Terms of Service

This page provides references to the policies and agreements that apply to all products and services and your dealings with Value Webs and all associated companies and resellers.

Quick Reference

  • Domain Names
    Customers purchasing domain name registration, renewals, transfers, domain back order, domain privacy are subject these Domain Name Terms and Terms of Service.
  • Hosting
    Customers purchasing hosting services, renewals or transfers are subject to Web Hosting Terms, Email Hosting Terms and Terms of Service.
  • Design Services
    Customers purchasing design services, renewals or updates are subject to Web Design Terms, Logo Design Terms and Terms of Service.
  • Services & Products
    View the Terms of Service for general products and services above. ADHOC programming, design and website debugging services are available to active or new clients.  Standard hourly fees of AUD$100 + GST  apply unless priority support services and support agreements have been agreed upon.
  • Privacy Policy
    The Privacy Policy governs all collection, storage, and use of information gathered through this Website.
  • Billing
    We accept Visa, Master Card, Paypal, Cheque and EFT. If you are paying by Cheque or EFT you must email us and advise of remittance and make payment well before the due date. Failing to notify may cause and interruption to your service as it requires a manual update of your account. Clients are encouraged to pay by credit card or PayPal as it is the easiest way to handle payment and is instant.
  • Payment terms:
    Invoices for products and/or services are payable within 14 days of invoice date unless prior arrangements have been made in writing with Director(s) of Value Webs. Accounts that are more than 30 days past due will receive a reduced level of service for hosting, website updates or support. Value Webs retain the right to withhold and/or suspend a service when an account remains more than 45 days past due. Should your service be suspended, a service reconnection charge may apply. This charge includes our accounts administration, technical service tasks and any supplier reconnection costs and is likely to be in excess of $125. In the event a collections agent is engaged, all recovery fees and charges will be added to the outstanding amount.
  • Search engine optimisation (SEO):  
    We cannot guarantee any improvement to a search engine ranking, nor can we promise to get a site higher up or to the ‘top of Google’, but we build every site in a way that is accessible to search engines in an effort to increase its chances.

21 Domain Names

This entire clause 21 relates to the Domain Name Product. For this clause, the following terms shall be defined as follows:

Registrant

The current licensee of a domain name.

.auDA

.au Domain Administration Limited ACN 079009340.

.auDA policy

Any policy listed by auDA. http://www.auda.org.au/

Domain name license

A license for the use of a particular domain name.

Domain name license terms

The terms and conditions which apply to a domain license.

gTLD domain

Global Top Level Domain. A domain that ends in .com, .net, .org, .info or .biz.

ICANN

Internet Corporation for Assigned Names and Numbers.

Member

A person who registers with us as a member and is provided with a member / client ID.

Published Policies

The specifications and policies established and published by auDA from time to time at http://www.auda.org.au/

Registrar

Entity responsible for the provision of domain name licenses.

Registrar of record

Entity by which a specific domain name is licensed through.

Registration fee

Current charge in respect of a domain name license.

Registration period

The period that a domain name license lasts for.

Registry operator

The entity which issues domain name licenses and maintains their respective records.

Renewal fee

Current charge in respect of renewing a domain name license.

Registrant Transfer

The transfer of a domain name license from one registrant/member to another. We refer to this as a transfer of ownership.

Registrar Transfer

The transfer of a domain name license from one registrar to another.

Nominet

Domain name administration body for .uk domain names (Nominet UK – Company Number 3213859).

DNC

Domain Name Commission Limited.

NZRS

New Zealand Domain Name Registry Limited.

21.1 Representations by us

We do not operate any part of the domain name systems, or grant licensing for domain names. Those actions are maintained by the relevant registry(s) who are independently run beyond our control

The domain name registrar’s obligations include:

  • The arrangement of domain name licenses to be granted to you by the relevant registry operators, subject to their rules, license terms, policies and any other requirements as listed by them and their governing bodies
  • Carrying out limited functions on behalf of the registry operators
  • Serving as a registrar of record
  • Provision of online facilities for the management of domain names
  • Provision of other, related services

This document contains the terms and conditions that apply between you, us and the services provided by the registrar.

