Terms of Service Website
DIY Website Terms of Service AgreementTerms and Conditions of Service Agreement
THESE ARE THE TERMS AND CONDITIONS ("DIY Website Terms of Service Agreement”) APPLICABLE TO THE PURCHASE OF WEBSITE RELATED SERVICES BETWEEN YOU (“Customer”, “you” or “your”) AND DIY WEBSITES , (“DIYWebco.com , “us”, “we” or “our”). PURCHASING A WEBSITE SERVICE WITH DIY WEBSITES MEANS YOU ACCEPT THESE TERMS.
IN ADDITION, YOU MAY ELECT TO PURCHASE ADDITIONAL PRODUCTS OR SERVICES FROM DIY WEBSITES , OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU BEFORE OR AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS IN ADDITION TO THIS AGREEMENT.
1. DIYWebco.com will provide you with the following services (the “Services”): DIYWebco.com will build a website (the “Website”) that is editable by you to manage, update and add your own information, text and media, according to the plan you selected.
DIYWebco.com shall organize to host the Website on a network server chosen by you from the option list, accessible by the Internet via a Universal Resource Locator (“URL”) to be provided to Customer. DIYWebco.com shall install on that server the Content Management System (CMS) and a (single site licence) Premium Theme for the CMS. You hereby grant to DIYWebco.com and its subcontractors the necessary rights and licenses with respect to such Server & Website to carry out obligations under this Agreement and to make a reasonable number of archival or back-up copies as deemed necessary by DIYWebco.com.
Customer hereby agrees to pay DIYWebco.com for Services at an invoiced rate in stages at the agreed rate specified in your order form or in the Welcome Letter. By submitting your order for processing, you authorize us to charge your order using the PayPal Website or you agree to make your payment within 7 days of receipt of invoice by your chosen payment method, whichever applies. A $50 (Fifty Australian Dollars) collection fee may be charged for any dishonoured cheques or direct debits and the fee will be assessed for the following reasons: (1) payment with insufficient funds, (2) restart of Service terminated for non payment.
2. Customer shall be responsible for the following:
a. Customer represents to DIYWebco.com that Customer is at least eighteen years old. Customer is responsible for supervising the activities of any under-age user.
b. Obtaining Internet connectivity to access the Website, to send and receive e-mail, and to otherwise access and utilize the Internet.
c. Providing current information (including e-mail address and phone number) and sending updated contact information as soon as any change may be made, for DIYWebco.com's use in contacting Customer concerning their Website.
d. Contacting DIYWebco.com for all changes, modifications, and enhancements to the Website and/or Services starting from the date of sale (when applicable).
e. Providing DIYWebco.com with all necessary information, data, text, music, sound, images, photographs, graphics, video, messages, tags and custom images (including, but not limited to, design, pamphlets, brochures, logos, and other images) and other materials (collectively known as “Content”) in connection with development of the Website other than that which DIYWebco.com agrees to supply.
f. Ensuring the accuracy of content provided to DIYWebco.com, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer.
g. To the extent Customer gathers any personal information about visitors to the Website, Customer will not share that personal information with any third party without first obtaining a visitor's consent and will provide policy documents informing users about their rights.
h. Ensuring that the Website content provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
i. Contacting DIYWebco.com with notice of Customer's decision to cancel or discontinue the Service. See Last Section . Refund Policy.
3. Customer understands that charges are non-refundable after work is started.
4. Service commencement is initiated on the basis of a received order and verification of payment. Service begins on the date agreed on, and ends when the Website is up and available on the Internet, unless further services are purchased. Upon completion of service or cancellation, Customer will receive a final bill reflecting the balance due for any amount still owing. Customer agrees to pay all fees incurred by Customer and billed to Customer via credit card, cheque, direct debit and/or PayPal. Direct Debit is due within 7 days of receipt of invoice. DIYWebco.com reserves the right to adjust its own hosting fees from time to time without prior notice to Customer.
