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Web Design View Terms & Conditions
Web Design View Terms & Conditions
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Our Corner Terms and Conditions
Please read the following Agreement for Our Corner Services. Before being provided with the Our Corner Service you will need to accept this Agreement.
This Agreement is viewable at any time in the future by clicking on the following website goto.ourcorner.com.au/terms
Our Corner may from time to time change these Terms and Conditions and the version that is published on the Our Corner Website (see above link) should always be taken as the binding and most recent version of this document.
AGREEMENT FOR OUR CORNER SERVICES
THIS AGREEMENT is for services provided by Guy Designs ABN 13 191 190 750 trading as Our Corner to the Client, and commences on the date the Client accepts these terms and conditions.
SERVICES TO BE PROVIDED
Our Corner will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the Term and for the payment specified in the offer.
Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out.
CHARGES AND PAYMENT - WEB DESIGN AND WEB PROGRAMMING SERVICE
Our Corner will provide the web design and web programming service as specified in the Schedule of Work at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.
The Client will pay for the Work at the rate specified in writing by Our Corner. All work is to be paid for upon placement of an order by the Client.
Our Corner reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
CHARGES AND PAYMENT - WEB HOSTING SERVICE Our Corner will provide the web hosting service to the Client during the Term stated in the offer and for the fee stated provided that the Client pays the fees on time and does not make unauthorised use of the service.
The Client will pay the web hosting at the agreed yearly rate specified in writing by Our Corner. The web hosting payment will be due before commencement of the web hosting unless otherwise agreed by Our Corner in writing.
Client must pay all telecommunications charges (including STD charges if applicable) for use of Service. Our Corner does not assess what telecommunications charges apply to the location from which the Client connects to the web host.
Our Corner reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
EARLY DISCHARGE OF WEB HOSTING SERVICE
Unless otherwise stated on the Client's Written Quotation/Agreement, the minimum period for web hosting services is one year.
After the minimum web hosting period, the Client is free to move the website to another web hosting provider without penalty from Our Corner. Our Corner will provide the appropriate authorizations to move the website promptly to the Client upon notification by the Client.
UNAUTHORISED USE BY CLIENT
The Client must not participate in, or allow, any unauthorised use of the Our Corner facilities or Services either by the Client, or its employees, or third parties, contractors or customers and in particular, the Client must not engage in any:
SPAM POLICY
The act of sending unsolicited email ("spam" or "junk mail"), or allowing other parties to send such email through your account is not acceptable. Distributing, advertising or promoting software or services that have the primary purpose of encouraging or facilitating unsolicited E-mail or spam is also prohibited. You are responsible for sending email in accordance with the current legislation and for following the rules for sending commercial electronic messages. All mailing lists must follow the spam Act 2003 and email messages must only be sent to an email address when the person responsible for that email address has given consent to receiving email messages.
You understand that compliance with the anti-spam legislation is essential and it is your responsibility to understand the spam legislation and to follow the guidelines.
SEARCH ENGINE PLACEMENT
Upon payment of the appropriate fee, Our Corner will try to improve the position of the Client Web Site in the Search Engine results in response to a search request. Our Corner do not warrant that this effort is in any way guaranteed. Our Corner cannot be held responsible for any changes to the position of the Client Web Site in the Search Engines results in response to a search request.
CONTENTS OF WEB PAGES AND UNDERTAKINGS
The Client will be solely responsible for the content of Web Pages. Our Corner is not responsible for proofreading the content of site unless specifically agreed.
Our Corner makes no representations to the Client concerning the content or functionality of the Web Site. This is the Clients responsibility to ensure that it meets all Client requirements.
If the Client provides Our Corner with goods, material, photographs, film, data or information to be used in any form, the Client hereby warrant that these do not infringe the rights of third parties and indemnifies Our Corner against any action taken against Our Corner by any such third party.
Without limiting the generality of the foregoing, the Client agrees not to infringe the copyright trademark, privacy or personal or proprietary rights of third parties, supply libelous, abusive, obscene material or disparage the products or services of any third party.
Our Corner for its part hereby undertakes not to knowingly infringe the rights of third parties in activities conducted on the Client.
The client is solely responsible for dealing with persons who access the client’s data or webpage and warrants that the Client will not refer complaints or inquiries in relation to such data to Our Corner.
WEBSITE MAINTENANCE
Once a website is live and accepted by the customer, Our Corner will not perform regular website maintenance as part of a yearly hosting package. Any additions to the site eg text, pages, photos, graphics, tables, etc, will be charged at an hourly rate with a minimum of one (1) hour. (Please check current prices with Our Corner)
ALTERATIONS
Our Corner will not accept any responsibility for any alterations performed by either the Client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions. If Our Corner are required to correct any errors resulting from such alterations, the Client will be charged the current hourly rate.
MONITORING OF BANDWIDTH
The Client's subscription to the Services covers permitted bandwidth (monthly transfer limit) and is stated on the order screen. Our Corner reserves the right to: a. monitor the Client's monthly bandwidth usage;
b. implement restrictions on available bandwidth in order to protect all Services using the Our Corner Servers from time to time when necessary; and
c. make additional charges for usage above the limit at the prevailing rate as stated in the agreed quotation.
