Website Hosting Terms & Conditions

These Terms of Service (the “Agreement”) are an agreement between WebSited.com.au (“WebSited” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by WebSited and of the WebSited.com.au website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

1. Additional Policies and Agreements
   1. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
      1. Privacy Policy
      2. Acceptable Use Policy
      3. Copyright Infringement Policy
   2. Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. Account Eligibility
   1. By registering for or using the Services, you represent and warrant that:
      1. You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
      2. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
   2. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. WebSited is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the WebSited Billing and Support System. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
   3. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
   4. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
3. Transfers Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall WebSited be held liable for any lost or missing data or files resulting from a transfer to or from WebSited.
   You are solely responsible for backing up your data in all circumstances.
4. WebSited Content Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “WebSited Content”), are the proprietary property of WebSited or WebSited’s licensors. WebSited Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any WebSited Content. Any use of WebSited Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any WebSited Content. All rights to use WebSited Content that are not expressly granted in this Agreement are reserved by WebSited and WebSited’s licensors.
5. User Content
   1. You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to WebSited that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.You are solely responsible for backing up your data in all circumstances.
      

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      Solely for purposes of providing the Services, you hereby grant to WebSited a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, WebSited does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

   2. WebSited exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through WebSited’s computers, network hubs and points of presence or the Internet. WebSited does not monitor User Content. However, you acknowledge and agree that WebSited may, but is not obligated to, immediately take any corrective action in WebSited’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that WebSited shall have no liability due to any corrective action that WebSited may take.
6. Third Party Products and Services
   1. Third Party ProvidersWebSited may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
      

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      WebSited does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. WebSited is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

   2. WebSited as Reseller or Licensor WebSited may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-WebSited Products”). WebSited shall not be responsible for any changes in the Services that cause any Non-WebSited Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-WebSited Products, either sold, licensed or provided by WebSited to you will not be deemed a breach of WebSited’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-WebSited Product are limited to those rights extended to you by the manufacturer of such Non-WebSited Product. You are entitled to use any Non-WebSited Product supplied by WebSited only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-WebSited Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-WebSited Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
   3. Third Party Websites The Services may contain links to other websites that are not owned or controlled by WebSited (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
7. Prohibited Persons (Countries, Entities, And Individuals).The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, WebSited also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any Sanctioned Country.
8. Account Security and WebSited Systems.
   1. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
   2. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. WebSited may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
   3. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. WebSited may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
   4. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by WebSited of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, WebSited may clean-up your account for an additional fee.
   5. WebSited reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
9. HIPAA Disclaimer. We are not “HIPAA compliant.”You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. WebSited does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that WebSited is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected].
10. Compatibility with the Services
    1. You agree to cooperate fully with WebSited in connection with WebSited’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, WebSited is not responsible for any delays due to your failure to timely perform your obligations.
    2. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by WebSited to provide the Services, which may be changed by WebSited from time to time in our sole discretion.
    3. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. WebSited does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
11. Billing and Payment Information
    1. Prepayment.It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
    2. Autorenewal.Unless otherwise provided, you agree that until and unless you notify WebSited of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
    3. Taxes.Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to WebSited’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
    4. Late Payment.All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, WebSited may suspend or terminate your account and pursue the collection costs incurred by WebSited, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. WebSited will not activate new orders or activate new packages for customers who have an outstanding balance on their account.Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact WebSited directly after you make a late payment to reactivate the dedicated server.
    5. Domain Payments.It is solely your responsibility to notify WebSited’s Billing department via a support ticket created from http://hosting.WebSited.com.au after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and WebSited is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
    6. Fraud.It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. WebSited may report any such misuse or fraudulent use, as determined in WebSited’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
    7. Invoice Disputes.You have ninety (90) days to dispute any charge or payment processed by WebSited. If you have any questions concerning a charge on your account, our billing department directly for assistance.
12. Money-back Guarantee
    1. Dedicated Servers.There are no refunds on dedicated servers. The forty-five (45) day money- back guarantee does not apply to dedicated servers.
    2. Managed shared, VPS and Reseller Services.WebSited offers a forty-five (45) day money- back guarantee for WebSited’s managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within forty-five (45) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
13. Cancellations and Refunds
    1. Payment Method.No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
    2. Money-back Guarantee.If an account with a forty-five (45) day money-back guarantee is purchased and then cancelled within the first forty-five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request to the WebSited Support Team (the “Refund Request”) within ninety (90) days of such termination or cancellation (“Notice Period”), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to WebSited for the initial term (“Money-Back Guarantee Refund”); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 13. Requests for these refunds must be made in writing to the WebSited Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
    3. Refund Eligibility.Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
    4. Non-refundable Products and Services.There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at WebSited’s sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    5. Cancellation Process.You may terminate or cancel the Services by giving WebSited written notice via [email protected] . In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) WebSited may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation for first-time accounts only. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
       

