To resume your project you will need to pay a $99 re-instatement fee and the decision regarding whether the project will be resumed shall rest solely with Website Builder Australia.
You can apply to Website Builder Australia to have your project on hold if your circumstances change, in which case you may be required to make the next payment due and then the project will be placed on hold for a period determined by Website Builder Australia. Applications will be assessed on individual merits and if approved will be for a finite period determined by Website Builder Australia. You will not be charged any additional costs to resume your project in these circumstances. Please note that paying the deposit on any project shall signify your agreement and commitment to complete the project with Website Builder Australia and your agreement to make full payment to Website Builder Australia. Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.
You shall remain liable for all fees incurred by Website Builder Australia during any period when your site has been suspended or discontinued due to your failure to comply with these terms and conditions. In addition, you must pay all costs in full without any offset, counter claim or deduction unless first agreed to in writing by Website Builder Australia.
Please note that interest at the rate of 10% of your site build contract shall be charged on any amounts outstanding in excess of Website Builder Australia payment terms from time to time.
If accounts are not settled and Website Builder Australia has not been contacted regarding the delay, access to your site may be denied and the web page may be removed.
Refunds shall only be provided for your project within 24 hours of payment of your deposit on the condition that you have not returned any of the required information to Website Builder Australia and on the condition that Website Builder Australia has not commenced any work on your project.
An administration fee of $99 will apply to all refunds.
AUTOMATIC RENEWAL OF DOMAIN NAMES:
In the event that you have elected to pay for services provided by Website Builder Australia by way of direct debit, then any domain names registered for you by Website Builder Australia shall be automatically renewed by the due date for renewal and the cost of such domain name renewal shall be added to the direct debit payment for that month.
CONTACTING WEBSITE BUILDER AUSTRALIA:
When contacting Website Builder Australia, you must use the email address and phone number provided to you and you must always ask for the person you wish to speak to directly.
Website Builder Australia provides a 60 day warranty on all of its work. However, if you have made changes to your site using the Content Management System, you may incur additional costs to resolve any issues that arise due to those changes.
Website Builder Australia will make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Google Chrome latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.
Changes made to the site through the CMS, in some cases, can cause browser related issues. If this happens, Website Builder Australia may need to charge additional fees to rectify these issues.
LIMITATION OF LIABILITY:
Whilst every endeavor will be made to ensure that the site is free of errors, Website Builder Australia cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of income, loss of information or business interruption) incurred due to malfunction or due to the construction or operation of the site or any part of it. Further, Website Builder Australia will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by computer hacking, computer viruses, malware or spyware. If your site is so affected, Website Builder Australia may, at its sole discretion, assist you with remedying such affliction; however in doing so, Website Builder Australia accepts no responsibility or liability in this respect.
In addition, Website Builder Australia accepts no liability whatsoever for any damages or costs (including consequential damages or losses) incurred as a direct or indirect result of using Website Builder Australia’ services or services of Website Builder Australia’ related companies or businesses (howsoever caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary software. Website Builder Australia does not provide any guarantee that any such open source or third party proprietary software will be fit for the purpose or function as required by you.
If Website Builder Australia suspends your site for any breach of these terms of service or any other reason whatsoever, Website Builder Australia shall not be liable for any loss of income or costs incurred by you, including any consequential loss or damage suffered by you. It is your responsibility to ensure you are aware of renewal dates of domain names and other services. Website Builder Australia takes no responsibility for loss of domain names or other services due to non-renewal, whether notification is sent to you or not. Please contact Website Builder Australia if you do not know the renewal dates of your services.
All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of services by Website Builder Australia not contained in these terms and conditions are excluded.
Except as required by statute, all express and implied conditions and warranties in relation to the services provided are hereby excluded and Website Builder Australia’ liability hereunder (if any) shall be limited at Website Builder Australia’ discretion to the replacement of the services, the supply of the equivalent services or to the value of the services supplied by Website Builder Australia. You acknowledge that the limitation of liability in this clause is fair and reasonable.
You acknowledge and agree that you are using all services and facilities provided by Website Builder Australia at your own risk and you agree to defend, indemnify, save and hold Website Builder Australia harmless from any and all demands, liabilities, costs, losses and claims, howsoever suffered, including but not limited to legal fees incurred by Website Builder Australia that may arise directly or indirectly from any service provided or agreed to be provided by Website Builder Australia to you or any product or service offered or sold by you to your clients. You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.
You also agree to defend, indemnify and hold harmless Website Builder Australia against any liabilities arising out of injury to any person or property of any person caused by any service provided or agreed to be provided by Website Builder Australia or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.
Website Builder Australia agrees that, except if directed by you, Website Builder Australia will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you. Likewise, you agree that you will not convey any confidential information about Website Builder Australia to any other party, including but not limited to, using any documentation provided to you by Website Builder Australia or using any of Website Builder Australia’ processes related to the delivery of your service.
