Website Solutions for Small Business

THIS AGREEMENT is for services provided by Demeter Manktelow, www.myozsite.com.au (MY OZ SITE), ABN 71 453 995 505 to the Client, and commences on the date the Client accepts these terms and conditions.

MY OZ SITE will provide the web design, web programming and web hosting service (the Work) as detailed in its offer to the Client for the term and for the payment specified in the offer (quote). If the quote is accepted then MY OZ SITE will provide an invoice for 50% deposit. The balance is due on completion of the Work.

Additional Services requested above those detailed in the offer will incur additional fees. The fees and time scale for providing Additional Services will be discussed with and approved by the Client before the Work is carried out.

We do not routinely monitor the activity of accounts except for measurements of system utilisation and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. In general, you may NOT use you’re MY OZ SITE account:

MY OZ SITE reserves sole discretion to determine whether any use of the service is a violation of these Terms.

All completed work undertaken for the Client will be the property of the Client. MY OZ SITE will not hold any ownership of the design or content.

All images or logos that are supplied to MY OZ SITE for inclusion in the website development MUST STRICTLY be the intellectual property of the Client. MY OZ SITE will refuse to use any supplied images or artwork that it reasonably believes to be the property of another company, person or organisation or the Client cannot demonstrate that the image or artwork is their property. If the Client supplies content to be added to the website and it is added, but later it is the focus of a intellectual property or copyright dispute, then MY OZ SITE will take no responsibility for supplied content and cite that the Client has knowingly signed the Terms and Conditions agreeing that they were aware of this clause and take full responsibility and cost for any legal actions taken by the copyright holder of the disputed image or artwork.

MY OZ SITE will provide the web design and web programming service as specified in the Schedule of Work or agreed Quote or Invoice at the price and at the time stated in the acceptance of the Clients instructions to proceed with the Work.

The Client will pay for the Work at the rate specified in the invoice from MY OZ SITE. 50% deposit of the quote/invoice is expected to commence work. All projects will be considered finished after a final review by the Client and payment of due for the balance of the quote/invoice. MY OZ SITE reserves the right to recover the cost of outstanding invoices including any legal costs associated with collection.

All quotes supplied to new customers will clearly identify the total cost of development. All quotes will also clearly state that if additional work is requested that falls outside of the agreed work MY OZ SITE will not undertake to complete the additional tasks until the customer agrees to the additional cost which will be estimated and quoted. No work additional work will be undertaken and charged for unless agreed.

Domain names are usually invoiced 21 days prior to their expiry and will be renewed on the invoice due date assuming that payment has been received and applied to the invoice. If you do not wish to renew your domain, please submit a request to remove it from your account at least five business days prior to the renewal so that you are not re-billed for the domain. If you do wish to renew your domain names, please make payment on the invoice(s).

You will be charged the same price for your domain name renewal as when you signed up (excluding when purchased during domain name specials). The pricing is locked in by our billing system.

Renewal invoices via email are sent 30 days prior to the anniversary date (for yearly subscriptions) and payment must be made promptly to avoid service disruption. Overdue accounts will receive email alerts up until 14 days past due after which time access to the account will be suspended pending payment. Suspension renders the website to go off-line, emails to cease and access to Cpanel to cease. Reinstatement of the account resumes once payment is made. It is the responsibility of all clients to respond to payment reminders and arrange for payment by the due date. Refunds for website hosting will be given at the discretion of MY OZ SITE and may involve a pro-rata compensation for the unused period. Domain name registrations are non refundable. MY OZ SITE may terminate any account with no refund to customer in the event of customer's breach of any of the terms or conditions contained herein.

It is the responsibility of all Clients to ensure that your email address is up to date. Reminder emails are sent warning you of a pending due date. Emails are also sent at regular intervals after the due date has passed without payment. Three warning emails are sent to overdue account holders. If after 14 days of non payment the account is scheduled for suspension on the 15th day automatically. Accounts can be un-suspended when payment is made on the overdue account. No overdue fees are incurred.

Cancellation requests for MY OZ SITE accounts must be made in writing at all times. To avoid any confusion and misunderstanding verbal telephone requests for cancellation will not be accepted.

If you have cancelled your account with MY OZ SITE and would like to reactivate your account, you will need to place a new order.

ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. MY OZ SITE is not responsible for Customer's files residing on the Network. The Customer is responsible for independent backup of all such data at a site determined by the customer. MY OZ SITE cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. MY OZ SITE is in no way responsible for any data loss or damage arising from viral infection from the Internet. MY OZ SITE and/or contributors shall have no liability whatsoever to you for any claim(s) relating in any way to: your inability or failure to perform research or related work or to work properly or completely, or any lost profits or consequential, exemplary, incidental, indirect or special damages relating in whole or in part to your rights hereunder or use of, or inability to use, MY OZ SITE Hosting Services.

For any damage suffered by you, including, but not limited to, loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via MY OZ SITE Internet Services is at your sole risk. MY OZ SITE specifically disclaims any responsibility for the accuracy or quality of information obtained through MY OZ SITE Hosting Services. As a user you are warned that some Internet sites accessible via MY OZ SITE allows posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. MY OZ SITE is not responsible for inadvertent or deliberate access to such material and cannot prevent access of such material. It is recommended that each customer closely monitor use of his/her account especially in the case of potential use or misuse by minor children. Accounts for minor children must be opened by a parent or legal guardian with their explicit consent. MY OZ SITE services may be used only for lawful purposes. Transmittal of any material in violation of any international, federal or state regulation is prohibited. This includes, but is not limited to: copyrighted materials, material legally judged to be threatening or obscene, or material protected by trade secret or software protected by copyright. You agree to indemnify and hold harmless MY OZ SITE from any claims resulting from your use of the service that damages you or another party. Any access to other networks through the MY OZ SITE Network must comply with the rules appropriate for the other network. Violation of the rules of other networks is grounds for account cancellation. This includes, but is not limited to, mass Usenet posting, Usenet cross-posting, mass emailing, and/or the sending of unsolicited email, commercial or otherwise. MY OZ SITE and its affiliates shall not be liable under any legal theory (including tort or contract) for any direct, indirect, incidental, special or consequential damages in any way related to the product or services provided. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall MY OZ SITE be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss of goodwill, work-stoppage, computer failure or malfunction, or any and all other commercial damages or losses, or for any damages even if MY OZ SITE has been informed of the possibility of such damages, or for any claim by any other party.

MY OZ SITE reserves the right to change its services without notice including but not limited to access procedures, hours of operation, menu structures, commands, documentation, and services offered. Modifications to the Terms and Conditions will be posted to this MY OZ SITE web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of MY OZ SITE after such notice shall constitute Customer acceptance of such modifications. The Customer understands that our services may be interrupted for several reasons, including but not limited to malfunctions, maintenance, and improvement or as required to protect network resources in the event of malfunctions or misuse. The Customer understands that it may not receive advance notification of any such interruption of service. There will be no refunds for scheduled or unscheduled service interruptions of less than 24 hours duration.