21 Dec

Terms

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Terms & Conditions

Last Updated: 30th October 2013

TERMS AND CONDITIONS OF THE SERVICES OF BUSINESS-IN-SITE.COM (TRADING AS “BESTCHEAPWEBSITEDESIGN.COM”)

The payment of a deposit and/or the use or continued use of BESTCHEAPWEBSITEDESIGN.COM’s services signifies acceptance of these terms and conditions.

 

Delivery of Service:

BESTCHEAPWEBSITEDESIGN.COM is agreeing to complete the work as described in any Ballpark (Estimated) Quote and/or Scope of Work and/or Technical Addendum and/or Ad hoc quote that may be provided to you. Please refer to those documents to understand the product or service that you are purchasing and to ensure that it suits your requirements. You should also refer to the examples or demo websites that BESTCHEAPWEBSITEDESIGN.COM has provided to you of other websites that BESTCHEAPWEBSITEDESIGN.COM has previously designed and which fall within your budget level so that you fully understand the product or service that you will be receiving. It is your responsibility to ensure you are aware of and are familiar with the full specifications and functionality of the product or services that you are purchasing, and accordingly you are fully responsible for ensuring that you obtain from BESTCHEAPWEBSITEDESIGN.COM any of the above listed documents that are necessary for you to understand these matters.

You must understand the functionality and or limitations of the product or service that you are purchasing, and that any such changes to the standard functionality may delay your project and may incur additional costs.

Client Responsibilities and Obligations:

You must follow all instructions provided by BESTCHEAPWEBSITEDESIGN.COM and provide to BESTCHEAPWEBSITEDESIGN.COM, in a timely manner, all information and materials requested by BESTCHEAPWEBSITEDESIGN.COM.

All website content (Client Logo, Client Text, Client Images, etc) must be provided to us by the client. Website content is not included in website quotes (if you should require web content creation services then please contact us for a quote based upon your specific needs. Cost of content creation services will vary according to factors such as: difficulty, topic, niche, expertise or special skills required, etc. Text content creation also varies in cost according to factors such; location of content writer (eg: Australian or US and UK content writers will cost more than Indian writers), the number of words in each article / post, and the volume of content being purchased.

Client, including the text content, images, and other web content, from us). in the format specified by BESTCHEAPWEBSITEDESIGN.COM.

All website content (Client Logo, Client Text, Client Images, etc) must be provided to us in a finished state, be ready for use / uploading to the website, and must be supplied in our preferred file format(s) – Image Files:  jpg or png format (Note: raw, epi and psd files are only accepted if /when we are undertaking graphic design services for client, or we have requested a specific file format). Text / Website Content: .txt or  .rtf (Rich Text Document) file format.  Failure to provide web content in our preferred file format(s) or the correct format required for the job will result in delay, and possibly additional charges.

Please note that excessive or unreasonable instructions, or links to content published on other third party sites for retrieval by us, will not be accepted (unless BESTCHEAPWEBSITEDESIGN.COM staff or management team have actually requested such links from you, and the content on the third-party site is yours to use).

The instructions provided by BESTCHEAPWEBSITEDESIGN.COM as to information and materials that you are to supply are designed to ensure your site is completed on time and within the specifications agreed upon. Noncompliance with these instructions will cause delays in delivery of your product and may result in you incurring additional costs.

At times BESTCHEAPWEBSITEDESIGN.COM may request domain name and hosting information from you. Once this information is received by BESTCHEAPWEBSITEDESIGN.COM, BESTCHEAPWEBSITEDESIGN.COM may re-delegate the domain name so that it points at BESTCHEAPWEBSITEDESIGN.COMs’ servers or replace or delete files on your hosting account as needed in order to complete your project. You authorize BESTCHEAPWEBSITEDESIGN.COM to undertake these steps. Such activities may cause disruptions to your existing website, email and other services. If you have any special instructions or requirements regarding this, please advise BESTCHEAPWEBSITEDESIGN.COM immediately.

BESTCHEAPWEBSITEDESIGN.COM will request feedback from you at certain stages of undertaking the process of building your website. Any subsequent requests for changes must be provided in the format required by BESTCHEAPWEBSITEDESIGN.COM and sent to BESTCHEAPWEBSITEDESIGN.COM in only ONE email. Sending excessive or multiple emails may cause detail to be missed and may result in you incurring additional charges.

