- This Agreement explains the terms and conditions governing your use of the services made available to you by Sunshine Coast Website Design (Xtreme Advantage), hereinafter called “Sunshine Coast Website Design ” or “We”. It represents the whole agreement and understanding between Sunshine Coast Website Design (Xtreme Advantage) and the individual, corporation or organization who subscribes to the Service hereinafter called “You” or “you”. This document is referred to as the “Agreement”. PLEASE READ THIS AGREEMENT CAREFULLY. By use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. Sunshine Coast Website Design (Xtreme Advantage) may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that Sunshine Coast Website Design (Xtreme Advantage) believes is harmful to the business of Sunshine Coast Website Design (Xtreme Advantage) or the use of the Service by others or is harmful to any other party. Sunshine Coast Website Design (Xtreme Advantage) reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.
- Sunshine Coast Website Design (Xtreme Advantage) may provide basic web hosting but not managed hosting unless specific arrangements have been made. This service is not provided with any warranty and we can provide recommendations on enterprise level hosting providers if desired. You are responsible for backups of data, security updates, plugin updates, theme updates and on-site maintenance on a basic plan. On a Premium Plan ($44/month) we will host your site, your email, conduct all WordPress Security Updates and provide 30 days of data backups for you. In the event of a server outage, liability is limited to a pro rata refund of a current month’s paid hosting invoice based on server availability.
Any ‘hands-on’ work done on your website that is not related to security or wordpress updates will incur a $110/hr fee inc gst.
- Sunshine Coast Website Design (Xtreme Advantage)’s email service provides you with the capability to send and receive email via the Internet. The service includes the ability to use email accounts each with 5MB of email storage space. Sunshine Coast Website Design (Xtreme Advantage) retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other Members and to protect our computer systems. As owner and/or operator of the equipment and other resources utilized to provide services, Sunshine Coast Website Design (Xtreme Advantage) has the legal right to block electronic communications from other entities on the Internet.
- Members who transfer their domain registration to another service provider and do not renew domain registrations with Sunshine Coast Website Design (Xtreme Advantage) are not eligible to further receive services without payment of the one-time $70.00 Transfer Fee. In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries.
- You must pay the Service Fee and any Additional Charges to Sunshine Coast Website Design in accordance with the payment terms set out on our Tax Invoice . If You dispute the whole or any portion of the amount claimed in an invoice submitted by Sunshine Coast Website Design , You shall pay the portion of the amount stated in the invoice which is not in dispute and shall notify Sunshine Coast Website Design in writing (within 7 days of receipt of the invoice) of the reasons for disputing the remainder of the invoice. If it is resolved that some or all of the amount in dispute ought to have properly been made paid at the time of the first invoice, then You shall pay the amount finally resolved together with interest on that amount in accordance with the terms of payment set out in this agreement. You shall pay Sunshine Coast Website Design interest on any amount due and not paid by You within the timeframe required by this agreement and at the Default Rate. You are solely responsible for direct payment of any third party software licence fees unless Sunshine Coast Website Design explicitly agree otherwise. You will fully indemnify Sunshine Coast Website Design in respect of any failure to make such payments. In the event that: + We are required to perform the Services in circumstances other than those expressly or reasonably anticipated in relation to an Agreement of a similar nature; or + there is a change in the timing or complexity the Services; + and such circumstances are not the result of a breach of this Agreement by Sunshine Coast Website Design , then We shall be entitled to make an Additional Charge. The Charges are exclusive of taxes, duties and charges imposed or levied in Australia or overseas in connection with the Services. Without limiting the foregoing, You shall be liable for any new taxes, duties or charges imposed subsequent to the Commencement Date in respect of this Agreement. Invoices for all Sunshine Coast Website Design (Xtreme Advantage) services can be obtained by contacting Sunshine Coast Website Design (Xtreme Advantage) at email@example.com
- Unless otherwise specified, all amounts payable under this agreement are exclusive of GST and must be calculated without regard to GST. GST will then be added to the items as required by local law.
Services – Development and design services
- For project works (including quoted proposals) we shall develop, install (where applicable) and test the Deliverable using the methodology and development tools described in the User Acceptance Testing (UAT). To the extent specified in in the UAT we shall establish procedures and methodologies relevant to: + identifying and controlling software components and changes relating to the Deliverable; + identifying and controlling revisions of components of the Deliverable.
