Terms, Conditions & Limitations
By allowing Port Stephens Websites to design and host your website and domain name you agree to be bound by its terms, conditions, disclaimers and limitations of liability ("Terms and Conditions") and you acknowledge that you have read and understood and accepted these Terms and Conditions. If you do not accept these Terms and Conditions, you must immediately discontinue using any services of Port Stephens Websites. Port Stephens Websites reserves the right to amend or update these terms and conditions, disclaimers and limitations of liability at any time without providing notice to you. Your continued use of Port Stephens Websites services will represent an agreement by you to be bound by the Terms and Conditions as amended.
1) Payments for Website design, major changes and website Hosting Payment terms
Unless otherwise stated Port Stephens Websites payment terms for any invoice sent is SEVEN(7) days from the date of invoice. If FULL payment for any service performed by Port Stephens Websites is not paid according to these payment terms then Port Stephens Website reserve the right to cease or suspend any website hosting or any e-mail address or any other Port Stephens website service. Port Stephens websites cannot be held responsible for any loss of data or income past and future due to a website or e-mail address being suspended due to non-payment.
2) Limited time spent on any one website design:
Any quote provided by Port Stephens Websites is time limit based (Not project based).The maximum and limited amount of time spent on any one website design is is 8 Hours. This includes ALL aspects of the design including the demo phase for any one domain name. If this time is exceeded then additional time spent will be classed as extra work and is additional to the original quoted price. This means that all hours in excess of the time mentioned above spent on the design and construction of the website will be charged at Port Stephens Websites nominal hourly rate. This extra charge will either be added to the final invoice or charged separately either before or after the completion of the website as deemed appropriate by Port Stephens Websites.
An original quote will be sent via e-mail specifying the price for the website project. ANYTHING not mentioned in this quote will be deemed outside the scope of the project and may incur extra charges. Port Stephens Website reserves the right to charge for any requested task made after the original quote has been sent and will either add the extra amount to the final invoice or charged separately as deemed necessary.
Website hosting is mandatory for all websites and will incur the standard monthly fee. If the website is NOT to be hosted on Port Stephens Websites servers then this MUST be discussed and agreed to before accepting any quote. If the decision to host the website elsewhere is made after the quote has been accepted then extra design costs will be incurred. This is because the design costs is dependant on the website being hosted with Port Stephens Websites. Design costs with no website hosting will need to be quoted separately.
5) Official Commencement of Hosting
The official hosting date will be determined when the website project commences.
6) Cancelling website hosting due to non-payment
Port Stephens reserves the right to immediately suspend or remove any website or E-mail address from operation when the hosting payment or any other payment has not been received according to the payment terms or if the hosting period has expired. If the Hosting payment has not expired but any other payment has not been paid according to the payment terms or stated on the invoice then Port Stephens Websites still reserves the right to remove or suspend any website service or any e-mail address from operation. If the website or email address(es) are suspended due to non-payment and subsequently removed off the server there will be an extra cost to re-instate the suspended website / email address(es). This extra cost will need to be paid before any website / email address(es) are un-suspended. Port Stephens website cannot be held responsible for any loss of data or income past and future due to a website or e-mail address being suspended due to non-payment.
7) Free Minor changes
Port Stephens Websites offers free minor changes to all hosted websites. Minor changes is classed as any change that takes Port Stephens Websites less than 10 minutes to complete. Any change taking greater than 10 minutes or if there are multiple Minor Changes over a short period of time will be deemed a major change and charged a minimum of 1 hour. Port Stephens Websites also reserves the right to revoke free minor changes to any website or customer if deemed necessary or if the customer is unfairly taking advantage of this feature or for any outstanding invoice payment or for any other reason.
8) E-Mail Addresses
Port Stephens Websites can setup email address on our servers using the domain name but Port Stephens Websites is not responsible in any way for any email stored on any server. This includes both using the pop3 (temporary email storage) and IMAP (permanent email storage) protocols. There is also a limited amount of space available and the inbox may become full if IMAP is used. It is the customers responsibility to clear up storage space which the emails are taking so the inbox does not become full.
Port Stephens Websites will not be held liable or responsible in any way any email sent or received or the storage space limitations that will be imposed. Also Port Stephens Websites shall not under any circumstances be liable or responsible for any e-mails deemed missing, removed, corrupted, not received or not delivered or for any other issue relating to any e-mail or e-mail address. There is a WEBMAIL feature that can be used for when customers are away from their PC's for a short period of time - eg Holidays, Sick etc but must not be used as the normal method for reading and replying to e-mails.
9) FTP Accounts
Under no circumstances will Port Stephens Websites allow or supply FTP details to access any customers website and data directly. The reason for this is that Trojans and other website viruses can corrupt or delete files through FTP credentials accessible via the customers PC. Another reason is that Port Stephens Websites servers could also be used as a server for sending spam and other viruses transmitted through FTP details. For these reasons and to protect the servers reliability, stability and data no direct access to any customers domain and data can be given.