Once your website is handed over to you, any further work or changes will result in you incurring additional costs. It is your responsibility to check that the site is to your satisfaction prior to the handover of the site. Once the site is made live, you must check any functionality (e.g. checkout and payment processes) to ensure that your website visitors experience the site the way you intend.

Traffic Spikes / Server Resources: (Note; only applies to Clients Using Our Web Hosting Services) If you are expecting or experiencing any large spikes in your web traffic, DDOS / Brute-Force attacks or something else which has potential to cause stress or problems to our web hosting servers, you must inform BESTCHEAPWEBSITEDESIGN.COM as soon as practicable so that BESTCHEAPWEBSITEDESIGN.COM can assess any potential impact on its infrastructure and other clients. Any conduct that endangers the web hosting services provided by BESTCHEAPWEBSITEDESIGN.COM to other clients will result in your site being suspended. This includes, but is not limited to, undertaking activities such as mass mail outs which can cause disruption to BESTCHEAPWEBSITEDESIGN.COMs’ server.

Project Non Completion:

You acknowledge that, in the event that BESTCHEAPWEBSITEDESIGN.COM cannot complete the development of your site due to difficulties in executing the proposed services (which may be due to either project issues or client difficulties) then BESTCHEAPWEBSITEDESIGN.COM may, by written notice to you, terminate its agreement with you, at which time BESTCHEAPWEBSITEDESIGN.COM shall, at their sole discretion, either refund to you any monies paid by you or shall provide to you any work completed by BESTCHEAPWEBSITEDESIGN.COM and paid for by you.

Intellectual Property Rights:

You warrant to BESTCHEAPWEBSITEDESIGN.COM that any and all information and material provided to BESTCHEAPWEBSITEDESIGN.COM by you or by any one on your behalf does not infringe the copyright or other intellectual property rights of any third party and you indemnify BESTCHEAPWEBSITEDESIGN.COM against any action taken against BESTCHEAPWEBSITEDESIGN.COM by any such third party.

You accept responsibility for all information and material provided to BESTCHEAPWEBSITEDESIGN.COM or uploaded to your site by BESTCHEAPWEBSITEDESIGN.COM or yourself, and you indemnify BESTCHEAPWEBSITEDESIGN.COM against any liability in relation thereto. Specifically, you undertake that you will not publish, distribute or issue any information that is illegal or offensive, including copyrighted materials.

Breach or alleged breach of a third party’s intellectual property rights or other rights may result in your site being suspended.

BESTCHEAPWEBSITEDESIGN.COM reserves the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

All intellectual property rights (including rights in relation to patents, trademarks, moral rights, service marks, rights in design, database rights, application for any of these rights, copyright, trade or business names or other similar rights or obligations whether they are able to be registered or not in any country) in respect of any software owned or used by BESTCHEAPWEBSITEDESIGN.COM in the creation of your website or which are created (either now or in the future) by BESTCHEAPWEBSITEDESIGN.COM, or which result from the engagement of BESTCHEAPWEBSITEDESIGN.COM to create your site shall remain the property of BESTCHEAPWEBSITEDESIGN.COM. This includes specifically all copyright in any design, code or document created or any discoveries made in the course of the creation of your site, which shall, upon creation, vest in and be the exclusive right and property of BESTCHEAPWEBSITEDESIGN.COM. Upon payment in full of all monies owing to BESTCHEAPWEBSITEDESIGN.COM, you shall be granted a license to use all such intellectual property however you acknowledge that the license does not constitute an assignment of any such intellectual property rights in any proprietary software either owned or used by BESTCHEAPWEBSITEDESIGN.COM.

Project Timelines:

BESTCHEAPWEBSITEDESIGN.COM estimates that your site can be created in under 28 days, unless otherwise specified prior to commencing the project.

The above time frame is an estimation only and projects can be delayed by a number of factors including (but not limited to) non-compliance by you with the instructions to or requests from BESTCHEAPWEBSITEDESIGN.COM, incorrect content being supplied to BESTCHEAPWEBSITEDESIGN.COM and BESTCHEAPWEBSITEDESIGN.COM being unable to contact you for prolonged periods of time. You must ensure that BESTCHEAPWEBSITEDESIGN.COM have accurate contact details for you.

You must make every effort to follow the instructions provided by BESTCHEAPWEBSITEDESIGN.COM and provide the required information to BESTCHEAPWEBSITEDESIGN.COM in a timely manner in order to facilitate delivery times and correct specifications.

Delays in providing the required information to BESTCHEAPWEBSITEDESIGN.COM may result in delays in product delivery and also may result in you incurring additional charges for administration time.