This document indicates the terms and conditions that are imposed by the relevant registry operators and the governing bodies to which they are associated.

For so long as the registrar remains are the registrar of record for a domain name there is a service agreement between them and its registrant on these terms and those imposed by the registry operators and their governing bodies.

21.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
  4. Ensure the product is appropriate and compatible for your needs and you supply a valid and accurate domain name.

21.1.2 Terms/Representations

Please see clause 21.17.

21.2 Refunds

21.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. You have provided us with an accurate and complete domain name that cannot be changed at a later date, therefore you must ensure the spelling and grammar are accurate and appropriate for your needs;
  5. We cannot provide refunds or indemnify you for the cost of purchase for any domain name Service. It is sold at cost price from and cannot be a dysfunctional service;
  6. We may choose, on your request to downgrade an account however no refund will be applied;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  10. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 21.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

21.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 21.1.1 of this Agreement.

21.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement.
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 21.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.

21.4 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

21.5 Domain name application

In order to apply for a domain name license, you must:

  • Complete our application form in full.
  • Read and agree with our service agreement.
  • Submit the appropriate registration fee.
  • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application’s success is fulfilled only if:

  • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department.
  • Your application complies with the association requirements and policies of the applicable registry operator.
  • The applicable registry operator approves your application and permits the issue of domain name license.
  • We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, we shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

21.6 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no ‘owner’. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

21.7 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

21.8 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

  • You irrevocably agree that you will have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

We will make an effort to advise the registrant of the need to renew a domain name, preferably at least 30 days prior to expiry, by at least:

  • sending an email to the registrant’s email address, and/or
  • sending a notice to the registrant’s postal address as recorded in the WHOIS information for that domain name.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

  • Agree to any fees required as directed.
  • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
  • Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

  • The renewal fee has been paid and honoured.
  • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
  • The relevant registry operator approves the renewal request.
  • We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

21.9 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

21.10 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

  • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
  • Ensure that the transferor pays any outstanding fees owing to us.
  • Pay any specified fee’s relating to the process of a registrant change.
  • Supply satisfactory documentation identifying both the transferor and transferee.
  • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

21.11 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

21.12 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

21.13 Privacy & WHOIS Service

When a domain name license is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world and is subject to the relevant registry operator’s policies and requirements.

For .au domain registrations please see auDA’s WHOIS policy at http://www.auda.org.au/policies/current-policies/2110-06/

All Private Registration applications are subject to relevant policies and requirements of the Private Registry Authority and based on your agreement to such policy. By applying and making use of Services provided either directly or through a third party of Private Registry Authority, you understand and agree to all policies, both provided and referred by Private Registry Authority.

21.14 Domain name cancellation

If your domain name license is cancelled for any reason, under these terms or registry operator requirement; a third party may register the domain name instead of you and you release us from any claim arising from the cancellation.

21.15 Back Order Service

The Back Order service is supplied with the intention to monitor your back ordered domain name, and register the back ordered domain name on your behalf upon it becoming available through the respective registry. The domain will only become available if it is no longer registered – either because the previous registration has expired without renewal, or the domain name was deleted. All Back Order applications are subject to the full terms and conditions contained within this document.

Placing a Back Order does not in any way guarantee that the specified domain name will be registered to you at any time. We will make every effort to secure domain registration, subject to these terms (or the terms contained within this entire document). It is possible that the specified domain name will never become available for registration. This means that your Back Order may never be successful, no matter how long you retain the Back Order.

Upon application, the specified domain name will enter our Back Order system. Back Orders will be placed on a first come, first serve basis. Other clients of ours may place Back Orders for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing Back Order for the specified domain name.

Cancellation – A Back Order can be cancelled at any time however no refund for funds paid, either in full or pro rata shall be given where the service supplied to you is functioning.