In the course of building your site Website Builder Australia may use various open source software and also third party proprietary software. Each piece of software has its own processes, functionality and works in its own way. The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.
Website Builder Australia does not provide any warranty in respect of the functionality of such open source or third party proprietary software and Website Builder Australia does not provide any guarantee that such software will be fit for the purpose or function as required by you.
All users of Website Builder Australia’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by Website Builder Australia and notified to you from time to time.
The services of Website Builder Australia must only be used for lawful purposes. You cannot use any of the services of Website Builder Australia to store, transmit, modify, publish, transfer or sell, reproduce, create derivative works from, perform, display, or in any way exploit or distribute any material in any way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or any material that is obscene, threatening, abusive, hateful, libelous, defamatory, pornographic, harassing or threatening or in violation of any law, or is in any other way objectionable.
Website Builder Australia reserves the right to suspend any services if, in its sole discretion, it deems any activities you are undertaking to be putting its reputation, services or other clients at risk. In addition, Website Builder Australia reserves the right to refuse to deal in any way with material which may be deemed offensive, illegal or in any way controversial and also to terminate its hosting service should the necessity arise.
SERVER UPTIME AND USAGE (WEB HOSTING):
Website Builder Australia uses industry standard server hardware and software. Website Builder Australia works to minimize any downtime and endeavors to provide an uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of Website Builder Australia relies on factors outside of its control and accordingly Website Builder Australia does not accept any responsibility for any losses incurred for any down time.
Unless otherwise specified in writing, you are limited to 10 GB per month of bandwidth and 1 GB of disk space per website that you have hosted with us.
While Website Builder Australia makes incremental and full scheduled backups of its servers, Website Builder Australia does not guarantee that any lost data will be recovered. Additional charges may be incurred where you request Website Builder Australia to attempt to make recoveries of lost data.
You acknowledge and agree that Website Builder Australia may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.
Where applications or sites are developed on a server that is not operated by Website Builder Australia, you are expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is your responsibility to provide a suitable testing environment which is identical to the final production development.
SUSPENSION OF SERVICES:
Website Builder Australia reserves the right to suspend/cancel any or all services provided to you, including all domain names if:–
- You have any outstanding invoices or accounts;
- Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;
- You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by Website Builder Australia;
- There is evidence of fraudulent, illegal, defamatory or offensive activities or evidence of any other activity that is in breach of a third party’s rights;
- Website Builder Australia deems that your use of its service may jeopardize the operation of the service that Website Builder Australia provides;
- Website Builder Australia’ service suffers any technical failure or if Website Builder Australia must carry out maintenance;
- You have used Website Builder Australia’ service in a manner which violates any applicable laws or regulations;
- You have used Website Builder Australia’ service in a manner which interferes with or disrupts the usage of the service by other clients of Website Builder Australia; or
- Website Builder Australia deems any other reason as satisfactory to protect Website Builder Australia, its staff or other clients.
Reasonable notice of the suspension/cancellation of services will be given to you by Website Builder Australia only where possible. In the event that your account is suspended or canceled under these terms and conditions, you must pay all outstanding charges to Website Builder Australia immediately.
Either party may terminate the ongoing monthly service agreement for Website Builder Australia to provide web hosting services by providing the other party with 30 days written notice of such termination. If you wish to terminate the ongoing monthly service, then you must provide such written notice to Website Builder Australia by emailing Website Builder Australia to: firstname.lastname@example.org
If you choose to terminate the agreement, then the balance of any fees owing to Website Builder Australia, including in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.
You acknowledge that sites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate the agreement between you and Website Builder Australia.
In the event that Website Builder Australia takes action to recover from you any amount outstanding, Website Builder Australia shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to legal costs and expenses. The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by Website Builder Australia for enforcement of obligations and recovery of monies due from the Customer to Website Builder Australia.
Website Builder Australia may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which Sites Stores relies to provide its services, act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting or other causes beyond Website Builder Australia’ control.
You agree to release Website Builder Australia from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.
These terms and conditions may be varied or updated from time to time by Website Builder Australia.
GOVERNING LAW AND JURISDICTION:
These terms and conditions are governed by the law of the State of Queensland and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Queensland.
If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.
The failure, delay, relaxation or indulgence on the part of Website Builder Australia in exercising any power or right conferred upon Website Builder Australia by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.
You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of Website Builder Australia.
NO ADVERSE CONSTRUCTION:
These terms and conditions are not to be construed to the disadvantage of Website Builder Australia because Website Builder Australia was responsible for its preparation.
You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage Website Builder Australia or any of its employees or its business. This obligation survives the termination of the engagement of Website Builder Australia.