BESTCHEAPWEBSITEDESIGN.COM will make all reasonable efforts to provide the product by the estimated date but do not accept liability for any costs incurred, loss or damage (including consequential loss or damage) compensation or loss of earnings due to any failure to meet agreed deadlines.

In order to enable BESTCHEAPWEBSITEDESIGN.COM to complete your project within a reasonable time frame, BESTCHEAPWEBSITEDESIGN.COM may move your site to the next stage of development in circumstances where:

BESTCHEAPWEBSITEDESIGN.COM does not receive any feedback or changes from you within 14 days of such items being requested; or

BESTCHEAPWEBSITEDESIGN.COM does not receive your content within 14 days of it being requested.

BESTCHEAPWEBSITEDESIGN.COM, in its sole discretion, reserves the right to develop your website without first receiving your progress payment in the event that BESTCHEAPWEBSITEDESIGN.COM does not receive your content within 14 days of having requested it. If BESTCHEAPWEBSITEDESIGN.COM elects to build your site without first receiving content from you, standard template content will be used which can be changed by you or one of our developers once the site is handed over to you. Such changes may incur additional fees or charges and as such you may be billed for such work.

In the event that BESTCHEAPWEBSITEDESIGN.COM does not receive any final changes to be made to the website from you within 14 days of having requested such details from you, then BESTCHEAPWEBSITEDESIGN.COM reserves the right to hand over your website to you, at which time your final payment will become immediately due and payable.

Content, Design and Package Restrictions:

Each product will have certain design and functionality restrictions or limitations. It is your responsibility to understand these restrictions prior to commencing any project. You should discuss any queries you may have with your BESTCHEAPWEBSITEDESIGN.COM consultant and also refer to the examples BESTCHEAPWEBSITEDESIGN.COM has provided to you which fall within your budget range, and refer to any documentation that BESTCHEAPWEBSITEDESIGN.COM has provided to you

During various stages of the design process BESTCHEAPWEBSITEDESIGN.COM will request from you certain information and content. You should ensure that the information and content that you provide to BESTCHEAPWEBSITEDESIGN.COM is correct and is your final version. BESTCHEAPWEBSITEDESIGN.COM cannot accept any revised content once you have submitted your content. Any revisions to content may result in you incurring additional costs.

Where “pages” of content are specified, a “Page” consists of up to 1 A4 page of text (max. word limits apply) and usually does not include images unless specified. If you should require more content than this on any one page, then you should advise BESTCHEAPWEBSITEDESIGN.COM accordingly so that BESTCHEAPWEBSITEDESIGN.COM can provide you with a quote for the extra content.

Where a gallery of images is required, images can be entered by BESTCHEAPWEBSITEDESIGN.COM for you if you wish, however image upload and insertion services and image optimization services (if required by client) will incur additional costs.

When BESTCHEAPWEBSITEDESIGN.COM provides you with design layouts for approval, these design layouts represent the suggested design for the home page of the site. You must understand that the inner pages of the site will follow a simpler design as there is more information to be presented. You should ensure that you ask your consultant for more information if you are unclear on this.

BESTCHEAPWEBSITEDESIGN.COM uses the content in the form that is provided to BESTCHEAPWEBSITEDESIGN.COM by you and does not conduct spelling or grammar checks. BESTCHEAPWEBSITEDESIGN.COM will not write your content for you unless you have requested that this be provided as a separate service, which will incur additional costs. You are solely responsible for the content of the website and accordingly BESTCHEAPWEBSITEDESIGN.COM will treat the submitted content as the final version of that content. If you find you have errors in your submitted content, you are able to change your content through the Content Management System (“CMS”) if there is one attached to your site. If there is not a CMS (as is the case with a HTML website) then this service can be provided to you by BESTCHEAPWEBSITEDESIGN.COM as a separate service and which will incur additional costs. This restriction is because we will need to add the content for you.

BESTCHEAPWEBSITEDESIGN.COM include a set number of rounds of (free) changes during its site production process. The standard number of rounds of changes is 3. Any extra changes required by you may incur additional costs and as such extra changes can be purchased during the sales process. BESTCHEAPWEBSITEDESIGN.COM accepts no responsibility for ensuring that such changes are error free.

Changes must be submitted in one email and one email of changes (within the scope of the project) is considered to be one round of changes. In the event that BESTCHEAPWEBSITEDESIGN.COM makes any mistakes or omissions in implementing the changes that you have requested, BESTCHEAPWEBSITEDESIGN.COM will rectify this at its own expense.

