Terms And Conditions
Please read through our Terms and Conditions. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. When we say “We”, “Quality Web Design”, “US” and “our service” we are referring to Quality Web Design Pty Ltd and its respective products and services. References to “you” “your” “customer” “client” and the like, refer to you, and your agents. These Terms and Conditions can change at any time.
OUR BILLING PROCEDURE
You will be billed once a month when using our service. We bill on the first of the month for that month's monthly subscription fee. You will be billed retrospectively for any additional services that you use during a given month. Your first month will be billed on a pro-rata basis dependent on the number of days left in the month.
DESIGN DEPOSIT
A non-refundable 50% deposit is payable on all of our Design Packs. This is charged to your credit card prior to our Design Team beginning work on your website. The final 50% is payable within 7 days before activating your website. A hosted live version of your site will be available for viewing before the site goes live. The deposit is totally non-refundable once your card has been charged.
12 MONTH OBLIGATION
If you purchase a website or ongoing site maintenance your website must remain active and you a full-paying customer of Quality Web Design for 12 months.
PAYMENT IN ADVANCE
You are billed for the month or 12 months in advance. If you cancel your service, after this time, you will not be billed again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month you have used.
OUR REFUND POLICY
If you are not happy with your website within 1 month of going live then you can cancel your service immediately. From the time you receive your cancellation confirmation you will no longer be billed by Quality Web Design. No retrospective cancellation is possible. You are billed monthly, for the month in advance for your monthly subscription. No refunds or partial refunds are available for unused portions of the month or non-refundable deposits.
THE IMAGES ON YOUR WEBSITES
If we use stock imagery on your website you do not own these images, ownership is retained by the image rights owner. Such images can therefore not be used or re-used for any other purpose and can only be used as they were placed onto your website by us. Any editing of the dimensions in which they appear may contravene their usage rights. Do not copy the images and use them in other promotional materials. If you are looking to own the images on your website or use them for another purpose then please contact us and we will endeavor to put you in contact with the image rights owner.
This of course, does not apply to images that you own and provide to us for use on your website.
OUR INTELLECTUAL PROPERTY
The system that runs your website remains the property of Quality Web Design at all times. The coding, programming and intellectual property that creates your website is owned by Quality Web Design. In purchasing a website package with us you own the style, design and graphic design of the website. You also own all of the content that you place onto your website. The content, style and design on your website will be made available to you if you elect to leave Quality Web Design.
WEBSITE CONTENT
Websites from Quality Web Design cannot be used to disseminate, communicate, store or transmit:
* content sexually-explicit in nature;
*information that contains virus’, worms or malicious elements;
*Copyright infringing data;
*trade secret protected data;
*data that infringes on any intellectual property, publicity rights or privacy rights;
*is defamatory, harassing or threatening;
*relates to illegal business operations or schemes;
*contains deliberately misleading, incomplete or deceptive content; or
*is deemed inappropriate by Quality Web Design
THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. We reserve the right to add a link to your website as a proof of work and a link from your website to ours.
YOUR OBLIGATIONS
You:
* agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
* agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
* will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
* will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
* will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
* agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
INDEMNITY
You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account.
OUR RIGHTS
We reserve the right to:
* modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
* change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
* We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
YOUR PRIVACY
Your privacy is important to us. We will never sell, lease or distribute your contact details to any 3rd party. We will only reveal data pertaining to your account if compelled to do so by law.
FAIR USE POLICY
We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Quality Web Design customer then we reserve the right to terminate your account – effective immediately.
ACCESSIBILITY
We make efforts to ensure that our website, Mission Control and all of our services are online 24x7 every day of the year. However, this will not always be the case. There are times when our website will be down, sometimes for things that we can’t control and others that we can. When our service is offline we will do our best to get it online as soon as possible We will not be held responsible for damage, events or losses directly or indirectly related to our website being offline.
ONLINE
We endeavor to provide at least 99% uptime on all of our hosting. If in a given month, we do not reach this target, we will not offer compensation. We offer hosting for free (included in the price of our service) and do our best to keep our sites online but cannot be held responsible when websites are offline.
LIABILITY
We will not be held liable for any action or inaction relating to our service. We offer a unique service at highly competitive rates. We believe that our system is highly secure from the actions of hackers, viruses and other problems on the internet but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. If your website is offline then please contact us and we will try to fix the problem as soon as possible. We will not be liable for loss of sales, leads or reputation from using our service.
JURISDICTION
This website is governed by the laws of the state of Queensland, Australia. Any dispute arising from the use of this website will be settled in this jurisdiction. Any questions pertaining to these terms and conditions please contact us on web
email - info@qualitywebdesign.com.au
Click HERE for a printable version
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terms and conditions :: privacy policy :: Web design by Quality Web Design :: Copyright 2007
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