By placing a Back Order application you agree to:

  • Indemnify and refrain from holding us responsible or liable in any way whatsoever if we are unable to register your Back Order application and specified domain name; and
  • Abide by all terms, conditions, process and policies described within our full Service Agreement

Your Back Order is only valid for the period which commences from the date that your Back Order request is accepted by us and terminates on the expiration date of your Back Order service. It is entirely your responsibility to ensure the renewal of your Back Order service. Failing to renew your Back Order service prior to the expiration date may forego any priority for a domain name Back Order in the situation where several Back Order applications have been made for the same domain name.

21.16 Domain Pre-Registration

The Domain Pre-Registration service is available to register your intent to register a domain name. The domain will only become available once the TLD is available from Value Webs. We do not guarantee registration of your domain name at any stage of the pre-registration. Once the TLD becomes available from Value Webs you will be contacted via email regarding pricing and registration terms.

Once you domain is available for registration, registrations will be placed on a first come, first serve basis. Other clients of ours may place pre-registrations for the same domain name. The first application will be treated with 100% priority. We may, or may not disclose that there is an existing pre-registration for the specified domain name.

You understand other companies may have the same domain name on backorder in which case the domain may be taken. You understand we will try and get this domain name but there is no guarantee the domain will be available.

You understand we cannot guarantee if and when your domain will become available. Once the TLD becomes available in the future we will notify you via email.

Upon pre-registering a domain name you agree to compfy with all of the associated registry rules and conditions once your domain is purchased.

Cancellation – A pre-registration can be cancelled at any time. Pre-registration is a free service so no refunds will be issued.

21.17 Releases and indemnities

This clause is in addition to any other release or indemnity that you give us under this agreement and any of the relevant registry operators’ policies and agreements.

You indemnify us against any dispute between you and any third party with respect to any service offered by us.

You must indemnify, defend and hold us harmless in relation to all disputes on any domain name, its registrar, registry operator (e.g. AusRegistry for .au domains, Verisign Inc for .com domains)

You must indemnify, defend and hold all of our directors, officers, employees, agents and affiliates from and against any/all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relation to the provision and use of our services

Each indemnity and release given to us or any other party under this agreement survives the termination or expiration of any service agreement.

21.17.1 Limitation on liabilities

This agreement does not exclude some laws. Such laws may provide rights and remedies that cannot be changed or excluded by this agreement;

  • We exclude all implied conditions and warranties, except any implied conditions and warranties, except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this Agreement to be void (“Non-excludable Condition”).
  • The liability of us to you for breach of any express provision of this Agreement or any Non-excludable Condition is limited, at the option of us, to refunding the price of the services in respect of which the breach occurred or to providing those services again (except for services of a kind ordinarily acquired for personal domestic or household use or consumption, in respect of which the liability of us is not limited under this Agreement).
  • We are not liable for any failure to perform, or delay in performing, its obligations under this Agreement due to anything beyond its reasonable control. If that failure or delay exceeds 48 hours, you may terminate this Agreement with immediate effect by notice in writing to us.
  • You shall not hold us liable for any loss of privacy, provision of inaccurate information of advice, or damage to your computer systems or files, which may at any time result from your use of the Services. You understand that the email can be read in transit.
  • You accept sole legal responsibility for any messages, file, data or other form of communication which you may from time to time add to or transmit via the Services or receive in any manner whatsoever, and absolve us from any such legal responsibility in this regard.

You understand and agree that opinions, advice, services and all other information expressed on the Internet are those of the provider and not of us. We exercise no control whatsoever over the content of the information passing through the Services.

21.17.2 Registrant Authority

We may act on instructions or requests from a person who to us appears to be the registrant or person acting under authority of the registrant, without being under any obligation to do so having lodged notice of dispute as to the authority of that person.

You release use from any claim arising from action affected with relation to this clause.

21.18 General terms for domain names

21.18.1 Registry requirements

Each registry operator has terms and conditions, policies and requirements covering the registration, renewal, dispute resolution, and transfer of domain name licenses.

Each registry operator may impose new or amended terms and conditions, policies or requirements that take effect immediately.

Some registry requirements are set out in this service agreement, others are cross-referenced. A registry operator may have or introduce new ones.