Please ensure that you limit your changes to comply with the agreed specifications. Failure to do this may result in you incurring additional costs.

BESTCHEAPWEBSITEDESIGN.COM may include a link to its own website at the footer of your site and, where such link is included, you must not take any steps to remove this link. Failure to adhere to this rule may result in the suspension and or termination and deletion of your account and all files and data associated with that account without prior notice, and a re-activation fee may be required to re-activate your account (providing you contact us within 24 hours of the suspension and or before any deletion of your account and data. BESTCHEAPWEBSITEDESIGN.COM reserves the right to change any such links from time to time as it deems necessary.

Stock Images:

When stock images are included within a theme or a demonstration website you should be aware that our license, unless specified otherwise, covers themes usage only. Stock images are not included and not covered by license [unless specified otherwise]. Images required for insertion must be purchased and or provided by you, at your expense [however we can provide you with links to some very affordable image sellers by request – please contact your sales representative or BESTCHEAPWEBSITEDESIGN.COM for details]. All images required for website insertion by must be provided to us by you either at time of ordering your website or no later than the beginning of the project build. All Images supplied to us must also be 100% ready to use (so not requiring cropping, resizing, or editing etc..) and provided to us in our preferred file formats (png or jpg – and NOT raw image files, such as photoshop etc – unless they have been requested by us specifically) Failure to provide BESTCHEAPWEBSITEDESIGN.COM with all the necessary web content,such as images [including any logo or favicon etc] prior to the commencement of the project build may result in your project being delayed, and in severe circumstances [delay of longer than 24 hours or more] may result in your project being placed on-hold, or even completed / going live without any images, or [in cases of severe delay] the suspension of your project. Future insertion of any more images and content, should it be needed, will incur an additional fee.

Testing:

You are expected to test fully any application, themes or programming relating to the site developed by BESTCHEAPWEBSITEDESIGN.COM for you before making such site generally available for public use. Where “bugs”, errors or other issues are found after the site is live, BESTCHEAPWEBSITEDESIGN.COM shall endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in these terms and conditions. Please be aware that in the case of third-party applications, themes or programming it may be impossible for us to fix a problem immediately (sometimes we will have to await a fix or update from the third-party) in which case we will endevour to correct it as soon as possible. If the issue poses a security threat, or causes excessive server strain (rare, but can happen) or any other such problem, then we will disable or remove the offending item until a fix, patch or suitable update becomes available.

Fees and Payment Terms:

The total cost of your project and any fees are set out in the quote provided to you by BESTCHEAPWEBSITEDESIGN.COM, the scope of work and any ad-hock quotes that may be provided to you by BESTCHEAPWEBSITEDESIGN.COM from time to time. Details regarding costs can also be obtained from your sales consultant by request. You must ensure that you are aware of any and all costs and ongoing fees before you elect to proceed. By proceeding with the project it will be assumed that you are simultaneously agreeing to the terms contained within this document.

Any monthly fees attached to your project must be paid in full – in advance – in order to ensure your services continuity. Your site may be suspended or discontinued if your fees fall overdue outside of BESTCHEAPWEBSITEDESIGN.COM’s payment terms.

Your initial website consultation is included in your quoted project cost and forms part of your deposit. If you decide to not proceed with BESTCHEAPWEBSITEDESIGN.COM, you will not be liable for this consultation cost. However, if you should decide at a later stage to proceed, such fee will be re-applied.

Clients who purchase Virtual Websites (and some promotional offers): You may, if you wish, pay a release fee before your initial contract has expired in order to release your website files / have us turn your virtual website into a full-blown, self-managed website – Release price / Virtual re-build prices will depend on factors such as;  type of website, complexity of website, the remaining length of your initial contract with BESTCHEAPWEBSITEDESIGN.COM, or in the case of virtual websites, depending on the amount of work required by us to build a new website to accommodate your old database and content. Most purchased websites (of any type / platform) – excluding special offers / promotions – do not have this restriction unless stated otherwise within your contract.

Standard payment terms for any project are as follows:

50% of the total project cost will be required as an upfront deposit in order to get your project started. This also includes the cost of initial website consultation(s). Client agrees that until deposit is paid and is received / cleared fully in our system, no work will commence.

A “Progress Payment” equal to 40% of the total project cost must be made within 28 days after your project start date, OR once you have approved your design layout and have provided us with the content for your site – whichever occurs first.

