Terms Of Service

ATWEB Pty. Ltd. customers must agree to these terms and conditions before the commencement of any work, including webdesign services, domain name registration, website hosting, graphic design and online marketing.  

GENERAL

1. The customer notify ATWEB Pty. Ltd. or any contact changes. Failure to do so could result in expiration of services, which ATWEB Pty. Ltd. will no be liable for.
2. ATWEB Pty. Ltd. reserves the right to refuse service and/or access to its products and servers to anyone at anytime.
3. ATWEB Pty. Ltd. reserves the right to suspend or cancel a customer's access to any or all services provided by ATWEB Pty. Ltd. when ATWEB Pty. Ltd. decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
4. If ATWEB Pty. Ltd. does not receive your design brief within a 90 days period from the date of order and deposit paid your account will be suspended and all monies paid for partialy or completed work / services will be forfeited.
5. During the design phase of your project, if you do not sign off your design within 90 days, ATWEB Pty. Ltd. reserves the right to suspend your account and all money paid and work ordered will be forfeited.
6. During the construction phase of the website, if you do not provide all neccessary information such as content and images needed to finalise the website within 90 days, ATWEB Pty. Ltd. reserves the right to suspend your account and all money paid and work ordered will be forfeited.
7. All invoices will be sent to customers via email
8. Websites may take up to 120 days to complete from the time the client has completely supplied all the necessary information to finalize the project.

CANCELLATIONS & REFUNDS

1. All deposits and fees paid are non-refundable after job comencement or after the design brief is returned to ATWEB Pty. Ltd. or after 14 days has elapsed since the date of deposit paid.
2. There is a $100AUD administration fee for all processed refunds.
3. Once job commencement has begun or after design work has been signed off prior to the website build all fees are payable at the due course and no cancellations will be accepted and all services ordered must be paid for in full. Failure to do so within 60 days of the due dates will result in termination of their account.
4. The usability, functionality and/or limitations of both our website and ecommence content management systems is no reason for not paying the balance of your website. Please consult our professional team for specific functionality or customized module quotes prior to commencement.
5. The inability to use, manage, promote, run or make sales through your website or ecommerce webstore is no reason for not paying the balance of your website.
6. Fees charged on a prepay basis and for management services are non-refundable.
7. If a customer contravenes the ATWEB Pty. Ltd. terms and conditions, ATWEB Pty. Ltd. reserves the right to terminate the service immediately with no refund.
8. If ATWEB Pty. Ltd. is required to employ the services of a debt collector to pursue any overdue balance payment, a $50AUD fee will be passed on to the customer and added to the customers invoice.
9. If the customers website has been terminated due to cancellation or expiry, ATWEB Pty. Ltd. can reinstall the website within a 12 month period at a cost of $195AUD providing the client has a back up of the website.

WEBSITE DESIGN & SUPPORT 

1. After you receive your website design concept, sent you by email based on the design brief. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2-3 is normal.
2. All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.
3. Elements of the website designs remain the copyright of ATWEB Pty. Ltd..
4. Due to our licensing restrictions all websites must remain on ATWEB Pty. Ltd. servers.
5. Support, FAQs and manuals are available free of charge in each user account and are available at www.atwebdesign.com.au/clients.
6. ATWEB Pty. Ltd. websites and eCommerce webstores are self managed and ATWEB Pty. Ltd. is not responsible for any copy, editing or updating of the clients website. ATWEB Pty. Ltd. is under no obligation to do any work on your website unless contracted to do so.
7. For any problems or support queries you can submit a support ticket at www.atwebdesign.com.au/clients  or call 1300 136 318 from 10am-6pm Mon-Fri.
8. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. ATWEB Pty. Ltd. will monitor your usage and if ATWEB Pty. Ltd. anticipates that your website may require more bandwidth/disk space your allocation will be increased. Please see website for allocations and prices. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount. Although ATWEB Pty. Ltd. monitors the bandwidth/disk space usage of the website, ATWEB Pty. Ltd. does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
9. On all ATWEB Pty. Ltd. websites there is a built-in page and links to the ATWEB Pty. Ltd. website. This page is linked from the footer of the client's website. Neither the footer link nor the page can be removed.
10. ATWEB Pty. Ltd. does not allow any of the following content or websites to be stored on its servers: Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
11. Scripts – any script that creates a load on the server will be removed.
12. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide 'links to'or 'how to' information about such material.
13. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes 'adult material' is entirely at the discretion of ATWEB Pty. Ltd..
14. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.
15. Websites that promote Psychiatry.
16. Promotion of alcohol and or drugs including pharmaceuticals.