You are responsible for familiarizing yourself with all registry requirements, whether or not they are included or referenced in this service agreement.

You apply for, and accept, registration for any domain name subject to all applicable registry requirements from time to time.

You release us from any claim arising from registry requirements or anything we do under them.

We are unable us to enforce registry requirements against third parties.

21.18.2 Domain name licensing

The issue of a domain name license entitles you to status of licensee for the domain name. A domain name is not an item of property and has no ‘owner’. It is classed as an entry on the database of the registry operator.

The terms application, registration, activation, transfer of (and so on) a domain name merely reflect the application, registration, activation, transfer of (and so on) a domain name license.

A domain name license is subject to its license terms. It may not be used in breach of those license terms, many of which are registry operator (and their relating bodies) requirements, beyond our control.

Ownership of all copyright and database rights is kept by the registry operator.

You should not rely on the continued provision of a domain name license as evidence of a grant or renewed grant of permission to the use of the same. It is your responsibility to ensure a domain name license is within bounds of registry operator (and their relating bodies) requirements. You hold full responsibility for the renewal of domain name licenses.

21.18.3 Domain name application

In order to apply for a domain name license, you must:

  • Complete our application form in full.
  • Read and agree with our service agreement.
  • Submit the appropriate registration fee.
  • Satisfy any requirements pertaining to the domain name license being applied for, and any other requirements notified by us.

Submission of an application does not assure you of a domain name license, even if a preliminary check indicates domain availability.

Your application’s success is fulfilled only if:

  • Full registration fee has been paid and all cheques honoured by your bank and confirmed by our accounts department.
  • Your application complies with the association requirements and policies of the applicable registry operator.
  • The applicable registry operator approves your application and permits the issue of domain name license.
  • We have notified you in writing of the final approval of your application.

You acknowledge that the registry operator reserves the right to reject registrations at any time. You may not assume the success of your application nor take any steps or outlay any further investment on the assumption that your application was successful. In any event, We shall not be responsible for any losses and damages that you may have suffered in reliance of your belief that your application would be successful.

21.18.4 Domain name registration period

A domain name license has a fixed period once activated.

Some domain name licenses have a choice of periods, some are fixed. Our application form will indicate the periods available for application. The domain name license period (pending its approval) will be that applied for.

21.18.5 Registration renewal

You may renew your domain name license in accordance with these terms and those of the relevant registry operator.

You are solely responsible for renewing your domain name license. If you fail to do so prior to the end of previous license term your domain may become available for registration by third parties.

You release us from any potential claim arising from your failure to renew a domain name license.

We may elect to send notification of pending renewal as a courtesy, however:

  • We are never obliged to do so.
  • You have no claim against us if we do not provide notification, or if notification does not reach you. It is your sole responsibility to ensure your electronic contact method is correct, active and fully functional.

You are not obliged to renew your domain name license, nor pay any fees associated, unless you choose to do so.

If you choose to renew your domain name license you shall:

  • Agree to any fees required as directed.
  • Agree to the latest service agreement as well as any related policies or requirements listed by the relevant registry operator.
  • Indicate the period for renewal from the available renewal periods as specified by us.

A renewal is only successful if:

  • The renewal fee has been paid and honoured.
  • Your renewal complies with the services agreement, polices and requirements of us and the relevant registry operator.
  • The relevant registry operator approves the renewal request.
  • We have notified you in writing that your application for renewal has been approved.

The period of your renewed domain name license is taken to commence from the date of expiry of your previous license.

21.18.6 Registration transfer

You are able, at various times to process a change of your domain name license. These times are strictly limited to those mentioned within this document which includes the policies and requirements of the relevant domain registry(s).

21.18.8 Registrant transfer

A registrant transfer transfers ownership of a domain name license from one registrant to another. A registrant transfer consists of a transferor (old registrant) and a transferee (new registrant).

