In order to become a customer of Sitemaster, or a user of any and all Sitemaster services including website design services, domain name registration, website hosting, graphic design and e-marketing, you must agree to the following terms and conditions.
1.1. It is the customer’s responsibility to keep Sitemaster up to date with their contact details. If the customer fails in this it could result in expiration of services.
1.2. Sitemaster reserves the right to refuse service and/or access to its products and servers to anyone.
1.3. Sitemaster reserves the right to suspend or cancel a customer’s access to any or all services provided by Sitemaster when Sitemaster decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
1.4. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Sitemaster services to other parties.
1.5. If Sitemaster does not receive your design brief within a 6 month period from the date of order and deposit paid your account will be suspended. Reopening your account incurs a $60 + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.
1.6. During the design phase of your project, if you do not sign off your design within a 6 month period, Sitemaster reserves the right to suspend your account. Reopening your account incurs a $60 + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.
1.7. All invoices will be sent to customers via email
2. cancellations & refunds
2.1. All deposits and fees paid are non-refundable after the design brief is returned to Sitemaster or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $80+GST administration fee.
2.2. Once the design work has been signed off prior to the website build all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
2.3. The usability, functionality and/or limitations of Our Websites content management systems is no reason for not paying the balance of your website. If you require a particular functionality Sitemaster provides publicly available demos of both CMS programs that you can trial prior to purchase.
2.4. Fees charged on a prepay basis are non-refundable.
2.5. If a customer contravenes the Sitemaster terms and conditions, Sitemaster reserves the right to terminate the service immediately with no refund.
2.6. If Sitemaster is required to employ the services of a debt collector to pursue any overdue balance payment, the cost of doing so will be passed on to the customer and added to the customers invoice.
2.7. If the customers website has been terminated due to cancellation or expiry, Sitemaster can reinstall the website within a 12 month period at a cost of $195 + GST providing the client has a back up of the website. It may be possible that we have retained a copy of the originally designed website.
2.8. Please contact our administration team for a cancellation form, this is required before we cancel the account, this applies to web design services or web hosting services.
3. website design & support
3.1. You will receive two website design concepts, and a slight variation of each concept by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2 is normal.
3.2. 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.
3.3. Elements of the website designs remain the copyright of Sitemaster.
3.4. Due to the content management system licensing restrictions Sitemaster websites can only be moved away from Sitemaster servers after one (1) year.
3.5. If a logo has been purchased, this will need to be signed off before the website design is commenced.
3.6. Support, FAQs and manuals are available free of charge in each user account and on ourinternet.com.au to assist customers update their websites.
3.7. Sitemaster websites are self managed and Sitemaster is not responsible for any copy, editing or updating of the clients website. Sitemaster is under no obligation to do any work on your website unless contracted to do so.
3.8. Sitemaster has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.
3.9. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. Sitemaster will monitor your usage and if Sitemaster 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 Sitemaster monitors the bandwidth/disk space usage of the website, Sitemaster does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
3.10. On all Sitemaster websites there is a built-in authorship page that links to the Sitemaster website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed.
3.11. Sitemaster does not allow any of the following content or websites to be stored on its servers:
3.11.1. 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.
3.11.2. Scripts – any script that creates a load on the server will be removed.
3.11.3. 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.
3.11.4. 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 Sitemaster.
3.11.5. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.
3.11.6. Websites that promote Psychiatry.
4. financial arrangements for Sitemaster’s websites
4.1. Customers agree to a twelve (12) month contract, beginning upon the date Sitemaster has designed, built and handed over the website weather it be a new (i.e. the date when Sitemaster sends out the username and password) or an upgrade.
4.2. Cost of the Sitemaster websites is a set price for design and installation, then an ongoing monthly fee.
4.3. The deposit for website installation and design is due with order. The balance is due when the Our Website has been designed, built and handed over to the customer.
4.4. The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which your website is designed, built and handed over to you.
4.5. This agreement will automatically renew after the life of the contract has ended until cancelled in writing. Fees are subject to change after this twelve (12) month period with notice from Sitemaster.
4.6. Although Sitemaster reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
4.7. Failure to make ongoing monthly payments may result in your website and emails being suspended.
5. domain registration
5.1. Sitemaster 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.
6.1. Sitemaster shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using Sitemaster’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
7. graphic design
7.1. 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.
7.2. Any further changes after sign off will need to be quoted and billed separately.
7.3. All Sitemaster graphic designs remain the copyright of the client.
7.4. Sitemaster 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. Sitemaster, 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.
7.5. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.
8.1. Sitemaster 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 Sitemaster 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.
8.2. Sitemaster makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Sitemaster 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.
8.3. Use of any information obtained by way of Sitemaster is at the Customer’s own risk, and Sitemaster specifically denies any responsibility for the accuracy or quality of information obtained through its services.
8.4. Sitemaster 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. Sitemaster specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
9. trademarks & copyrights
9.1. The Customer warrants that it has the right to use the applicable trademarks, if any.
10. hardware, equipment & software
10.1. The Customer agrees that he or she has the necessary knowledge to maintain the website. The Customer agrees that it is not the responsibility of Sitemaster to provide this knowledge or customer support outside of the defined service of the Sitemaster support.
10.2. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Sitemaster websites. Sitemaster makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Sitemaster service.
11. limited liability
11.1. The Customer expressly agrees that use of Sitemaster websites and services is at the Customer’s sole risk. Neither Sitemaster, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Sitemaster 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 Sitemaster servers, unless otherwise expressly stated in this agreement.
11.2. Under no circumstances, including negligence, shall Sitemaster, its officers, agents or anyone else involved in creating, producing or distributing Sitemaster services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sitemaster 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 Sitemaster’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Sitemaster’s servers.
11.3. 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.
12. lawful purpose
12.1. The Customer may only use Sitemaster 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.
13.1. The Customer agrees that they shall defend, indemnify, save and hold Sitemaster harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Sitemaster, 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 Sitemaster against Liabilities arising out of
13.1.1. any injury to person or property caused by any products sold or otherwise distributed in connection with Sitemaster’s server
13.1.2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
13.1.3. copyright infringement
13.1.4. any defective product which the Customer sold on the Sitemaster Server
14. governing laws
14.1. 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.
15.1. 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.
16. contract revisions
16.1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Sitemaster, services as specified in Section 4. Financial Arrangements for Sitemaster websites.
17.1. The Customer may not transfer this agreement without the written consent of Sitemaster.
17.2. Sitemaster websites can not be transferred away from Sitemaster servers.
17.3. Domain names will always remain the property of the Customer.
18. this agreement
18.1. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.