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       Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled.

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       Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.

    6. Domains.Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify WebSited’s Billing department via a support ticket created from http://hosting.WebSited.com.au to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
    7. Foreign Currencies.Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in AUD and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and WebSited is not responsible for any change in exchange rates between the time of payment and the time of refund.
    8. TerminationWebSited may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm WebSited or others or cause WebSited or others to incur liability, as determined by WebSited in our sole discretion; (iv) your conduct is deemed to be threatening or harassing to Web Sited or others in our sole discretion; or (v) as otherwise specified in this Agreement. In such event, WebSited shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, WebSited may charge you for all fees due for the Services for the remaining portion of the then current term.UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED WITHOUT NOTICE.
14. CPU, Bandwidth and Disk Usage
    1. Permitted CPU and Disk Usage.All use of hosting space provided by WebSited is subject to the terms of this Agreement and the Acceptable Use Policy.
       1. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. WebSited expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. WebSited may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of WebSited’s terms and conditions.
       2. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
    2. Bandwidth Usage.Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
15. Uptime Guarantee.If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of WebSited and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit http://hosting.WebSited.com.au to create a support ticket to our Billing department with justification [within thirty (30) days of the end of the month for which you are requesting a credit]. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.
16. Dedicated ServersWebSited reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. WebSited reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. WebSited will not be liable for any loss of data resulting from such deletion.
17. Price Change WebSited reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by WebSited through the user billing tool or through other methods of communication, including notices sent or posted by WebSited.
18. Coupons Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
19. Limitation of Liability IN NO EVENT WILL WebSited ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WebSited IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WebSited’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WebSited FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
20. Indemnification You agree to indemnify, defend and hold harmless WebSited, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
21. Arbitration By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by WebSited and will be held at the AAA location chosen by WebSited in Victoria. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, WebSited will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and WebSited alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against WebSited in violation of this paragraph, you agree to pay WebSited’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
22. Independent Contractor WebSited and User are independent contractors and nothing contained in this Agreement places WebSited and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
23. Governing Law; Jurisdiction Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Victoria. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
24. Disclaimer WebSited shall not be responsible for any damages your business may suffer. WebSited makes no warranties of any kind, expressed or implied for the Services. WebSited disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by WebSited or our employees.
25. Backups and Data Loss Your use of the Services is at your sole risk. WebSited’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. WebSited is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on WebSited’s servers.
    

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    Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

26. Limited WarrantyTHE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WebSited AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. WebSited AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. WebSited AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
27. Disclosure to Law Enforcement WebSited may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
28. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
29. Headings.The headings herein are for convenience only and are not part of this Agreement.
30. Changes to the Agreement or the Services
    1. WebSited may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the WebSited website for at least thirty (30) days after the changes are posted. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
    2. WebSited reserves the right to modify, change, or discontinue any aspect of the Services at any time.
31. SeverabilityIf any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
32. WaiverNo failure or delay by you or WebSited to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
33. Assignment; SuccessorsYou may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of WebSited. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. WebSited may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
34. Force MajeureNeither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
35. Third-Party BeneficiariesExcept as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.