User Acceptance Tests
7.1 You shall, within 7 days of completion or update of the Deliverable, test the Deliverable in accordance with Acceptance Criteria and provide a response to Sunshine Coast Website Design . You shall provide all reasonable assistance to Sunshine Coast Website Design to enable you to complete the Acceptance Tests. You shall be responsible for the preparation of all necessary acceptance test data specified in the Acceptance Criteria for the purposes of conducting the Acceptance Tests. We shall be entitled to observe and, to the extent considered reasonable by Sunshine Coast Website Design , participate in the Acceptance Tests. You shall be deemed to have accepted the Deliverable when: either You have satisfactorily completed the Acceptance Tests; or if no response has been received within 14 days. The time invested to provide the service will be the quote price accepted divided by our standard hourly rate of $110/hr. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. Liability is limited to the value paid of the service that is not provided.
7.2 If you choose to request support services or other services outside of the defined project scope these will be billed at our standard hourly rate and form part of the Hours Allotted unless billed separately. We shall not be obliged to render further support services unless a separate agreement has been formed explicitly for such services.
Title and Use
- If You have fully complied with this Agreement, We shall grant You a non-exclusive and non-transferable licence to use the Developed Software. You acknowledge that We remain the owner of the Developed Software. You further acknowledge that this Agreement does not affect existing ownership rights of Sunshine Coast Website Design or a third party in the Software. You must not copy, alter, modify or reproduce any component of the Deliverable without the Supplier’s prior written consent except as authorised by this Agreement. All Intellectual Property Rights in modifications to any component of the Deliverable (whether or not authorised by Sunshine Coast Website Design ) shall immediately vest in Sunshine Coast Website Design or Our nominee.
General exclusion and operation of laws
- Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or liability implied in this agreement or protected by law to the extent that such exclusion, restriction or modification would render this agreement or any provision of this agreement void, illegal or unenforceable. Subject to that, any condition, warranty, right or liability which would otherwise be implied in this agreement or protected by law is excluded. You acknowledge and agree that: (a) prior to entering into this agreement it has been given a reasonable opportunity to examine and satisfy itself regarding all goods and services which are the subject of this agreement and that prior to entering into this agreement it has availed itself of that opportunity; (b) at no time prior to entering into this agreement has it relied on the skill or judgment of Sunshine Coast Website Design and that it would be unreasonable for You to rely on any such skill or judgment; and (c) where any acquisition of goods under this agreement has been made by reference to a sample or demonstration model, prior to entering into this agreement You have been given a reasonable opportunity: (i) to satisfy itself that the goods correspond with the sample or demonstration model as to quality, state and condition; and (ii) to examine the sample or demonstration model for any apparent defects, and that it has availed itself of that opportunity. Pursuant to section 64A of the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)): (a) this clause applies in respect of any of the goods or services supplied under this agreement which are not of a kind ordinarily acquired for personal, domestic or household use or consumption, provided that this clause will not apply if You establish that reliance on it would not be fair and reasonable; (b) liability for breach of a guarantee conferred by the Australian Consumer Law (under the Competition and Consumer Act 2010 (Cth)), other than those conferred by subsections 51–53 of that Law, is limited: (i) in the case of goods, to any one of the following as determined by Sunshine Coast Website Design : (A) the replacement of the goods or the supply of equivalent goods; or (B) the repair of the goods; or (C) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; or (ii) in the case of services, to any one of the following as determined by Sunshine Coast Website Design : (A) the supplying of the services again; or (B) the payment of the cost of having the services supplied again.