The balance of the total project costs shall be payable 56 days after your project start date and or prior to BESTCHEAPWEBSITEDESIGN.COM making the site live, whichever may occur first.

BESTCHEAPWEBSITEDESIGN.COM requires final payment and direct debit forms to be provided in respect of any ongoing fees and such forms are to be returned to BESTCHEAPWEBSITEDESIGN.COM before BESTCHEAPWEBSITEDESIGN.COM will make your site live. Your final balance payment and direct debit form must be returned to BESTCHEAPWEBSITEDESIGN.COM upon completion of your site (but before going live) or within 56 days from the date that your initial deposit was made – whichever occurs first.

Content Management System fees and other monthly fees are to be paid by way of monthly direct debit. Your monthly fees will start on the day which is 56 days after the date on which you have paid the upfront deposit OR once your site is live – whichever occurs first.

Any extras or additions requested during the (building) process shall be added to the total project costs and will be payable at the stages outlined above. Please note that extras outside of your selected package specifications will incur additional charges, which BESTCHEAPWEBSITEDESIGN.COM will inform you of before proceeding.

If you require BESTCHEAPWEBSITEDESIGN.COM to make changes to your site after your site is handed over to you, you will be required to pay for this work at the hourly rate or in accordance with BESTCHEAPWEBSITEDESIGN.COMs’ standard prices as quoted. All work must be paid for upfront and will be quoted for on request.

If BESTCHEAPWEBSITEDESIGN.COM has difficulties contacting you for prolonged periods of time or does not receive required feedback or delivery of information from you, you may incur additional charges and delays in delivery of your project. If you are un-contactable for more than 14 days, BESTCHEAPWEBSITEDESIGN.COM may suspend your project indefinitely or end your project without further notice to you. If your project is suspended or ended, then your final payment will be due and payable immediately to BESTCHEAPWEBSITEDESIGN.COM. To resume your project you will need to pay a $99 reinstatement fee and the decision regarding whether the project will be resumed shall rest solely with BESTCHEAPWEBSITEDESIGN.COM.

Web Hosting Clients: If you have web hosting services supplied by us and you wish to take your site and host it elsewhere, you will still need to pay BESTCHEAPWEBSITEDESIGN.COM the agreed monthly service fee and or pay a release fee in order to waive your monthly fees and release your website files and any associated data. Release fees, when they apply, vary from package to package, and or may vary according to the length of time still remaining on your contract. Please discuss this with your consultant should you be unclear as to this.

You can apply to BESTCHEAPWEBSITEDESIGN.COM to have your project put on hold if your circumstances change, in which case you may be required to make the next payment due and then the project will be placed on hold for a period determined by BESTCHEAPWEBSITEDESIGN.COM. Applications will be assessed on individual merits and if approved will be for a finite period determined by BESTCHEAPWEBSITEDESIGN.COM. You will not be charged any additional costs to resume your project in these circumstances.

Please note that paying the deposit on any project shall signify your agreement of the terms outlined in this document and of your commitment to complete the project with BESTCHEAPWEBSITEDESIGN.COM and your agreement to make full payment to BESTCHEAPWEBSITEDESIGN.COM. Payment in full of the total project costs will be required in the event that you do not wish to proceed with your project after such time as you have paid your deposit and you are outside the refund period.

You shall remain liable for all fees incurred by BESTCHEAPWEBSITEDESIGN.COM during any period when your site has been suspended or discontinued due to your failure to comply with these terms and conditions. This may include any emergency updating or service fees due for work undertaken by BESTCHEAPWEBSITEDESIGN.COM in the event that a security risk has been identified in any component, theme or software within your website. This is done in order to protect both your website and our other clients websites [and also to protect the integrity of our servers and server environment]. In addition, you must pay all outstanding costs in full without any offset, counter claim or deduction unless first agreed to in writing by BESTCHEAPWEBSITEDESIGN.COM.

Please note that interest fees at the rate of 10% of your site build contract shall be charged on any outstanding amounts that are due in excess of BESTCHEAPWEBSITEDESIGN.COM’s payment terms from time to time. Additionally, if your site is not live and your final payment remains unpaid/ or your direct debit form remains unreturned to BESTCHEAPWEBSITEDESIGN.COM 60 days  after the initial consultation or commencement of job occurred, then a release fee will be charged and will be required in order for us to hand over all your files etc. before they are deleted from the BESTCHEAPWEBSITEDESIGN.COM server. The amount of the release fee will depend on your chosen package, the amount of time already spent on your job, and whether any hosting has been provided and or CPanel hosting management services, plus for any WordPress Maintenance & Updating services we may have provided, etc..