Website Design Terms and Conditions

• 1. Payment:
  • 1.1. Clients are required to complete a web design application form, and make payment or first payment in the case of an installment arrangement, before any work is commenced.
  • 1.2. Where additional design work is required outside of the original scope of any quote provided, additional charges will be incurred and a new quote issued.
  • 1.3. Clients may pay via money order, cheque, direct deposit, direct debit or credit card (VISA, Mastercard or Bankcard.) Please view our Privacy and Security Policy for credit card payments.
  • 1.4. Payment via credit card or direct debit may be made in up to 3 monthly instalments with no additional fee.
  • 1.5. Where a 12 month payment plan is required by credit card or direct debit, an additional processing fee of 10% will be charged on top of the invoice total.
  • 1.6. Where Clients provide credit card details for payment via installments, the client expressly agrees to allow WebSited to automatically charge the credit card for any installment or monthly fee during the term of the application.
  • 1.7. WebSited reserves the right to alter charges at any time without notice. Where a Client has already signed an application form for particular services these will not be subject to an increase, but any subsequent work will incur the new fees.
  • 1.8. If you are purchasing a ‘Website Done for You’ (WDFY) subscription, you are purchasing a subscription for a minimum of 12 months. Paying by installment does not entitle or allow you to cancel your a ‘Website Done for You” (WDFY) subscription in that period.  You remain liable for the full cost of the subscription until the full 12 monthly payments have been completed. At the end of the contract term, your contract will automatically renew for on a monthly basis until explicitly cancelled by you. Cancellation must be issued in writing to [email protected] with 90 days notice to allow for adequate processing time.
• 2. Cancellation
  • 2.1. WebSited reserves the right to cancel the web design agreement where Client has not paid as agreed, or payment is over 2 weeks late.
  • 2.2. If an client chooses to cancel website in whole or part at any time, there will be a cancellation fee of 30% of the invoice total.
  • 2.3.  When cancelling a “Website Done for You” (WDFY) subscription after the first 12 month period, you have the right to move your account to another host and agree to pay the full transfer fee of $500 to package up your account. If you do not wish to take your website with you, there is no fee.
• 3. Provision of Content
  • 3.1. It remains the responsibility of the Client to provide all required graphic and text elements for the creation of the website within 4 weeks. If all content is not received by a maximum of 8 weeks following application the project is closed and no refunds are provided.
  • 3.2. It is the responsibility of the Client to ensure that all material supplied is the property of the Client and free of copyright restriction.
  • 3.3. Upon receipt of elements WebSited will advise of the Expected Completion Date. WebSited will use its best efforts to complete work by the completion date, however timeline may be compromised based on time taken to provide concept approval and rounds of feedback. Therefore completion by the Expected Completion date is not guaranteed.
• 4. Design and Approval
  • 4.1. WebSited will provide up to 2 distinct design concepts to Clients for feedback.
  • 4.2. Clients may make up to 2 rounds of changes to one of the concepts issued. Any further changes required after these rounds will incur additional charges.
  • 4.3. Unless otherwise arranged with your contact, clients have a maximum of 2 weeks between rounds of changes at concept and design stage, after which you are not entitled to further changes and charges will be incurred.
  • 4.4. It is the responsibility of the Client to thoroughly check all elements of their built website.
  • 4.5. If WebSited receives no response to our communications or cannot reach the client over a period of more than 6 weeks the design project is abandoned, and considered closed. No further work shall be performed and a new quote on following work will be issued.
  • 4.6. All original graphics designed and supplied by WebSited remain the property of WebSited until the client’s account has been paid in full, at which time ownership and copyright of graphics will reside with the Client.
• 5. General
  • 5.1. WebSited reserves the right to alter or change any of the terms and conditions at any time.
  • 5.2. WebSited will browser test websites in the most common browsers, but cannot accept responsibility for page which do not display acceptably in new versions of browsers released after pages have been designed.
  • 5.3. WebSited will make every effort to best code pages for optimal search engine ranking. Search engine ranking results is complex and cannot be guaranteed. Please note that search engines commonly take a minimum of 6 weeks to pick up and rank web pages.
  • 5.4. All pages designed and produced by WebSited will display a hyperlink back to the WebSited.com.au to credit the design.
  • 5.5. WebSited reserves the right to display graphics and other web design elements as examples of their work in appropriate portfolios.
  • 5.6 WebSited will provide free support for one month only once your website is live.
  • 5.7 All maintenance requests will be charged at $165 per hour. This fee will be waived only if WebSited’s code is found to be at fault and has not been modified in any way by the client.
  • “Websites Done For You” Packages include 4 x 30minute blocks of Maintenance each month for text and image changes only. Additional coding, elements and modified website structure is classed as development and will be billed at $99 per  hour.
• Termination
  • WebSited may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm WebSited or others or cause WebSited or others to incur liability, as determined by WebSited in our sole discretion; (iv) your conduct is deemed to be threatening or harassing to Web Sited or others in our sole discretion; or (v) as otherwise specified in this Agreement. In such event, WebSited shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, WebSited may charge you for all fees due for the Services for the remaining portion of the then current term.UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED WITHOUT NOTICE.