In order to successfully complete registrant transfer you must:

  • Provide to us a complete Domain Transfer of Ownership form, as available on our website. The information on this form must be correct, valid and satisfy the requirements set out by the related registry operator.
  • Ensure that the transferor pays any outstanding fees owing to us.
  • Pay any specified fee’s relating to the process of a registrant change.
  • Supply satisfactory documentation identifying both the transferor and transferee.
  • Ensure that the Transferee, in accordance with the Domain Transfer of Ownership form acknowledges the entry of this service agreement, our policies, and any requirements/policies of the related registry operator.

The transferor releases us from any claims arising under or in relation to this agreement, their domain name license or its transfer as soon as the transfer is affected.

21.18.9 Registrar transfer in

You are able (subject to policy of the relevant registry operator) apply for the transfer of a domain name license from another domain registrar (company) to ours. A registrar transfer to us is treated as an application for registration in that all clauses in this document are equally applicable. By applying for registrar transfer you agree with this service agreement and any policies as listed by us or the relevant registry operator.

21.18.10 Registrar transfer out

As you are able to process a registrar transfer to us, you are also able to apply for a registrar transfer to another company. A transfer out is governed by the clauses of this document with reference to the specific section which pertains to the domain name which you are applying to transfer (.e.g. .com, .au, etc).

21.18.11 Domain Redemption

Upon expiry of a domain name, the registrant is able to renew the domain within 30 days of expiry, stopping it from deleting any DNS records. In the event the domain name is not renewed within 30 days, the domain may be stored for a Redemption period by the domain name registry. A registry may store a domain name for a 30 day Redemption period. In order to recover a domain name during the Redemption period, registrants must apply to Value Webs to have the domain name reinstated at least 10 days prior to the end of the Redemption period. Upon expiry of the Redemption period domain names enter a PENDINGDELETE phase for 5 days where they cannot be recovered by registrants or registrars. The domain name is then deleted and made available for re-registration. Application to renew a domain name during the Redemption period incurs a fee which is collected by Value Webs on behalf of the registry. This fee includes the first year renewal of the domain name. Some registries do not have a Redemption period. To enquire whether a Redemption period applies contact Value Webs.

For more information on the lifecycle of a domain name, see http://www.icann.org/en/resources/registrars/gtld-lifecycle

21.19 Search engine optimisation

You acknowledge that we do not have direct control over search engine placement. We use our best endeavours to maintain a high position for your web site, no ongoing guarantee of placement position is made or implied.

We guarantee a Google listing within 8 weeks of application to our SEO product. This guarantee is dependent on:

  • The provision of valid, correct and up to date information
  • The satisfactory completion of the forms, steps and recommendations

We reserve the rights to deny refund should we deem unsatisfactory completion of the above.

21.20 Liability and indemnity

You expressly and irrevocably agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us, by a third party resulting from the provision or use of Services, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

TO THE MAXIMUM EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN.

You expressly and irrevocably agree that our total aggregate liability to you for any proven losses, damages and claims in connection with the provision or use of Services or this Agreement, including liability for breach of contract, negligence, tort, or any other common law or statutory action, shall be limited to the charges paid to us by you in respect of the Services which are the subject of any such claim. You agree to defend, indemnify and keep indemnified and hold us harmless from any:

  • loss of business, contracts, profits or anticipated savings;
  • other indirect or consequential or economic loss whatsoever;
  • loss of data or inability to retrieve data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries, and any service interruption not caused by us;
  • injury to person or property allegedly caused by any products sold or otherwise distributed in connection with us;
  • negligence, misconduct, or breach of this agreement by you;
  • incomplete, inadequate or otherwise problematic use of any Services by you;
  • omission or failure by you to obtain appropriate advice, including legal advice, in respect of any Services or this Agreement prior to making a purchase;
  • incomplete, inadequate or lack of knowledge and experience necessary for use of any Services;
  • allegation that your account infringes a third person’s copyright, trademark, or intellectual property right, or misappropriates a third person’s trade secrets due to the information you have provided us, and
  • damages including but not limited to indirect, special, incidental, consequential or exemplary damages allegedly arising out of, resulting from, incidental to, or in connection with this Agreement or Services.