If accounts are not settled and BESTCHEAPWEBSITEDESIGN.COM has not been contacted regarding the delay, access to your site may be denied and the web page may be removed.

Refunds:

Refunds shall only be provided for your project within 24 hours of payment of your deposit and on the condition that you have not returned any of the required information to BESTCHEAPWEBSITEDESIGN.COM and on the condition that BESTCHEAPWEBSITEDESIGN.COM has not commenced any work on your project.

An administration  fee of $99 will apply to all refunds.

Automatic Renewal of Domain Names:

In the event that you have elected to pay for services provided by BESTCHEAPWEBSITEDESIGN.COM by way of direct debit, then any domain names registered for you by BESTCHEAPWEBSITEDESIGN.COM [if such a service is offered] shall be automatically renewed by the domain registrars’ specified due date for renewal, and the cost of the domain name renewal [and any associated extras you may have, such as “privacy”, etc] shall be added to the direct debit payment due for that month. If for any reason such a payment is not forthcoming or is blocked by you then your domain name will be allowed to expire and your account terminated, and your account and all website files and data stored on our servers will be deleted without notice once our “grace period” expires. We may extend or shorten said “grace period” at any time in the future and without notification other than posting a notice on the BESTCHEAPWEBSITEDESIGN.COM website. Such notices will be made available within the “News” section of the BESTCHEAPWEBSITEDESIGN.COM website (http://bestcheapwebsitedesign.com/blog/news/) It is your responsibility to keep informed and up-to-date at all times about any such changes.

Contacting BESTCHEAPWEBSITEDESIGN.COM:

Clients must be polite and respectful to our staff at all times. Rude, threatening and or intimidating behavior will not be tolerated under any circumstances. BESTCHEAPWEBSITEDESIGN.COM reserves the right to terminate any Client services or agreements immediately, and without any refund or prior notice if BESTCHEAPWEBSITEDESIGN.COM staff feel threatened or intimidated by a client. If the clients job is unfinished when this behavior occurs, then BESTCHEAPWEBSITEDESIGN.COM reserves the right to decide whether to finish job or not, at our discretion. If we should decide not to proceed further with a client, then the clients job will be stopped and terminated immediately without any refund, and all files associated with the account or stored on our systems deleted. If we are also providing web hosting services, hosting services will be terminated.

When contacting BESTCHEAPWEBSITEDESIGN.COM, you must use the email address and or phone number provided to you by BESTCHEAPWEBSITEDESIGN.COM and you must always ask for the person you wish to speak to directly. To reduce your costs, BESTCHEAPWEBSITEDESIGN.COM may, in the future and at their discretion, use an outsourced call center. You should inform the call center of who you wish to speak to when asked so that your message gets to the right person the first time and so that there are no delays in passing on your message. BESTCHEAPWEBSITEDESIGN.COM personnel will return all calls during business hours.

In addition to the costs incurred in delivering the project to you, BESTCHEAPWEBSITEDESIGN.COM will also charge you for office services charges such as for emails and telephone calls (which are charged at the rate of $5.00 per email/telephone call, regardless of duration, for any emails and/or telephone calls that are in excess of 3 [THREE] in any one week period).

Warranty:

BESTCHEAPWEBSITEDESIGN.COM provides a 60 day warranty on all of its work. However if you have made changes to your site using the Content Management System [CMS] or in the case of HTML websites made any changes to the HTML files directly, then there is no warranty and you may incur additional costs needed to resolve any issues that arise due to those changes that you made.

Browser Compatibility:

BESTCHEAPWEBSITEDESIGN.COM will make every effort to ensure that websites are designed to be viewed by the majority of visitors. Our websites are designed to work with the main browsers latest releases. You understand that we cannot guarantee correct functionality with all browser software across different operating systems.

Changes made to the site through the CMS, in some cases, can cause browser related issues. If this happens, BESTCHEAPWEBSITEDESIGN.COM may need to charge additional fees to rectify these issues. If the issues are related to a theme, plugin or software update we may have to wait for a suitable update or patch to be released, in which case we will either downgrade, disable or remove the offending item[s] until an update is released in order to get your site working properly in the meantime. When this occurs, you understand that you may be charged additional fees for work undertaken by BESTCHEAPWEBSITEDESIGN.COM for both the interim “fix” required immediately and then again once the update / patch is finally made available to us.