• DEFINITIONS

  In this agreement the following terms shall have the respective meanings assigned to them: “Agreement”means these Terms and Conditions, Service descriptions, Terms of Use, Payment Terms and the Project Brief and any addenda. In the event of any conflict between the terms of this Agreement for the provision of Services, the details of the Project Brief shall prevail, except for payment terms where the Payment Schedule shall prevail;“WebSited” means WebSited , provider of online marketing solutions; “Client” means the Company that enters into an agreement with WebSited , its employees, agents, representatives and sub- contractors, to whom the Service is provided as set out in the Project Brief; “You” meansany visitor to the WebSited site;“Site” means the WebSited website at websited.com.au ; “Commencement Date” means the date of commencement of the Services as set out on the signed Project Brief; “Fees” means the amounts payable by the Client for the Services provided by WebSited as detailed in the Project Brief; “Initial Term” unless otherwise stated in Project Brief means either 180 days from Commencement Date for SEO contracts and 90 days from the Commencement Date for Google AdWords™ or Social Media advertising. “Payment Terms”means the agreed schedule of payments that the customer shall make to WebSited for the provision of services forming part of these Terms and Conditions; “Services” means the services that WebSited currently offers, details of which are on the WebSited website and the services to be provided by WebSited to the Client as specified in the Project Brief.

  GENERAL

  This Agreement is by and between WebSited , its Clients their heirs, assigns, agents and contractors and Users of WebSited’s website and is made effective as of the date of electronic execution. By accessing the WebSited website, you acknowledge and agree that you have read, understood, acknowledged and agreed to be bound by all the terms and conditions of this Agreement.

  TERMS OF USE

  1. LICENSE

  1.1 By offering this site for use, WebSited provides a worldwide, nonexclusive, nontransferable, revocable, limited license to access and make personal use of the information and services on this website, strictly subject to and in accordance with these Terms. WebSited reserves the right to amend or terminate this license at any time and for any reason.

  1.2 Failure to comply with these Terms may result in automatic termination of this license, without prior notice. Except for the limited license set forth in these Terms, WebSited does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary materials.

  1.3 The WebSited name and logos are registered trademarks and may not be used without our written consent. You agree that all the materials displayed on or available through this website, including without limitation any and all names, logos, data, information, graphics, underlying software, displayed on or available from this website are protected by copyright, trademark and other intellectual property laws and are available for your personal use only. In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for your personal, non-commercial use only.

  1.4 You must not copy, modify, alter, download, publish, broadcast, distribute, sell or transfer any such materials unless expressly provided for in these Terms or with our express written permission. All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you and such information, content or images may be used solely in accordance with these Terms. All copyright and other proprietary notices contained in downloadable materials must be retained.

  2. LINKS TO OTHER WEBSITES

  2.1 Links to other websites are provided for your convenience. WebSited does not control these other websites and cannot be responsible for the content or accuracy of the information or other material on these websites. Unless expressly stated on this website, the provision of a link to an external website does not constitute an endorsement or approval of that website or any of the products or services on that website. You should seek independent expert advice if you have any concerns regarding what services, products or solutions may be suitable for you. WebSited will not be liable for any damages or injury arising from your access to such sites or content.

