Hosting

The minimum term for hosting with WebStop Australia Pty Ltd is 12 months. After eleven months billing must be cancelled in writing with 30 days notice. Upon written notice 30 days prior, billing will cease at the end of the current period where the monthly billing date falls within that 30 days notice. If the billing day falls within this 30 day period, then that payment is still considered due. Hosting is due as an up front payment via transfer, credit card, company cheque or cash.

To ensure your hosting does not expire, you should renew immediately when you receive your invoice. Please note all hosting accounts are restricted from view and deleted 30 days after non-payment of account. Internet Access is not offered by WebStop Australia Pty Ltd and is therefore not part of any package offered by WebStop Australia Pty Ltd.

For any work undertaken for portfolio/promotional purposes the following additional conditions apply in conjunction with overall terms and conditions. In these circumstances no accounts will be created until the hosting installment has been received.

Domain Names

To ensure your domain does not expire, you should renew immediately when you receive your invoice. Warnings are automatically sent 90, 60, 30, 15, 7 and 1 day before expiring.

Failure to renew your domain name by the expiration date it will result in a loss of your online identity making it
difficult for your customers and friends to contact or locate you on the web.

Domain names will only be registered upon receipt of full payment. WebStop Australia Pty Ltd at its absolute discretion determines charge for work done and delivery time on a case by case basis. Unavailability or failure to register the desired domain name is not the responsibility of WebStop Australia Pty Ltd, and WebStop Australia Pty Ltd cannot guarantee your chosen domain name under any circumstances. Clients who already own their .com/net etc domain names will incur a transfer setup fee of $20. The most common term for au domain registration is 2 years although this may differ for each client (depending on application). Transfer is free. Clients registering for multiple years allow WebStop Australia Pty Ltd to renew their domain name yearly until paid term is finished. This is subject to change without notice. This work is not being undertaken on an ‘approval’ basis.

Web Site Design

A minimum deposit of one half (50%) of the total amount is required to commence work. Once the first deposit is received, basic site design concepts will be made available for the Client’s viewing and approval within a reasonable timeframe. There will be a maximum of 3 concepts made available to the client. Communication between the Developer and the Client is crucial during this phase to ensure that the ultimate publication will match the Client’s taste and needs. Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design. Upon completion of the web site, an e-mail or letter and invoice will be sent to the Client advising the Client that the work has been completed. Final payment of the remaining 50% balance plus any additional charges incurred are due within fifteen (15) business days after delivery of this e-mail or letter and invoice. If the fifteen (15) day minimum is not met an additional charge of 10% is due. Developer reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days after delivery of our completion notification.

WebStop Australia Pty Ltd does not guarantee completion of the web site within designated timeframe but will endeavor to do so. WebStop Australia Pty Ltd reserves the right to terminate this agreement at any time for any reason. If there are changes in the requirements or scope of this project, or changes or additions during the project term, WebStop Australia Pty Ltd reserves the right to create an additional proposal per client’s additions,and acceptance, and bill for the additional services.

Copyright for the design and development of the Web Site will become the ownership of client once all design services owing WebStop Australia Pty Ltd are paid in full and not before, including full payment of hosting term. Client is responsible for all additional Internet or web site costs or services not indicated or included in this proposal such as, but not limited to, domain name registration costs and all setup and monthly fees with selected ISP. After receipt of the first draft all changes must be given in writing to WebStop Australia Pty Ltd’s premises within 2 days, and upon these changes being made, the Website is considered complete. If changes are not received within 2 days then it is assumed that the Website is satisfactory to the client and therefore complete. Client agrees to pay reasonable attorney fees and any other reasonable fees required to enforce all terms and conditions of this contract. In addition, Client agrees to reimburse WebStop Australia Pty Ltd any amounts made on behalf of collecting on delinquent payments or required to enforce the payment terms of this contract. Client acknowledges and agrees that WebStop Australia Pty Ltd can suspend, change passwords, change nameservers, hold up publication or remove published web pages if WebStop Australia Pty Ltd has not received all fees relating to the payment of services rendered. Cheques returned due to lack of funds incur a $50 charge and Credit Card chargeback’s $100 to cover WebStop Australia Pty Ltd’s bank charges and time. Client grants WebStop Australia Pty Ltd the right to reference their company and web site as a client at any time and for any reason. Client also guarantees WebStop Australia Pty Ltd limited rights of copyright necessary to reproduce and display Client’s web pages electronically via the World Wide Web or as demonstrations and examples of our design and work. WebStop Australia Pty Ltd may alter, amend, or place advertising on client’s site for any purpose, and as our “Client”, your company also warrants and represents that icons, company names, and other information which you prescribe to be placed on your web site. Client will not (i) violate any international, federal, state or local law or regulations; (ii) in any way violate or infringe upon any parties privacy right, right of publicity, or any other right of any person or entity; (iii) contain any material which is unlawful, harmful, abusive, hateful, obscene, threatening, libelous or defamatory. WebStop Australia Pty Ltd is not liable for any errors or interruption in service, whether within or outside of WebStop Australia Pty Ltd’s reasonable control. ISP Service provided might be temporarily unavailable for scheduled maintenance, or due to other causes. Client is responsible forprotecting Client’s password (s) and for any authorized or unauthorized use made of Client’s password. Client will not use or permit anyone to use WebStop Australia Pty Ltd’s service to guess passwords or to access other systems or networks without authorization. WebStop Australia Pty Ltd will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity. WebStop Australia Pty Ltd will not post any material that is illegal, libelous, tortuous, or likely to result in retaliation against WebStop Australia Pty Ltd by offended users. Client will indemnify WebStop Australia Pty Ltd and hold WebStop Australia Pty Ltd harmless from any damage to WebStop Australia Pty Ltd’s business, service, equipment, network, operations, or reputation resulting from Client’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort. Client agrees to all terms, conditions and design and development work as outlined above and authorizes WebStop Australia Pty Ltd to begin design and development of client’s web site on clients’ production servers. Client agrees that WebStop Australia Pty Ltd shall have access to all login and password information regarding such in order to fulfill the obligations for the design and development work. WebStop Australia Pty Ltd does not endorse the site and has no affiliation with the clientor business. WebStop Australia Pty Ltd is in no way affiliated with the client and therefore the client has no rights to use of any logos, trademarks, or devices belonging to WebStop Australia Pty Ltd unless upon written approval.