Limitation of Liability:

Whilst every endeavor will be made by BESTCHEAPWEBSITEDESIGN.COM to ensure that the site is free of errors, BESTCHEAPWEBSITEDESIGN.COM cannot accept responsibility for any losses or damages (including consequential loss or damage, loss of business, loss of income, loss of information or business interruption) incurred as a result of any malfunction or due to the construction or operation of the site or any part of it. Furthermore, BESTCHEAPWEBSITEDESIGN.COM will accept no responsibility for liability for any down time, loss of income or loss of your use of the site which may occur as a result of the site being affected by any upgrades, computer hacking, computer viruses, malware or spyware. If your site is so affected, BESTCHEAPWEBSITEDESIGN.COM may, at its sole discretion, assist you with remedying such affliction; however in doing so, BESTCHEAPWEBSITEDESIGN.COM accepts no responsibility or liability in this respect.

In addition, BESTCHEAPWEBSITEDESIGN.COM accepts no liability whatsoever for any damages or costs (including consequential damages or losses) incurred as a direct or indirect result of using BESTCHEAPWEBSITEDESIGN.COMs’ services or services of BESTCHEAPWEBSITEDESIGN.COMs’ related companies or businesses (however caused, whether by negligence or otherwise) or incurred by you directly or indirectly as a result of your use of any open source or third party proprietary themes, extensions or software. BESTCHEAPWEBSITEDESIGN.COM does not provide any guarantee that any such open source or third party proprietary themes, extensions or software will be fit for the purpose or function as required by you.

If BESTCHEAPWEBSITEDESIGN.COM suspends your site for any breach of these terms of service or any other reason whatsoever, BESTCHEAPWEBSITEDESIGN.COM shall not be liable for any loss of income or costs incurred by you, including any consequential loss or damage suffered by you.

It is your responsibility to ensure you are aware of renewal dates of domain names and other services. BESTCHEAPWEBSITEDESIGN.COM takes no responsibility for loss of domain names or other services due to non-renewal, whether notification is sent to you or not. Please contact BESTCHEAPWEBSITEDESIGN.COM if you do not know the renewal dates of services provided by BESTCHEAPWEBSITEDESIGN.COM. If your domain name is registered by another domain registrar [such as “GoDaddy” or “Crazy Domains”, etc] then you will need to contact your domain name registrar for this information.

All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision of services by BESTCHEAPWEBSITEDESIGN.COM not contained in these terms and conditions are excluded.

Except as required by statute, all express and implied conditions and warranties in relation to the services provided are hereby excluded and BESTCHEAPWEBSITEDESIGN.COMs’ liability hereunder (if any) shall be limited at BESTCHEAPWEBSITEDESIGN.COMs’ discretion to the replacement of the services, the supply of the equivalent services or to the value of the services supplied by BESTCHEAPWEBSITEDESIGN.COM. You acknowledge that the limitation of liability in this clause is fair and reasonable.

Indemnification:

You acknowledge and agree that you are using all services and facilities provided by BESTCHEAPWEBSITEDESIGN.COM at your own risk and you agree to defend, indemnify, save and hold BESTCHEAPWEBSITEDESIGN.COM harmless from any and all demands, liabilities, costs, losses and claims, howsoever suffered, including but not limited to legal fees incurred by BESTCHEAPWEBSITEDESIGN.COM that may arise directly or indirectly from any service or services provided or agreed to be provided by BESTCHEAPWEBSITEDESIGN.COM to you and or any product or service offered or sold by you to your clients. You agree that this indemnification extends to all aspects of the project, including but not limited to web site content and choice of domain name.

You also agree to defend, indemnify and hold harmless BESTCHEAPWEBSITEDESIGN.COM against any liabilities arising out of injury to any person or property of any person caused by any service provided or agreed to be provided by BESTCHEAPWEBSITEDESIGN.COM or any product or service offered or sold by you to your clients, including but not limited to, infringement of intellectual property rights, infringement of proprietary rights, misinformation, delivery of defective products or services which are harmful to any person, business, company or organisation and in respect of any defamatory comments or materials contained on your site.

Non-Disclosure:

BESTCHEAPWEBSITEDESIGN.COM agrees that, except if directed by you, BESTCHEAPWEBSITEDESIGN.COM will not, at any time during or after the term of its engagement, disclose any confidential information belonging to you. Likewise, you agree that you will not convey any confidential information about BESTCHEAPWEBSITEDESIGN.COM to any other party, including but not limited to, using any documentation provided to you by BESTCHEAPWEBSITEDESIGN.COM or using any of BESTCHEAPWEBSITEDESIGN.COMs’ processes related to the delivery of your service.