  3. LIMITATIONS ON USE OF SITE

  3.3 You agree to use the Site only for lawful purposes. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of our site, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.  In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent WebSited.

  TERMS OF SERVICE

  WebSited offers internet marketing services that include, but not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.

  1. QUOTE FOR PROVISION OF SERVICES

  1.1 All quotes supplied by WebSited are valid for 7 days from the date the quote is provided. WebSited may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.

  2. COMMENCEMENT OF SERVICES

  2.1 WebSited will send Client an email requesting additional information for the Project Brief. WebSited will commence work within fourteen (14) days after the date of receipt of information.

  2.2 WebSited will use its best endeavours to provide Service to Client within a reasonable timeframe. WebSited is not liable for delays to project or anticipated timeframes for delivery of service.

  3. PAYMENT TERMS

  3.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at WebSited’s discretion.  Invoices are payable within five (5) business days from the date of the invoice.

  3.2 Client may request a full refund within seven (7) days of remitting payment to WebSited, prior to work commencing.  Client acknowledges that no refunds are available once work has commenced on the Project Brief and additional requests for refunds will require Management review.

  3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. Client will be billed for each month for the maintenance fee until customer provides WebSited with a written cancellation request.

  3.4 If Client provides WebSited with their credit card information, you authorize WebSited to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with WebSited cancellation policy.

  3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorizes WebSited to arrange for account funds to be debited to your account.

  3.6 All payments to WebSited Pty. Ltd. will be made in AUD (Australian Dollar).

  4. LATE OR NON-PAYMENT

  4.1 If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of $50 will apply.

  4.2 For returned cheques due to insufficient funds, WebSited reserves the right to request alternate payment method.

  4.3 If payment has not been received after 30 days, this will result in termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.

  3. CLIENT OBLIGATIONS

  5.1 Client will provide WebSited with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as WebSited may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable WebSited to comply with its obligations under this Agreement.

  5.2 WebSited shall provide the Services during the continuance of this Agreement WebSited will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.

  5.3 Where the Service being provided requires, WebSited will liaise with the relevant web agency, hosting company or other third party in order to provide the Services.  WebSited shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in WebSited breaching its obligations under this Agreement.

  5.4 WebSited will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that WebSited have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.

  6. IMPLEMENTATION OF SEO SERVICE

  6.1 WebSited guarantees that Client’s website will appear on the first page of designated Search Engines within an agreed period of time of the Commencement Date. If WebSited is unable to achieve this ranking within that time period, WebSited agrees to provide further optimization services until such time when Client’s website is listed on the first page.

  6.1.1 Client acknowledges that WebSited may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their First Page Guarantee may be rendered void, to the discretion of WebSited.

  6.2 Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. WebSited will advise Client to which keywords guarantee applies.

  6.3 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of WebSited. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. WebSited will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.

  6.4 Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on WebSited and no refunds or discounts given.

  6.5 WebSited is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.

  6.6 WebSited is not responsible for the Client overwriting WebSited’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.

  6.7 WebSited follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:

  • duplicate sites, duplicate content or pages, redirects or doorway pages.
  • link farms or any spanning techniques which may harm the web site’s ranking with Google.
  • Increased traffic or sales
  • hidden links
  • automated web site submission software or websites

  6.8 Client acknowledges that WebSited will add an “SEO Services” by “WebSited” link to the footer section of each website they work on. This is WebSited’s branding and to remove it will cost $250.

  7. IMPLEMENTATION OF GOOGLE ADWORDS®

  7.1 WebSited shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.

  7.2 Client expressly permits WebSited to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. WebSited is not liable if Client’s account is rejected.

  7.3 WebSited acknowledges that Client owns the Google AdWords™ Account developed by WebSited. Upon expiration of the term of this agreement Client may retain the account and all its configuration.

  7.4 WebSited will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. WebSited is not liable for errors or omissions once the ads are deployed.