You understand that should we be notified of pending legal action, we may seek written confirmation from you concerning your obligation to indemnify us under this Agreement in accordance with these terms, and you expressly and irrevocably agree that failure to provide such confirmation may be considered a further breach of this Agreement.

Where to do so is unlawful under any Act falling under the governing law of this Agreement, nothing contained in this Agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this Agreement and the Services and you. To the full extent permitted by law, where the benefit of a non-excludable condition, warranty or other obligation is conferred upon you pursuant to an Act falling under the governing law of this Agreement, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to either the supplying of the service/product again or payment of the cost of having the service/product supplied again.

You expressly and irrevocably agree that this clause survives the expiry and/or termination of Services or this Agreement.

Should any part of these terms be made invalid by relevant legislation, that wording shall be deemed to be omitted and the remainder of the terms shall remain in force.

22 Web Hosting

This entire clause 22 relates to the Web Hosting Product.

22.1 Representations by us

22.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 22.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 22.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

22.1.2 Setup

It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:

  • Payment is not cleared or received in full.
  • We believe the order, information or payment is fraudulent.
  • You have any funds outstanding with relation to any other account.
  • The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
  • There is any other reason which we deem satisfactory.

We may send notification of hosting activation however:

  • Your contact details must be correct and up to date.
  • This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.

You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.

22.1.3 Service Levels

We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:

  1. We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
  2. We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
  3. We may, at our discretion provide notification of outages whether planned or unplanned.
  4. You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.

22.1.4 Third Party Services

We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.

22.2 Refunds

22.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable ‘rejection period’ of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. We believe you have breached your agreement with clause 4.1.1(a), (b) and (c) in any way;
    3. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    4. We believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 22.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

22.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 22.2.1 of this Agreement.

22.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement.
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 22.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.

22.4 Web Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

  • Non-payment or failure to renew service.
  • Chargeback/reverse of payment.
  • If we have reason to believe you are not using the services in accordance with this service agreement.
  • If a competent regulatory authority/body requires us to do so.
  • At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

  • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
  • If you do not comply with our breach notice.

You release us of any claim arising from suspension, cancellation or termination of any service.

23 Email Hosting

This entire clause 23 relates to the Email Hosting and/or Email Exchange Product.

23.1 Representations by us

23.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 23.1.2;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 23.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