Term / Termination
- This agreement commences on the date of acceptance of a service and will end on the date it is terminated pursuant to this clause or You pay the final amount due to us under this agreement. Without limiting the generality of any other clause in this agreement, We may terminate this agreement immediately by notice in writing if: (a) You become, threatens or resolve to become or are in jeopardy of becoming subject to any form of insolvency administration; (b) You, being a partnership, dissolves, threaten or resolve to dissolve or are in jeopardy of dissolving; (c) You, being a natural person, die; (d) You are in breach of any term of this agreement and such breach is not remedied within 30 days of notification by Sunshine Coast Website Design ; or (e) You cease or threaten to cease conducting its business in the normal manner. If notice is given to You pursuant to clause Error! Reference source not found., We may, in addition to terminating the Agreement: (a) repossess any of your property in the possession, custody or control of Yourself; (b) retain any moneys paid; (c) charge a reasonable sum for work performed in respect of which work no full sum has been previously charged; (d) be regarded as discharged from any further obligations under this agreement; and (e) pursue any additional or alternative remedies provided by law. We may terminate this agreement by 30 days written notice to You. If you have agreed to or paid a deposit for any service and work has commenced by Sunshine Coast Website Design (Xtreme Advantage) then those funds are non refundable.
- Sunshine Coast Website Design (Xtreme Advantage) does not allow the use of unsolicited commercial email, “Spam” to promote products or services. Any Member engaging in the sending of Spam through the Sunshine Coast Website Design (Xtreme Advantage) network or promoting information on websites hosted by Sunshine Coast Website Design (Xtreme Advantage) will be considered in breach of this Agreement and Suspended from the Service immediately. Your use of the Service must be in compliance with Australian laws and laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviour prohibited by the Service: + Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language. + Content that has been promoted through the sending of unsolicited email (SPAM) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Sunshine Coast Website Design (Xtreme Advantage) account will result in immediate account suspension. + Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material. + Content or otherwise that exploits children less than 18 years of age. + Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received. + Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party. + Content that promotes mail fraud or other illegal or fraudulent activities. + Content that posts or discloses any personally identifying information or private information about any third parties without their express consent. + Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Sunshine Coast Website Design (Xtreme Advantage) service, solution or technology. + Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
- You agree that, unless other instructions are posted on Sunshine Coast Website Design (Xtreme Advantage)’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by Australia Post Service to each of the parties in accordance with the most current contact information you have provided to Sunshine Coast Website Design , and the contact information for Sunshine Coast Website Design (Xtreme Advantage) posted on the Sunshine Coast Website Design (Xtreme Advantage) website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. You are expected to review this contract regularly to stay current with any updates.
Reservation of Rights
- Sunshine Coast Website Design (Xtreme Advantage) reserves the right and sole discretion to: (i) Censor any website hosted on its servers that is deemed inappropriate; (ii) Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceeds allowed levels; (iii) Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information; (iv) Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Sunshine Coast Website Design (Xtreme Advantage) or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; (v) Terminate any account for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Sunshine Coast Website Design (Xtreme Advantage) determines to be harmful to its other customers, operations or reputation; or for any breach of this agreement; (vi) Suspend Service(s) at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
Limitation of Liability
- The Service is provided on an “as is” and “as available” basis and use of the Service is at your own risk. Sunshine Coast Website Design (Xtreme Advantage) makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. Sunshine Coast Website Design (Xtreme Advantage) is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by Sunshine Coast Website Design (Xtreme Advantage)’s liability does not extend to cover consequential losses and will only refund or repay the amount paid by the client during the time in question. For greater certainty and without limitation to the generality of the following: (i) in no event will Sunshine Coast Website Design (Xtreme Advantage) be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you; (ii) Sunshine Coast Website Design (Xtreme Advantage), its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service or the Site; (iii) in no event shall Sunshine Coast Website Design (Xtreme Advantage) be held liable for any damages or economic loss, whatsoever. (iV) any liability will be limited to the value of the service invoiced.
- You agree to indemnify and hold Sunshine Coast Website Design (Xtreme Advantage) harmless from and against, and to reimburse Sunshine Coast Website Design (Xtreme Advantage) with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Sunshine Coast Website Design (Xtreme Advantage) by reason of or arising out of or in connection with: (i) any breach of this Agreement by you or; (ii) any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or; (iii) illegal, pornographic, or discriminatory content on your website.
Backups and data loss
- It is your responsibility to ensure that all data is backed up. You agree to indemnify Sunshine Coast Website Design (Xtreme Advantage) against any losses incurred as a result of using our services. You agree to take full responsibility for backup and protection of any files.
- Sunshine Coast Website Design (Xtreme Advantage) will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond our control that may prevent or delay of service provisioning.