  8. FACEBOOK AND SOCIAL MEDIA ADVERTISING

  8.1 WebSited agrees to promote Client’s company on Facebook® and/or Social Media sites including but not limited to Twitter™, YouTube™, Digg™ and LinkedIn™ through targeted advertising campaigns per the agreed specifications set out in the Project Brief.

  8.2 Client agrees to provide WebSited with information (ad banners and web site links) within ten working days after the Commencement Date and further agrees that they will comply with any technical specifications provided to the customer by WebSited. Drafts will be sent to Client for approval before being submitted to the relevant site.

  8.3 Client agrees that any images to be used in advertisements will be supplied to WebSited. Client acknowledges that if images are not provided, additional design fees may be payable. WebSited will include these additional fees on the invoice.

  8.3 Client acknowledges that Facebook and other social media  sites reserve the right to refuse adverts at any time for any reason, whether or not the same has already been acknowledged and/or previously published, including but not limited to for reasons relating to the contents of the advertisement or any technology associated with the advertisement. WebSited will make every effort to create a substitute advertisement. If the advertisement is rejected due to content, WebSited shall require Client to supply new copy acceptable to aforementioned sites. WebSited cannot be held liable for rejection of ads by third party websites. Client acknowledges that if an advertisement previously accepted and displayed on a social media site is then subsequently removed by said site, prior to the end of the agreed period, that WebSited is not liable for this decision and no refund will be payable.

  9. LINK BUILDING

  9.1If requested WebSited shall provide the link building services as specified on the WebSited website and to the agreed specifications on the Project Brief.

  9.2 The number of links stated in the Project Brief is the number of links that WebSited will provide on the link building report. The number is correct at the point at which the report is generated and quality controlled, whereupon it will be emailed to the Client.

  9.3 WebSited offers no guarantee for the length of time each link will remain live after the point at which it has been confirmed and reported on the Customer link report.

  9.4 Client acknowledges that WebSited is not liable for the content of those sites. Use of any such linked web site is at the Client’s own risk.

  9.5 The inclusion of any link does not imply endorsement by WebSited of the site.

  9.6 Client acknowledges that linking to “bad neighborhoods” or receiving links from “link farms” can seriously damage all SEO efforts. WebSited does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

  10. COPYWRITING

  10.1 WebSited agrees to produce written material for inclusion on Client’s website upon the request of the Client and per the agreed specifications in the Project Brief.

  10.2 WebSited agrees that it will be the sole author of the work, which will be original work by WebSited copywriter, free of plagiarism. WebSited agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party

  10.3 Client may provide additional copy to WebSited. Client accepts full responsibility for all detail contained in the copy provided to WebSited and agrees to use reasonable care to ensure that all facts and statements in the work are true and that the work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party.

  10.4 WebSited acknowledges that Client has the right to edit the work in a time frame agreed upon in advance as it deems appropriate for publication, and that WebSited will cooperate with Client in editing and otherwise reviewing the work prior to publication.

  10.5 Client agrees that they are responsible for reviewing the final draft for accuracy to include spelling and grammatical errors, statements and assertions. WebSited is not liable for errors discovered after publication.

  11. WEB DESIGN AND DEVELOPMENT

  11.1 WebSited agrees to design and develop a website at Client’s request and will deliver the work by to the agreed specifications in the Project Brief.

  11.2 Client is solely responsible for preparing and posting detailed descriptions of each of its Project Briefs, including providing samples illustrating Client’s creative brief (“samples”), site structure, number of pages required, the applicable deadline, and other relevant terms and conditions. Client agrees to provide information to WebSited within 30 days of signing the agreed Project Brief.

  11.3 Client agrees to supply the WebSited with adequate photography or imagery to use in the design; or SEO may recommend a stock photography bundle to suit the project. Client acknowledges that an additional fee may be assessed for any stock photography we acquire.

  11.4 Client agrees that if it fails to deliver information or content to WebSited to enable development work to commence within thirty (30) days, that WebSited may at its discretion consider the project cancelled. Client also agrees that no refund would be payable under this circumstance and will not hold WebSited liable for subsequent breach of this Agreement.