5. Customer will use the Services in a manner which does not interfere with, disturb, or disrupt other network users, services, or equipment, and DIYWebco.com reserves the right to terminate or suspend Services without notice if such interference is determined by DIYWebco.com to exist. Such interference or disruption includes, but is not limited to:
a. Spam: wide-scale distribution of messages, including bulk e-mail or unsolicited spam e-mail, or wide-scale distribution of messages to inappropriate mailing lists, newsgroups, or other public or private forums,
b. propagation of computer worms or viruses, and
c. use of the network to make unauthorized entry to other computational, information, or communications devices or resources. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
6. DIYWebco.com reserves the right to deny, terminate, or suspend Services on it's own server without notice if, in DIYWebco.com's sole discretion, the Services is used by Customer in a manner that violates or may violate the following standards, and DIYWebco.com reserves the right to reject, alter, modify or remove the Website, Website domain name, URL address, or any Website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols or logos) which DIYWebco.com in its sole discretion deems to be:
a. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Service, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with the Website does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavour and that it is not merely “cybersquatting,” i.e., obtaining the URL merely to attempt to sell the rights to the URL or sub domain to some third party.
b. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
c. Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libellous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; or
d. States or implies that the Website is placed by DIYWebco.com or any party with a contractual relationship with DIYWebco.com, or that such parties endorse the Customer's products or services.
e. Pornographic or obscene. DIYWebco.com neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. DIYWebco.com reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by DIYWebco.com are an appropriate recompense to DIYWebco.com for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, DIYWebco.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
f. Violent or encouraging violence.
g. Disparaging, defamatory, libellous, or resulting in an invasion of privacy.
h. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.
i. Promotion or facilitation of, or engaging in, consumer deception or fraud, illegal drug use, illegal drug dealing, pyramid schemes, gambling, or any other illegal activities.
j. Intentional holding of DIYWebco.com (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.
7. The Services are provided on an “as is” and “as available” basis.
CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK AND DIY WEBSITES DISCLAIMS ANY AND ALL WARRANTIES TO CUSTOMER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. DIY WEBSITES DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. DIY WEBSITES 'S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO DIY WEBSITES DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE.
DIY WEBSITES disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the Website and any information available on it, and the delay or inability to use the site or any information, even if DIYWebco.com has been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Except as expressly stated herein, DIYWebco.com disclaims any and all warranties to Customer, expressed or implied, including implied warranties of merchantability and fitness for a particular purpose.
8. DIY WEBSITES will not be liable to any third parties for any direct, incidental, or consequential losses or damages suffered by such third parties for any reason, whether foreseeable or not, including, without limitation, damages for loss of profits, loss of income or earnings, loss of business opportunities, injury, or other loss or damage resulting directly or indirectly out of or in connection with the Service, or through use of the Website. The foregoing shall apply despite any negligence, misconduct, errors or omissions by DIYWebco.com, including without limitation its employees, representatives, agents or technical operations. Customer assumes sole responsibility for:
a. acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties;
b. acquiring any authorization(s) necessary for hypertext links to third party websites;
c. the accuracy of materials provided to DIYWebco.com, including, without limitation, website content, descriptive claims, warranties, guarantees, nature of business, and contact information for the Customer; and
d. ensuring that the Website content provided by Customer does not infringe or violate the intellectual property rights or any other right of any third party. DIYWebco.com shall have no liability and shall be held harmless for any content provided by Customer that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses. DIYWebco.com disclaims any responsibility for any content, goods, and services available through the Website, or the quality or accuracy of any information in the Website. DIYWebco.com will not endorse, warrant, or guarantee any product or service offered through the Website, and will not be a party to or in any way monitor any transaction between Customer and third-party purchasers of products or services resulting from the Services or use of the Website, including, without limitation, all sales of goods or services, credit card transactions, banking or securities transactions, or any business, service, or merchandise agreements.
DIY WEBSITES DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO THIRD PARTY USERS OF THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.
