Terms & Conditions

 

By  using Brisbane Web Solutions also known as Brisbane Web Solution service, Customer hereby agrees to Brisbane Web  Solutions  Terms and Conditions.

 

Unless otherwise specified, in this Terms and Conditions and the Privacy Policy, the usage of “us”, “we”, “our”, and “ours” shall refer to Brisbane Web Solutions. The usage of “you”, “your”, "their", “they”, and “them” shall refer to the Customer or Client of Brisbane Web Solutions.

 

Customer agrees that it shall comply with these Terms and Conditions. Customer further agrees that it has read Brisbane Web Solutions  Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word “Agreement,” with a capital “A,” refers to the Terms and Conditions and the Privacy Policy collectively.

 

1. General Terms.

 

In consideration of hosting and webdesign services to be delivered, Customer agrees to be bound by the following terms and conditions:

 

1.1. Customer agrees to pay, in advance of each monthly/yearly service term, for hosting services to be rendered. The Customer also agrees any Web Design work undertaken or requested that a minimum of 50% of the cost of that work is payable in advance.


1.2 Chargeable Work. For the purposes of customer billing, "chargeable work" includes all works done at the request of the customer, and/or under customer instructions, and includes:
•    Client contact time including meetings, phone calls and emails
•    Quoting and presentation development
•    Concept development and issues management
•    Ancilliary support tasks, and research and development time
•    Training and consultation
•    Design drafts for new sites
•    Actual works performed
All work is done at the request of the client or prospective client, and as the result of contact initiated by the client.
•    Should the work proceed (including new site development), the reasonable costs for tasks outlined above are included in the overall cost quoted, indicated or charged for the work.
•    If the work does not proceed (whether terminated by the client, or by BWS), the costs associated with these tasks, and/or work done to date, will become due and payable by the client, and an invoice raised accordingly.
Important: BWS policy is that preliminary work done in client consultation, concept development and issues management for a new site is part of the job at hand, and not a complimentary pre-cursor to it. As such, this work is fully chargeable.
Additional Charges
Future work on your site will be charged at the scheduled rate at the time, and will only be performed at the clients request.
Consultation on issues not directly related to web site construction and deployment, during the construction process. Consulting services are available for e-marketing, e-commerce, web site management, operational logisitcs and back office procedures.
•    The preparation of a second, or subsequent, design concepts in cases where an initial design brief has not been supplied by the client, or where the requirement exists for more than one design concept option to be presented for assessment prior to commencement of work.
•    Excess Client Contact: An extra charge will be applied where client contact time exceeds 10% of the total cost of the job.  

1.2. Customer acknowledges and agrees all website quotations are estimates based on the information provided by the client and suppliers. Quotes are subject to change upon sighting of artwork, text or other circumstances that may affect the job. Quotes, unless specifically outlined, do not  include couriers, stock imagery, photography, copy writing or other 'out of pocket' expenses. These are additional expenses. Quotations are only valid for 30 days from date of issue. There is a starting deposit required of 50% and on receipt of final payment, the completed site will be delivered to your domain and tested.

 

1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly/yearly web hosting service fees are non-refundable.

 

1.4. Non-Payment of services shall result in a 2 day notice of disconnection. All payment failures must be cured within 2 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.

 

1.5. Brisbane Web Solutions is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Brisbane Web Solutions services.

 

1.6. Customers agree to pay all taxes applicable to your account.

 

1.7. Customer agrees to pay a minimum service fee of $280 for any type of work or transfers requested.

1.8. Customer agrees that when they purchase a website from Brisbane Web Solutions that when we configure their email accounts as a one off courtesy, that we are not offering the services of computer or network technician. Should any problems be experienced with their email accounts after the configuration is done that any further work requested will be charged at our minimum rate.

1.9 The Customer  acknowledges and agrees that BRISBANE WEB SOLUTIONS may, at its sole discretion, elect to accept or reject the Customer's application for registration or renewal for any reason, including, but not limited to, requests for registration or renewal of a prohibited domain name or domain name which a third party has any proprietary rights.

1.10 The Customer also acknowledges and agrees that, although BRISBANE WEB SOLUTIONS will use all reasonable endeavours, BRISBANE WEB SOLUTIONS is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to the Customer's application for and registration of, renewal of, or failure to register or renew a particular domain name.

1.11 The Customer additionally agrees to indemnify, defend and hold harmless BRISBANE WEB SOLUTIONS and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, the Customer's application for and registration of, renewal of, or failure to register or renew, a particular domain name.

1.12 The Customer agrees that BRISBANE WEB SOLUTIONS's maximum aggregate liability in respect of this clause shall not exceed the total amount paid by the Customer for the services, and in no event be greater than $500.00.

1.13 Customer acknowledges and agrees that any jobs that are cancelled at the client's request, after acceptance of quote and prior to completion, will be invoiced for any work or expenses completed up to that point. At a minimum, the 50% deposit will not be refunded and will be considered payment for work undertaken for quoting, creation of design concepts, communications and investigations.

1.14  The Customer also acknowledges and authorises all  Credit Card charges for any work undertaken to be debited to the credit or debit card listed on file.

Brisbane Websolutions reserves the right, in its sole discretion, to terminate your access to the Brisbane Web Solutions Website and the related services or any portion thereof at any time, without notice. Terminations by Brisbane Web Solutions prior to completion of work does not automatically result in the refund or partial refund of any paid funds. Refunds are at the sole discretion of Brisbane Web Solutions.
 