  11.4 WebSited will send Client a “Web Draft” once work is completed. Client agrees to review and test website for grammatical, spelling, graphical errors and coding bugs. Client hereby agrees that it is their sole responsibility to notify WebSited of any such errors during the revision cycle and before the final files have been generated. Client agrees to provide feedback and revisions to WebSited within fourteen (14) working days after receipt of the draft.

  11.6 Client is responsible for acquiring and purchasing a domain name. WebSited may at its discretion advise Client on suitable names.

  11.7 Client hereby acknowledges that WebSited is not responsible for any errors, grammatical or otherwise found in submitted material Client provides towards the development of the website.

  11.10 WebSited agrees to resolve any errors or implement revisions requested by Client. Client agrees that a maximum of three revisions are available.

  11.11 Client acknowledges that any change requests after final approval has been given to WebSited or after website is live in Production, that WebSited reserves the right to require Client sign a new contract and pay any subsequent fees. WebSited will not commence work on subsequent change requests until full payment has been received.

  11.12 Client acknowledges that WebSited will add a “Web Design” by “WebSited” link to the footer section of each website they work on. This is WebSited’s branding and to remove it will cost $250.

  12. HOSTING

  12.1 Client’s website should be hosted on a reliable server, based in the country of Search Engine interest, with constant availability, for optimum results.

  12.2 WebSited may recommend changing Client’s host or server, in order to protect the interests of your web site’s ranking within the Search Engines. WebSited offers no guarantees to interruption of hosting services and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.

  12.3. Client may elect to host their website with WebSited for an additional annual fee.  Client agrees to pay the annual hosting charge in advance of commencement of hosting services

  12.4 Client acknowledges that WebSited may from time to time be required to perform maintenance, upgrades or replacements to servers. WebSited reserves the right to suspend access to such server during the required time to do the maintenance, upgrade or exchange the server. In this event, WebSited will notify Client via e-mail at least 24 hours before the due date and time for maintenance.

  INTELLECTUAL PROPERTY AND COPYRIGHT

  13.1 The technology and content provided on the WebSited Site, unless specified otherwise is owned by or licensed to WebSited. Content includes but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software.

  13.2 WebSited and its licensors retain all proprietary rights to that content and technology and by continuing to use this website, Client acknowledges said content and technology is protected by Australian and international intellectual property laws.

  13.4 For all content, imagery or photography provided to WebSited in the provision of services, Client hereby warrants:

  1. i)     they own the intellectual property rights in that content;
  2. ii)    that content does not infringe the intellectual property rights of a third party;

  iii) that content is not fraudulent, stolen, or otherwise unlawful;

  1. iv) that content does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, or criminal law);
  2. v)   that content is not defamatory, unlawfully threatening or unlawfully harassing; and
  3. vi) that content does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

  13.4 WebSited reserves the right to refuse any content it considers to be in contravention with any of the above statements.

  14. STOCK IMAGERY/PHOTOGRAPHY

  14.1 Client acknowledges that copyright to any stock imagery or photography used on Client’s websites is retained by the owner.

  14.2 Client acknowledges that such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by WebSited. Any editing of the dimensions in which they appear may contravene their usage rights.

  15. TRUTH IN ADVERTISING

  15.1 Client hereby warrants that there is nothing in any advertisement or other material provided to WebSited, or in any material to which the advertisement or other material links or refers, that violates any personal or proprietary right of any third party, constitutes false advertising, is harmful, or violates any law or governmental regulation.

  15.2 Client agrees to indemnify and hold harmless WebSited, its employees, directors, heirs and assigns  against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material

  16. ASSIGNMENT OF INTELLECTUAL PROPERTY TO CLIENT

  16.1 All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by WebSited during the implementation of any contract between WebSited and Client shall remain with WebSited until full payment has been received.

  16.2 Upon full payment, WebSited hereby agrees to transfer to the Client all rights title and interest in the copyright and other intellectual property rights in all artwork, manuals, information, material reports, source code and other output which is produced, extended or modified during the production of the work outlined.