10) Timing of changes
ANY change / modification / addition or deletion of any content or request will be completed on a BEST EFFORTS basis. There is no guaranteed timing of any requests and Port Stephens Websites cannot be held responsible for changes not being made or changes being made beyond the timeframe of the customer expectations.
11) Service and E-mail availability
Port Stephens Websites shall use reasonable endeavours to provide continuing availability of the server and services, but we shall not under any circumstances be liable for service interruptions or down time of the server or any absence of any other service including e-mails and e-mail addresses or issue relating to any service.
12) Limitation of Liability
Port Stephens Websites will not accept liability to you in respect of any loss or damage (including indirect special or consequential loss or damage) which may be suffered or incurred by you or which may arise directly or indirectly in respect of any services supplied by Port Stephens Websites or in respect of any failure or omission on our part to comply with our obligations as set out in these Terms and Conditions. Any liability of Port Stephens Websites or it's owner subcontractors, consultants in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Port Stephens Websites be limited to in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again.
13) Accuracy of Content
ALL content placed by Port Stephens Websites which includes the initial content and any major or minor change which may occur throughout the lifetime of the website shall NEED to be confirmed and checked by the client. The client shall not hold Port Stephens Websites liable for ANY content made during the design of the website and any change made throughout the lifetime of the website. ALL content and changes must be checked and in the absence of any corrections deemed accurate and correct. Port Stephens Websites will not be liable or responsible for any incorrect data on any website hosted by Port Stephens Websites in respect to any content, email address, contact form or other feature or data not being checked.
14) Self-managed content
If a website is deemed "Self-Managed" then any data, information or content that exists that website is controlled and is the responsibility of the client. Port Stephens Websites will not be liable or responsible for any data on any website hosted by Port Stephens Websites in respect to the content being controlled by the client.
15) Transferring and Migrating Website Content
Port Stephens Website does not allow 3rd party access into its shared hosting environment for any reason including the transferring of a website to another host. Websites and website data only can be migrated to another hosting server if requested. Port Stephens Websites owns the license of some select plugins and themes. These licences will need to be removed and cannot be transferred to another third party. This is due to the license agreement and restriction of the relevant plugin or theme. This does not restrict the functionality of the website when migrated to a new server but new licenses will need to be purchased if updates or support for those plugins or themes are needed. Also any time spent in packaging up the website will need to be charged back to the client. Port Stephens Websites will not be held responsibility or give support to any website after it has been migrated away from Port Stephens Websites hosting servers.
16) Deciding to cease website hosting
Any hosting fee paid to Port Stephens Websites will not be refunded in the event of the customer choosing to cease the website hosting due to relocating the data or content to another server or if the businesses cease to exist.
17) Backing up and restoring of data
All clients websites are backed up on a limited basis. For customers that can control their own content the customer is solely responsible for any data of any type they choose to add. Port Stephens Website cannot be held responsible or liable for any data of any sort that appears missing, corrupted, misaligned, incorrectly added, added without permission or is inaccurate in anyway or for any other issue associated with any data on any website hosted by Port Stephens Websites. All restoring of data will be completed on a reasonable endeavours basis and no guarantee will be given what-so-ever as to the availability or accuracy of the restored data. Port Stephens Websites will not be liable or responsible for any data on any website hosted by Port Stephens Websites in respect to any date being restored or the inability of that data being restored.
Emails, email attachments and email addresses are NOT backed up and Port Stephens Websites will not be liable or responsible for any missing, corrupt or any other issue related to emails, email storage files, attachments or email addresses.
The information contained on any website hosted by Port Stephens Websites is provided by Port Stephens Websites or it's customers in good faith. To the best of Port Stephens Websites knowledge, the information is accurate and current. However, Port Stephens Websites or Port Stephens Websites Associates do not make any representation or warranty as to the accuracy or completeness of the information. We do not accept responsibility for any loss suffered as a result of reliance by you upon the accuracy or currency of information contained on any website Port Stephens Websites hosts.
Port Stephens Websites Web Hosting services are provided on an "as is, as available" basis. Port Stephens Websites gives no warranty, express or implied, for the Web Hosting services provided. This no warranty clause expressly includes any reimbursement for losses of income due to disruption of services by Port Stephens Websites Web Hosting or our providers beyond the fees paid by you to Port Stephens Websites Web Hosting for our products and services. To the fullest extent permitted by applicable law, Port Stephens Websites disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement. Port Stephens Websites makes no warranty that this website or any website we host, any information or ideas contained on this website or any website we host or any products or services will meet your requirements. You expressly acknowledge and agree that Port Stephens Websites does not control other users of this website or any website that is self managed by any of Port Stephens Websites customers, the providers of information or ideas to any hosted website or the suppliers of goods and services purchased from any hosted website, and Port Stephens Websites is therefore not liable for their opinions or their behaviour, including any information or advice provided by them or any defamatory statements made by any hosted website or any offensive conduct on their part. You further acknowledge and agree that, subject to the section dealing with "Limitation of Liability", Port Stephens Websites will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through any Port Stephens websites hosted website.