23.1.2 Terms/Representations

  1. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
  2. Filtering. Our servers use certain services designed to filter unwanted email, such as spam, phishing scams, and email infected with viruses. You acknowledge that the technological limitations of the filtering service will likely result in the capture of some legitimate email, and the failure to capture some unwanted email, including email infected with viruses.
  3. Delivery Failures. Our service will use commercially reasonable efforts to deliver your email messages. Third party filtering services may from time to time prevent successful delivery of your messages.
  4. You hereby release Value Webs and its employees, agents, suppliers, and affiliates from any liability or damages arising from the failure of Value Webs’ filtering services to capture unwanted email or from a failure of your email to reach its intended recipient as a result of a filtering service used by the recipient or the recipient’s email service provider, apart from any rights and remedies you may have under law in relation to Non-excludable Rights.
  5. Memory Limitations. Mail that exceeds the storage limit when received may be permanently lost. You may adjust the storage capacity of your individual mailboxes via the control panel, and it is your obligation to monitor and adjust the storage capacity of individual mailboxes as needed. An individual email message that exceeds the per-message size limit may also be permanently lost. As of December 2013, the per message size limit is 25MB.
  6. Backups. Value Webs performs data backups on a “snap shot” basis at a specific moment. Therefore Value Webs may not create a backup of every item that is sent, received or stored. The backup will only capture those items (including mailboxes and public folders) that are present during the time of the backup. Data on backups may be retrieved only for a limited number of days.
  7. Bulk Mail. You may not use the Mail Services to send Bulk Mail except via a Value Webs approved mail marketing service. You may not send bulk or commercial mail that has a Value Webs Mail Service return address or references a Value Webs Mail Service address, unless approved by Value Webs in advance. You may not intentionally use your Mail Service for the purpose of receiving bulk mail from others. For example, you may not submit any Mail Service email address to a “Safelist” or “Free for All” list.
  8. Unsolicited Mail. You may not send email to anyone with whom you do not have a pre-existing relationship, unless the recipient has published or otherwise provided his or her email address in a manner which implies consent to receive the email.
  9. System Abuse. You may not use the Mail Services in a way that creates technical disturbances for other Value Webs mail customers or for the Value Webs systems generally. Specifically, but without limitation:
  10. No Shared Mailboxes. Each mailbox may be used by one natural person at a time. Attempts to log into a single mailbox simultaneously from more than one computer are prohibited. You may not use automated tools such as “Fetchmail” or “Microsoft Exchange Connector” to virtualize one mailbox into multiple mailboxes;
  11. Automated Use. Mailboxes are not designed for automated use, such as sending email from web servers, or receiving email from automated programs. Such use is permitted provided that you do not violate this Agreement or disrupt the normal operation of the mail system, but we do not provide technical support for this type of use.
  12. Migration Services. At your request, we will provide an advance estimate of fees based on the information you provide to us. However, you acknowledge that our fee will be calculated on the basis of the actual number of mailboxes and amount of data migrated and may exceed the estimate. You acknowledge that after we begin the migration services we may discover technical limitations related to the configuration of your data that prevent us from successfully completing the migration. We will not charge you a fee if we are unable to successfully migrate your data. You acknowledge that there is a special risk that data will be lost during a migration. You agree that you will create a reliable back up of all data to be migrated prior to the time that we begin the migration. You agree that we are not liable to you for damages resulting from the loss or corruption of your information as part of the migration.
  13. Domain Name Services. If you register, renew or transfer a domain name through Value Webs, Value Webs will submit the request to its domain name services provider (the “Registrar”) on your behalf. Value Webs’ sole responsibility is to submit the request to the Registrar. Value Webs is not responsible for any errors, omissions or failures of the Registrar. Your use of domain name services is subject to the applicable legal terms of the Registrar posted on their website. You are responsible for closing any account with any prior reseller of or registrar for the requested domain name, and you are responsible for responding to any inquiries sent to you by the Registrar. Value Webs may make changes to DNS zones and records on Value Webs operated DNS servers as we deem necessary.

23.2 Refunds

23.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable ‘rejection period’ of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
  9. Your request for refund will be denied where:
    1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    2. we believe you have breached your agreement with clause 23.1.1(a), (b) and (c) in any way;
    3. we have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    4. we believe the request is fraudulent.
  10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
  11. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 23.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

23.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 23.2.1 of this Agreement.

23.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement.
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 23.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.

23.4.1 Email Hosting cancellation

We hold the right to suspend/cancel/terminate any hosting service for any of the following:

  • Non-payment or failure to renew service.
  • Chargeback/reverse of payment.
  • If we have reason to believe you are not using the services in accordance with this service agreement.
  • If a competent regulatory authority/body requires us to do so.
  • At our sole discretion.

Service provision may also be suspended/cancelled or terminated:

  • If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
  • If you do not comply with our breach notice.

You release us of any claim arising suspension, cancellation or termination of any service.

24 Web Design & Logo Design Agreement

This entire clause 24 relates to the Web Design and/or Logo Design product.

24.1 Representations by us

24.1.1 Application of these Terms in respect of representations

You acknowledge and irrevocably agree that

  1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, particularly clause 24.0;
  2. You can only expect Services in accordance with the terms of this Agreement, and
  3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 24.0, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

24.1.2 Services

Logo & Web Design services are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Logo & Web Design Services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief.

Each package has an allocated number of concepts and revision rounds. Further revisions or concepts will only be available by upgrading to the higher package or purchasing relevant upgrade products.

Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 9AM to 5PM with the exception of public holidays (all states, provinces and territories). You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.

24.1.3 Creative Brief and Responses

You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines.

We are under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a Creative or Revision Brief.

When you are provided with a Revision, you are responsible for reviewing the Revision. If you fail to promptly advise that the Revision is not reasonably responsive to the Creative Brief, you will be deemed to have accepted the Revision.