  17. TERM OF AGREEMENT AND CANCELLATION

  17.1 The Initial Term for the Agreement for Services shall continue as follows unless otherwise mutually agreed upon in writing:

  –       180 days for search engine optimization contracts

  –       90 days for Google AdWords™ and Social media advertising contracts

  17.2 Following the Initial Term, this Agreement shall renew at the end of each 30-day period for a successive 30-day term unless either party provides a minimum of 7 days written notice of its intention not to renew or if both parties agree to enter a new contract term for a determined time period.

  17.3 Cancellations become effective on the day processed by WebSited. Client will be notified of the cancellation via email.

  17.4 If Client cancels before the end of the initial contract term a $50 penalty will be assessed.

  DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

  18.1 WebSited warrants that the services provided will at the time of delivery correspond to the specifications provided in the agreed upon Project Brief.

  18.2 Client acknowledges that WebSited does not warrant or make any representations concerning the accuracy of design, content, features, features, functions and performance of any  web pages created by WebSited or any advertisement placed on social media websites or otherwise, nor does it warrant or make any representations concerning the accuracy, likely results, or reliability of any optimization services it provides.

  18.3 Client hereby agrees that the responsibility to check the performance, accuracy and quality of any web pages created by WebSited rests solely with them.

  18.4 Client hereby agrees that WebSited is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

  18.5 Client agrees WebSited is not liable for absence of services as a result of illness or holiday.

  18.6. The content on this Site is for general information only and use and is not intended to address your particular requirements. In particular, the content does not constitute any form of advice, recommendation or arrangement by WebSited and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangements made between Client and any third party named on this Site is at Client’s sole risk and responsibility.

  18.7 USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITATION, WebSitedMAKES NO WARRANTY OR GUARANTEE THAT THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

  TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL WebSited OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, ACCOUNT PROVIDERS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS “WebSited”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF WebSited SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, WebSited IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF WebSited TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES.

  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

  21.1 TERMINATION

  21.1 Client acknowledges and agrees that WebSited, at its sole discretion, may suspend access to this website, suspend services or terminate this Agreement if the Client:

  1. fails to pay any sum due under this Agreement and such sum remains unpaid for 5 days after written notice from WebSited that such sum has not been paid;
  2. ceases to carry on business or become insolvent, or have an administrator or receiver appointed or enter into liquidation or enter into any agreement with its creditors; or

  iii. fails to fulfill any of its obligations under any part of this or any other agreement that it has with WebSited; or

  1. interferes with or impairs the Service, or WebSited’s ability to deliver the Services.
  2. behaves in a manner  found to be unlawful, inconsistent with, or in violation of, the letter or spirit of the terms of this Agreement.

  22. CONFIDENTIALITY

  22.1 Save as provided in this Agreement each party shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed by one party to the other. Each party shall restrict disclosure of such confidential material to such of its employees as need to know the same for the purpose of discharging its obligations under the Agreement and shall ensure that such employees are subject to corresponding obligations of confidentiality.

  23. INDEMNIFICATION

  23.1 Client agrees to indemnify and hold harmless WebSited, its employees, directors, heirs and assigns  against all liability, loss, damage and expense of any nature, including attorneys’ fees, arising out of the publishing, distribution, or transmission of any advertisement submitted by or on behalf of the Client or the linkage of any advertisement to any other material.

  24. SEVERABILITY

  24.1 If any provision of these Terms is held to be unenforceable, or invalid, for any reason, then that provision is deemed to be modified to the extent required to remedy the unenforceability or invalidity or if it is not possible to remedy the unenforceability or invalidity, that provision is to be severed from these Terms and these Terms will otherwise remain in full force.

  25. JURISDICTION

  25.1 This Contract shall be governed by the laws of the State of Victoria, Australia. The parties submit all disputes arising between them to the courts in the State of Victoria and any court competent to hear appeals from those courts of first instance.

  26. ENTIRE CONTRACT

  26.1 These Terms are the entire agreement between the parties regarding the use of this Website and the purchase of any services and supersedes all previous negotiations, commitments and agreements about the website and the services.