CLIENT CONFIDENTIALITY POLICY
Our Corner treats all client website applications and businesses dealings as confidential. Our Corner will not disclose any proprietary information to third parties unless it is deemed necessary for the maintenance of the server and associated programs, or disclosure is required by law.
SUSPENSION OF SERVICES
Our Corner maintains the right to manage and control access to systems and information stored within its servers as it deems appropriate, and may vary or suspend the Service.
Our Corner may suspend access to the Services if there is a security breach or if there is a malfunction in the Services to preserve data.
In the event that Our Corner suspends the Service, the Service will be automatically terminated 3 months subsequent to the suspension date if the account has not been reconnected prior to this date.
Our Corner reserves the right to suspend, without prior notice, some or all of the Service if Our Corner, in its absolute discretion, considers that the Client has not complied with one or more of the terms in the Agreement or has otherwise misused or abused the Service or:
LOSS OF DATA
Our Corner will take all appropriate precautions to safeguard the Our Corner Servers and the data contained within, however Our Corner will not be held responsible for any loss of Client data stored or intended to be stored on the Our Corner Servers and on the back-up devices.
The Client will not be entitled to any form of compensation from Our Corner in the event of loss of data.
INTERRUPTIONS TO SERVICE
Our Corner will not be held responsible for any delay, non performance, malfunction or any other degradation of performance of the web hosting service caused by any modifications, alterations or amendments due to changes requested or implemented by the Client.
In the event of a total systems failure resulting in the disruption of service to the Internet from the Our Corner Servers, Our Corner will endeavour to repair and restore the service to the Client as soon as possible. The time taken will depend upon the severity of the system failure and time of detection.
If failure is caused by the Client to whom access to the Our Corner Servers was given, the Client shall pay all costs to repair the Client server.
INDEMNITY
The Client guarantees that it owns, or has licensing rights to use, all information provided to Our Corner including any trademarks.
Our Corner warrants that its provision of Services to the Client will not infringe any third party's Property Rights.
Client agrees to defend, indemnify and hold Our Corner harmless from and against any and all claims, losses, liabilities and expenses (including solicitors' fees) related to or arising out of the Services provided by Our Corner to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided here under, or for any content published by Client using the Services.
LIMITATION OF LIABILITY
Our Corner will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from this web hosting service, web design service and web programming service.
The Client or customers of the Client will not be entitled to any form of compensation from Our Corner in the event of loss of data, consequential loss, interruptions to the service or damage arising directly or indirectly from the web hosting service and web programming services.
As information transmitted through the Internet is generally not confidential, Our Corner does not guarantee the protection of the Clients privacy. The Client will take all necessary measures (including changing Clients password from time to time) to protect the secrecy of Clients user identification and/or password. Our Corner is not liable for any loss suffered by Client or any third party due to any wrongful or fraudulent use of Clients account by Client or any other person.
Credit card details are not permitted to be stored on the Our Corner Servers. If credit card details are stored upon the web server Our Corner will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use of these credit card details.
Our Corner recommends that a secure 3rd party to the Client and Our Corner process all credit card transactions (ie a secure payment gateway or a bank).
Our Corner will not be held responsible to the Client, or any customer of the Client, for any loss or misuse resulting from the use credit card details. If you are accepting credit card payments upon your website it is important that you accept the risk associated with credit card transactions and you understand that there are security measures that you should take yourself such as ensuring that no credit card information is stored on your computer or within your website. All credit card transactions need to be transmitted in an encrypted form using the SSL protocol. It is essential that you comply with the online security of the SSL protocol and that the SSL certificate is always valid.
Our Corner takes no responsibility for the fulfillment of a transaction in any way. Our Corner accepts no liability for any losses resulting from use of fraudulent transactions howsoever this might arise.
Our Corner takes all care to create all of the web applications to be robust and secure. However, Our Corner will be under no liability to the Client, or any customers of the Client, in regards to any loss of profits or data, consequential loss, interruptions to the service or any damage which may be endured or acquired or which may arise directly or indirectly from Our Corner services.
TERMINATION OF WEB SERVICES
Our Corner requires a minimum of 30 days notice before the intended account termination date. The Client may elect not to continue to receive Our Corner Services however fees up to the date of termination will be payable.
TERMINATION OF DESIGN SERVICES AND WEB PROGRAMMING SERVICES
Once a order has been placed and accepted by Our Corner, a contract to complete the Work exists. Work may only be cancelled or amended with the agreement of Our Corner. In any event the cost of all Work performed by Our Corner for the Client, whether used by the Client or not, will be invoiced and must be paid for. Our Corner reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
Our Corner reserves the right to terminate a contract.
COPYRIGHT AND OWNERSHIP
The client is granted all copyright and ownership of created software and artwork unless otherwise agreed by Our Corner in writing. All copy, graphics, registered company logos, names and trademarks or any other material supplied by the client will remain in the ownership and copyright of the Client.
The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to Our Corner that all such permissions and authorities have been obtained. No responsibility will be accepted by Our Corner for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
All JavaScript, PHP, Flash and Database management algorithms etc., not designed specifically for this web site, will remain the property of Our Corner.
RECOVERY OF DEBTS
Our Corner reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.
Our Corner reserves the right to terminate services (without notice) to clients with outstanding invoices, and take whatever means possible to recover Our Corner intellectual property and the outstanding debt.
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