FINANCIAL ARRANGEMENTS FOR WEBSITES AND ECOMMERCE WEBSTORES 

1. Cost of the ATWEB Pty. Ltd. webstore is a set price for design and installation, then an ongoing annual fee for hosting and support.
2. The deposit for website installation and design is due with order. The balance is due when the webstore has been designed, built and handed over to the customer.
3. This agreement will automatically renew after each period of 12 months until cancelled in writing. Fees are payable 14days before the due date.
4. Although ATWEB Pty. Ltd. reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
5. Failure to make ongoing payments may result in your website and emails being suspended.

DOMAIN REGISTRATION  

1. ATWEB Pty. Ltd. does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

GRAPHIC DESIGN

1. For logo design services clients will receive three or five design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx 2-3 rounds of changes are normal.
2. Sign off: when the design is completed the client will receive the final graphic design files via email and CD in the mail.
3. Any further changes after sign off will need to be quoted and billed separately.
4. All ATWEB Pty. Ltd. graphic designs remain the copyright of the client.
5. ATWEB Pty. Ltd. provides the artwork in a print ready file for the clients use. It is the clients responsibility to check all copy, contact details, email, website addresses etc. ATWEB Pty. Ltd., or the designer will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.
6. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.

DISCLAIMER

1. ATWEB Pty. Ltd. and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if ATWEB Pty. Ltd. is aware of the risk of such damages, that result in any way from the Customer's use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
2. ATWEB Pty. Ltd. makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. ATWEB Pty. Ltd. also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
3. Use of any information obtained by way of ATWEB Pty. Ltd. is at the Customer's own risk, and ATWEB Pty. Ltd. specifically denies any responsibility for the accuracy or quality of information obtained through its services.
4. ATWEB Pty. Ltd. expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. ATWEB Pty. Ltd. specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
5. ATWEB Pty. Ltd. Reserves the right to change these terms of service at any time.

WEBSTORE LICENSE AGREEMENT

1. Click to read the 'webstore license agreement'.
2. All licenses are leased only and are available only by hosting your webstore on our servers.
3. By agreeing to these terms and conditions you agree to the webstore license agreement.

WEBSITE / APPLICATION LICENSE AGREEMENT

1. All custom programming and devlopment remains the property of ATWEB Pty. Ltd. 
2. You the user are granted an unrestricted license to use the developed website or program on (1) domain, providing that it is hosted by us. You cannot transfer or change the license. Hosting charges may change at any time.
3. We provide 1 month of complimentary 'bug' fixes after the final payment of any such services.

TRADEMARKS & COPYRIGHT

1. The Customer warrants that it has the right to use the applicable trademarks, images or site content, if any.

SEO PERFORMANCE

1. As Google and other search engines dictate the ranking of websites. ATWEB Pty. Ltd. does not guarantee or imply guaranteed results.
2. All SEO work is non-refundale and results are acheived on a month to month best efforts basis.
3. You may cancell and stop SEO work at any time via written notice.
4. SEO Refunds are rerunable in 1 month blocks. Once the months SEO work has commenced that month is non-refundable.
   
   

CUSTOMER RESPONSIBILITIES

1. The Customer agrees that he or she has the necessary knowledge to maintain the website or webstore. The Customer agrees that it is not the responsibility of ATWEB Pty. Ltd. to provide this knowledge or customer support outside of the defined service of the ATWEB Pty. Ltd. website or webstore support.
2. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access ATWEB Pty. Ltd. websites. ATWEB Pty. Ltd. makes no representations, warranties or assurances that the Customer's equipment will be compatible with the ATWEB Pty. Ltd. service.
3. The Customer may only use ATWEB Pty. Ltd. servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

LIMITED LIABILITY

1. The Customer expressly agrees that use of ATWEB Pty. Ltd. websites and services is at the Customer's sole risk. Neither ATWEB Pty. Ltd., nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the ATWEB Pty. Ltd. service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the ATWEB Pty. Ltd. servers, unless otherwise expressly stated in this agreement.
2. Under no circumstances, including negligence, shall ATWEB Pty. Ltd., its officers, agents or anyone else involved in creating, producing or distributing ATWEB Pty. Ltd. services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the ATWEB Pty. Ltd. website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to ATWEB Pty. Ltd.'s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on ATWEB Pty. Ltd.'s servers.
3. Notwithstanding the above, the Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney's fee and court costs.

INDEMNIFICATION

1. The Customer agrees that it shall defend, indemnify, save and hold ATWEB Pty. Ltd. harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against ATWEB Pty. Ltd., its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless ATWEB Pty. Ltd. against Liabilities arising out of
2. any injury to person or property caused by any products sold or otherwise distributed in connection with ATWEB Pty. Ltd.'s server
3. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
4. copyright infringement
5. any defective product which the Customer sold on the ATWEB Pty. Ltd. Server

SEVERABILITY

1. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.