If you notify us that you think a Revision is not reasonably responsive to the related Creative Brief, you shall then submit to us a Revision Brief containing information regarding amendments or modification to be made to the initial Response.

24.1.4 Revisions

The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.

24.1.5 Maintenance

We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.

We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.

24.1.6 Content

Web Design content is to be 100% supplied and installed by you. We will not, under any circumstances install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content. It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.

24.1.7 Technical Information

Colours: The default colour model for our logos is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.

Logo Design File Format: The source file will be in Adobe Illustrator (.ai) format. The fonts will be converted into outlines.

Other formats sent will be JPEG, TIFF, EPS, GIF and PDF. Additional formats can be required upon request.

Web Design File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies.

24.1.8 Rights to Use

Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the Service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.

Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.

Logo Design: Subject to your compliance with these terms, you shall own the final the revision composition provided to you by us. You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final revision as set by your purchased plan. We expressly reserve all right, title and interest in and to the same. You acknowledge and hereby grant to us a royalty-free, irrevocable exclusive worldwide right to use Creative and revision briefs, individual responses provided to you, and final revision for internal and archival purposes, and in order to display and promote our services. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these terms are limited to the final revision, and that no trademarks or service marks in or to any final revision are being conveyed under these terms. You hereby acknowledge that we shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the final Revision. Furthermore, you acknowledge that we shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the final revision, nor shall we be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the final revision.

Web Design: Ongoing service is solely dependent of your active subscription to the Web Design service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorized copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.

24.1.9 Third party

We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.

24.1.10 Loss of service

This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content.

24.2 Refunds

24.2.1 Agreement

You expressly and irrevocably agree that:

  1. It is your responsibility to ensure that Services are utilized to their full potential;
  2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
  3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
  4. We are not obliged to provide refunds for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer a refund only if a cancellation request is filed within 72 hours, being the reasonable ‘rejection period’ of the purchase application being made;
  5. We may choose, on your request to downgrade an account however no refund will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
  6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
  7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
  8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
    1. Your request for refund will be denied where:
    2. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
    3. We believe you have breached your agreement with clause 24.2.1(a), (b) and (c) in any way;
    4. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
    5. We believe the request is fraudulent.
  9. We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision; and
  10. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 24.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.

24.2.2 Process of claiming refund

In order to claim a refund, you undertake to clearly request a refund (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund is subject to clause 24.2.1 of this Agreement.

24.3 Suspension & cancellation

You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:

  • You have any outstanding invoice or account.
  • Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
  • You fail to comply with any provision in this agreement or those referenced in this agreement.
  • There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
  • We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
  • We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.

Any suspension or cancellation is subject to clause 24.2.

If your account is cancelled under this agreement:

  • You must pay all outstanding charges to us immediately.
  • We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
  • We may immediately delete all data held prior to cancellation.
  • We may perform any action without notice.

Privacy Policy

In an effort to protect our clients’ and site visitors privacy and rights, Value Webs has established a Privacy Policy which explains what information we gather on visitors and what we do with information that we gather.

This Privacy Policy governs the manner in which Value Webs collects, uses, maintains and discloses information collected from users of this Web site (each, a “User”).

Privacy

Users’ privacy is very important to Value Webs. We are committed to safeguarding the information Users entrust to Value Webs.

The Information We Collect

Value Webs collects personally identifiable information from Users through online forms for ordering products and services. We may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We use “cookies” to track how Users use our Web site.

How We Use Information

Value Webs may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Value Webs and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with Value Webs and such affiliates, independent contractors and business partners. At no time will Value Webs’ database of users ever be sold to any entity for the purpose of marketing or mailing lists. Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgment, we are obligated to do so under applicable laws.

Intellectual Property Rights


“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

We’ll own the website we design for you plus the visual elements that we create for it. We own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them. We’ll own any intellectual property rights we’ve developed for, prior to, or separately from this project. We’ll own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity for your project only, unless we agree otherwise.

Value Webs own the intellectual property rights of all source files and finished files, unless agreed upon by us.