 

2. Agreement for Services.

 

2.1. Brisbane Web Solutions will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.

 

3. Payment.

 

3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Brisbane Web Solutions. Prior to commencement and on acceptance of  Webdesign quotes there is a starting deposit required of 50% and on receipt of final payment, the completed site will be delivered to your domain and tested.

 

3.1.1. Customer must pay in full for the Services before Brisbane Web Solutions begins to provide the Services to Customer. Invoices are generated 30 days prior for hosting and domain name renewal and are due immediately. Customer agree that if paying by credit card, recurring billing and other service requests will be billed and charged automatically on the date the invoice is generated and that Brisbane Web Solutions may apply the amount due at any time to the credit card listed on file. Non payment for hosting or any other service will automatically suspend your account and  a fee of $280 will be charged to reinstate your account.

 

3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.

 

3.1.3. Payment is due on the defined monthly / yearly recurring billing date. All returned cheques will be charged a $60.00 service fee. Service will be interrupted on accounts that reach 2 days past due. Accounts that are not collectable by Brisbane Web Solutions will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Brisbane Web Solutions a “Processing and Collection” Fee of not less than two hundred and eighty ($280.00) Dollars nor more than five hundred and eighty ($580.00) Dollars.

3.1.4 Customer acknowledges and agrees that If full payment is not received by the due date, a compounding interest of 11% per annum will accrue daily on any amount owing.

 

4. Delinquent Accounts.

 

Brisbane Web Solutions may temporarily deny or suspend service or terminate this Agreement upon failure of Customer to pay charges when due.  Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Brisbane Web Solutions may be entitled under this Agreement or under applicable law. To reinstate an account a one off fee will be charged of $280.

 

5. Account Cancellation.

 

Customers may voluntarily cancel their account at any time, for any reason or for no reason, by emailing sales@brisbanewebsolutions.com  and requesting an account cancellation. Once a Customer has cancelled their account before the renewal date, there will be an administration fee of $280 due immediately.

 

 Cancellations on or after renewal will be charged renewal fees.

 

Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Brisbane Web Solutions does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.

 

6. Refunds and Disputes.

 

IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO BRISBANE WEB SOLUTIONS ARE NONREFUNDABLE.

 

All payments to Brisbane Web Solutions are nonrefundable. This includes any setup fees and monthly or annual fees regardless of usage. All billing disputes must be reported within seven (7) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Brisbane Web Solutions sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.

 

7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.

 

8. Brisbane Web Solutions reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including acceptable Use Policy or our No-Spam Policy.

 

9. Customer agrees to defend, indemnify, and hold harmless Brisbane Web Solutions, and the parents, subsidiaries, successors, assigns, employees and agents of Brisbane Web Solutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.

 

10. BRISBANE WEB SOLUTIONS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR

 

10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF Brisbane Web Solutions SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR

 

10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

 

11. BRISBANE WEB SOLUTIONS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. BRISBANE WEB SOLUTIONS DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND Brisbane Web Solutions SHALL HAVE NO LIABILITY THEREFOR.

 

12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRISBANE WEB SOLUTIONS DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.

 

13. BRISBANE WEB SOLUTIONS DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.

 

14.No Waiver of Rights by Brisbane Web Solutions. 

Any failure by Brisbane Web Solutions to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Brisbane Web Solutions rights. 


 

15. Notices. 

15.1. From Brisbane Web Solutions to Customer.

Copyrights and Other Intellectual Property  except where otherwise expressly noted or agreed in writing, all Contents of any Website built by Brisbane Web Solutions, including white papers, case studies, graphics, icons, domain names registered by Brisbane Web Solutions, databases and overall appearance of the Website, are the sole and exclusive property of Brisbane Web Solutions.

 

Brisbane Web Solutions will notify you by e-mail of any notices that Brisbane Web Solutions is required to provide to you under this Agreement, at the most current e-mail address you have provided to Brisbane Web Solutions.

 

By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Brisbane Web Solutions has your most current e-mail address, and Brisbane Web Solutions shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Brisbane Web Solutions sends to the most current e-mail address you have provided to Brisbane Web Solutions.

 

15.2. From Customer to Brisbane Web Solutions.

 

Unless otherwise specified in this Agreement, notices to Brisbane Web Solutions shall be sent to the following address:

 

Brisbane Web Solutions
PO Box 800
Bulimba 4171
Queensland
Australia

 

16. Governing Law.

 

This agreement shall be governed by the laws in force in the state of Queensland. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

 

17. Currency.

 

All monetary amounts to which this Agreement refers shall be in Australian.

 

18. Entire Agreement.

 

This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Brisbane Web Solutions, and supersedes any prior or previous agreements between you and Brisbane Web Solutions with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Brisbane Web Solutions notifies you from time to time, pursuant to this Agreement.

 

19. No Oral Modification of this Agreement.

 

This Agreement may not be modified orally.

 

20. Assignment.

 

20.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Brisbane Web Solutions prior and express written consent to such assignment.

 

20.2. Brisbane Web Solutions may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.

 

20.3. Consent to Jurisdiction; Venue.

 

Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Brisbane Web Solutions.

 

21. Choice of Law.

 

For all purposes, this Agreement shall be deemed to have been made within the State of Queensland, Australia. This Agreement shall be governed by the laws of Australia and the laws of the State Queensland.

 

22. Force Majeure.

 

Brisbane Web Solutions shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Brisbane Web Solutions.

 

23. Severability of Terms of this Agreement.

 

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.

 

24. Limitation of Actions Arising Under this Agreement.

 

Any cause of action you may have with respect to Brisbane Web Solutions performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.

 

25. Denial of Service

 

Brisbane Web Solutions reserves the right to refuse or discontinue service to anyone at our sole discretion.