9. Customer agrees to defend, indemnify, and hold harmless DIYWebco.com and each of DIYWebco.com's officers, directors, employees, agents, and affiliates from, against, and in respect of: (i) any and all losses, damages or deficiencies resulting from any third party claim against DIYWebco.com in connection with the Website (including, but not limited to, website content) or the URL (ii) any and all losses, costs (including reasonable attorney's fees), expenses, damages, assessments, or judgements (collectively, “Liabilities”), resulting from any claim against any of such parties in connection with the Website, (iii) any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content and (iv) all costs and expenses incident to any and all actions, suits, proceedings, claims, demands, assessments, or judgements in respect thereof regardless of the merit thereof, including DIYWebco.com's reasonable legal fees and expenses (whether incident to the foregoing or to DIYWebco.com's enforcement of said rights or defence and indemnity).
10. DIYWebco.com reserves the right to suspend or terminate Service with or without notice to Customer if DIYWebco.com determines, in its sole discretion, that Customer has failed to comply with its obligations as set forth in this Agreement.
11. As between Customer and DIYWebco.com, all Content provided by Customer to DIYWebco.com for inclusion to the website shall remain the sole and exclusive property of Customer. Customer acknowledges that all Content is owned by Customer or that Customer has a legal right to such Content. With the exception of Customer's ownership interest as identified in the previous two sentences, ownership interest to the Website, including, but not limited to, the URL address, HTML coding, scripting, copyrights, domain name(s), and all other intellectual property rights, shall remain exclusively with DIYWebco.com or its suppliers, affiliates, partners, and licensor s.
Upon termination of the Services, should Customer desire to retain the proprietary, copyright, or ownership rights to the Website, Customer must obtain express, written permission from DIYWebco.com, that Customer has completed all payment due. If a dispute arises and delays and costs are incurred Customer shall compensate DIYWebco.com a royalty fee to be agreed on for the Service as compensation for re-assignment of the proprietary rights to the website. Such ownership or proprietary rights assignment shall be limited to the actual URL address, Website and its underlying HTML script or coding as developed for Customer by DIYWebco.com, but shall not include any rights to DIYWebco.com's software, trade secrets, methodologies, processes, proprietary functions, know-how, and all intellectual property including, but not limited to, all copyrights, trademarks, patents, and trade secrets related to DIYWebco.com's products or services, which shall remain the sole and exclusive property of DIYWebco.com and its suppliers, affiliates, partners, and licensor s.
12. This Agreement shall be governed by the laws of the State of New South Wales, Australia, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of Sydney and the State of New South Wales, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
13. Any failure by DIYWebco.com to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, DIYWebco.com, and the court shall endeavour to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
14. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by DIYWebco.com. DIYWebco.com reserves the right to unilaterally modify and revise the Terms and Conditions of this Agreement from time to time. Such modifications or revisions shall be provided to Customer via the Notice provisions set forth in Section 15 herein, and Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Terms and Conditions, and may only reject such modifications or revisions by cancelling the Service.
15. Notice to Customer shall be deemed effective when posted at http://www.DIYWebco.com/policies/terms-of-service/ as updated from time to time.
16. This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and DIYWebco.com. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
17. Refund Policy:The account may be cancelled at any time. Upon cancellation, the DIYWebco.com service contract will be terminated if so requested by the customer and the website handed over. No further charges or invoices will be sent to the customer after cancellation, excepting those from external sites, such as the host and the domain name registrar, which are the customers obligation to maintain payment or cancel at these sites at their discretion.
The deposit or down payment amount is to cover work completed in setting up the website and is non-refundable if work has already started. Pre-paid website stage charges are non-refundable if work has already started. Partial payment of stages will be invoiced if work is started before a stage payment is made and then cancelled.
Upon cancellation, the customers website will be the customers sole responsibility to maintain access to and manage their host account, domain name and any other obligations. All sign up details will be provided at handover unless payment is still owing. If payment remains unpaid, customer ownership shall be relinquished and ownership of the site reverts to DIY WEBSITES .
Your rights and obligations under this Agreement shall not be transferred or assigned directly or indirectly without the prior written consent of DIYWebco.com.
31 Christopher Crescent, Lake Haven, NSW, 2263, Australia
02 4392 3301