- If any part of these Terms and Conditions are found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
General (Entire agreement)
- This agreement constitutes the entire agreement between the parties regarding the matters set out in it and supersedes any prior representations, understandings or arrangements made between the parties, whether orally or in writing. (Variation) Subject to clause Error! Reference source not found., this agreement must not be varied except by a later written document executed by all parties. (Waiver) A right created by this agreement cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party. (Supplier’s Rights) Any express statement of a right of Sunshine Coast Website Design under this agreement is without prejudice to any other right of Sunshine Coast Website Design expressly stated in this agreement or existing at law. (Further assurances) Each party must promptly execute all documents and do every thing necessary or desirable to give full effect to the arrangements contained in this agreement. (Time for doing acts) If: (a) the time for doing any act or thing required to be done; or (b) a notice period specified in this agreement, expires on a day other than a Business Day, the time for doing that act or thing or the expiration of that notice period is extended until the following Business Day. If any act or thing required to be done is done after 5 pm on the specified day, it is taken to have been done on the following Business Day. (Governing law and jurisdiction) The laws applicable in Queensland govern this agreement. The parties submit to the non-exclusive jurisdiction of the courts of Queensland and any courts competent to hear appeals from those courts. (Severance) If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from this agreement without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect. (Preservation of existing rights) The expiration or termination of this agreement does not affect any right that has accrued to a party before the expiration or termination date. (No merger) Any right or obligation of any party that is expressed to operate or have effect on or after the completion, expiration or termination of this agreement for any reason, will not merge on the occurrence of that event but will remain in full force and effect. (Counterparts) This agreement may be executed in counterparts by the respective Parties, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. (Relationship of parties) Unless otherwise stated: (a) nothing in this agreement creates a joint venture, partnership, or the relationship of principal and agent, or employee and employer between the parties; and (b) no party has the authority to bind any other party by any representation, declaration or admission, or to make any contract or commitment on behalf of any other party or to pledge any other party’s credit. (Legal expenses) Each party must pay its own legal costs and disbursements in connection with the negotiation, preparation, execution and carrying into effect of this agreement. (Notices) (a) Any notice, demand, consent, approval, request or other communication (notice) to be given under this agreement must be in writing and must be given to the recipient at its Address for Service by being: (i) hand delivered; (ii) sent by facsimile transmission; (iii) sent by prepaid ordinary mail within Australia; or (iv) sent by prepaid Express Post International airmail to the Address for Service of the recipient party, if the Address for Service of the sender and the recipient are in different countries. (b) A notice is given if: (i)hand delivered, on the date of delivery; (ii) sent by facsimile transmission during any Business Day, on the date that the sending party’s facsimile machine records that the facsimile has been successfully transmitted; (iii) sent by prepaid ordinary mail within Australia, on the date that is 2 Business Days after the date of posting; or (iv) sent by prepaid Express Post International airmail between countries, on the date that is 10 Business Days after the date of posting.
Updates to Terms
- Sunshine Coast Website Design (Xtreme Advantage) reserves the right to change or update these terms at any stage. You should maintain familiarity with the latest terms of service as made available on the Sunshine Coast Website Design .com.au website.
Refund Policy for New Accounts
We have a 14-day money back guarantee for all new hosting accounts. If you are not completely satisfied with our services within the first 14 days of your contract, you will be given a full refund of the contract amount excluding setup fees, software and licensing costs, data transfer over-usage, disk space over-consumption, domain registrations, domain transfers and domain renewals.
The money back guarantee requests should be directed to firstname.lastname@example.org
Refund Policy for Renewals (Hosting)
All Renewals of web hosting contracts will be refunded if Sunshine Coast Website Design is notified prior to the Invoice Date. Refund requests received after this date will be made at the discretion of Sunshine Coast Website Design management. All cancellations must be received in writing 5 days prior to the renewal date and can be sent by regular mail, e-mail and fax notifications. Phone requests will not constitute acceptance of any cancellation.
All other refund requests
Our priority is to serve our customers and provide them with the highest quality of service we can. If for some reason you would like to request a refund please contact our customer care team at email@example.com. Refunds will be given at the discretion of Sunshine Coast Website Design’s management.