Limitation Of Liability

Client agrees that WebStop Australia Pty Ltd shall not be liable for any direct, indirect, incidental, special or consequential damages, or exemplary damages resulting from: (a) the use or the inability to use the service, or for cost of procurement of substitute goods and services, (b) interruption, suspension or termination of service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent, (c) or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service, or (d) resulting from unauthorized access to or alteration of client’s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if WebStop Australia Pty Ltd has been advised of the possibility of such damages. WebStop Australia Pty Ltd is not responsible for any loss of data resulting from WebStop Australia Pty Ltd’s deletion of client web site, network or system outages, file corruption, or any other reasons. WebStop Australia Pty Ltd is not responsible for any ‘down time’ or ‘outages’ of service, hosting, or any service related to the site. WebStop Australia Pty Ltd’s liability will be limited to the current year’s annual client Website fee. Client is completely responsible for all activities, fees, and/or liability, which are related to or result from use of the service under client’s password or account. WebStop Australia Pty Ltd is not responsible for the content of client web site or others Websites linked. WebStop Australia Pty Ltd’s sponsors or others are collectively “others”. the opinions and views expressed in the web site and/or others’ web sites do not reflect those of WebStop Australia Pty Ltd. WebStop Australia Pty Ltd is not responsible for the delivery of any goods or services sold or advertised by client, owner of site or others.

General

This Agreement and the relationship between Client and WebStop Australia Pty Ltd will be governed by the laws of the State of Victoria without regard to its conflict of law provisions. Client and WebStop Australia Pty Ltd will submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of WebStop Australia Pty Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. Any claim or cause of action arising out of or related to the Service or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary. WebStop Australia Pty Ltd makes no warranties of any kind, whether express or implied, for the services it provides. All services are “as is”. WebStop Australia Pty Ltd also disclaims any warranty of merchantability or fitness for a particular purpose. WebStop Australia Pty Ltd will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. WebStop Australia Pty Ltd makes no guarantee in any way in regard to the Website and offers its service on an ‘as is’ basis. The headings in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. WebStop Australia Pty Ltd may modify this Agreement, in whole or in part, at any time. Notice of such modification may be made by or on behalf of WebStop Australia Pty Ltd to Client via email, regular mail, telecopy, delivery service, or posting on webstop.com.au. This agreement may be terminated by WebStop Australia Pty Ltd at any time. Client will be deemed to have agreed to such modified Agreement if Client continues to use the Service, and/or WebStop Australia Pty Ltd does not receive a notice of termination within such period of 30 days from posting of modification.

Free Scripts

WebStop Australia Pty Ltd offers FREE scripts to you our client as free additional add-ons to your Hosting Service. Please be aware that we do not offer support as it is your choice to take advantage of this offer. Each script offer excellent instructions and support to install on your website.

Our Sie Links

WebStop Australia Pty Ltd will not be responsible for any direct, indirect or consequential damages which may result from the use of any link out to another website. Once any visitor has clicked and followed a link from WebStop Australia Pty Ltd all actions and decisions are deemed his/her responsibility and without any recourse to WebStop Australia Pty Ltd.

Antifraud Check

Client purchase can be suspended for manual antifraud check for up to 12 hours as well as it can be suspended for longer term (around 24 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.

Forwarding and filtering services are subject to the

• Acceptable Use Policy
• Hosting Terms & Conditions
• Web Design Terms & Conditions
• WebStop Australia Terms
• General Privacy Policy
• Complaints Handling Policy
• Refund Policy
• Antifraud Check

Customer purchase can be suspended for manual antifraud check for up to 12 hours as well as it can be suspended for longer term (around 24 hours) for more serious investigation. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase. Credit Card Fees

A credit card fee of 2% applies to Visa and MasterCard.

A credit card fee of 3% applies to Amex and Dinners Club.