Software:

In the course of building your site BESTCHEAPWEBSITEDESIGN.COM may use various open source software and also third party proprietary software. Each piece of software has its own processes, functionality and works in its own way. The standard functionality can often be changed, but unless otherwise stated, changes to this functionality are not included in your purchase price.

BESTCHEAPWEBSITEDESIGN.COM does not provide any warranty in respect of the functionality of such open source or third party proprietary software and BESTCHEAPWEBSITEDESIGN.COM does not provide any guarantee that such software will be fit for the purpose or function as required by you.

Acceptable Use:

All users of BESTCHEAPWEBSITEDESIGN.COMs’ services must adhere to all policies set out in these terms and conditions as well as any other policies issued by BESTCHEAPWEBSITEDESIGN.COM and notified to you from time to time.

The services of BESTCHEAPWEBSITEDESIGN.COM must only be used for lawful purposes. You cannot use any of the services of BESTCHEAPWEBSITEDESIGN.COM to store, transmit, modify, publish, transfer or sell, reproduce, create derivative works from, perform, display, or in any way exploit or distribute any material in any way that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or any material that is obscene, threatening, abusive, hateful, libelous, defamatory, pornographic, harassing or threatening or in violation of any law, or is in any other way objectionable. This also includes any material or links to websites involving, depicting or encouraging the mistreatment of animals [including “Puppy Farms” and the sale of animals without due diligence or without care or concern for the welfare of the animals involved – reputable breeders excluded in some circumstances providing we are satisfied that the animals welfare is being protected].

BESTCHEAPWEBSITEDESIGN.COM reserves the right to suspend any services if, in its sole discretion, it deems any activities you are undertaking to be putting its reputation, services or other clients at risk. In addition, BESTCHEAPWEBSITEDESIGN.COM reserves the right to refuse to deal in any way with material which may be deemed offensive, illegal or in any way controversial and also to terminate its hosting service should the necessity arise.

Server Uptime and Usage (Web Hosting):

BESTCHEAPWEBSITEDESIGN.COM uses industry standard server hardware and software. BESTCHEAPWEBSITEDESIGN.COM works to minimize any downtime and endeavors to provide an uninterrupted service at all times. Notwithstanding this, you acknowledge that the web hosting service of BESTCHEAPWEBSITEDESIGN.COM relies on factors outside of its control and accordingly BESTCHEAPWEBSITEDESIGN.COM does not accept any responsibility for any losses incurred for any down time.

Unless otherwise specified in writing, you are limited to a specified amount month of bandwidth and disk space per website that you have hosted with us. Limits may vary according to your chosen web hosting plan – please check your hosting plan for details on your hosting plan limits.

While BESTCHEAPWEBSITEDESIGN.COM makes incremental and full scheduled backups of its servers, BESTCHEAPWEBSITEDESIGN.COM does not guarantee that any lost data will be recovered. Additional charges may be incurred where you request BESTCHEAPWEBSITEDESIGN.COM to attempt to make recoveries of lost data.

You acknowledge and agree that BESTCHEAPWEBSITEDESIGN.COM may at any time vary the terms upon which it provides web hosting services by providing you with 30 days written notice.

Where applications or sites are developed on a server that is not operated by BESTCHEAPWEBSITEDESIGN.COM, you are expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is your responsibility to provide a suitable testing environment which is identical to the final production development.

Suspension of Services:

BESTCHEAPWEBSITEDESIGN.COM reserves the right to suspend/cancel any or all services provided to you, including all domain names if:–

You have any outstanding invoices or accounts;

Your account is in dispute or the subject of a dispute resolution procedure, court order, judgment, finding or determination;

You fail to comply with any provision of these terms and conditions or any other policy, directive or requirement notified to you by BESTCHEAPWEBSITEDESIGN.COM;

There is evidence of fraudulent, illegal, defamatory or offensive activities or evidence of any other activity that is in breach of a third party’s rights;

BESTCHEAPWEBSITEDESIGN.COM deems that your use of its service may jeopardize the operation of the service that BESTCHEAPWEBSITEDESIGN.COM provides;

BESTCHEAPWEBSITEDESIGN.COMs’ service suffers any technical failure or if BESTCHEAPWEBSITEDESIGN.COM must carry out maintenance;

You have used BESTCHEAPWEBSITEDESIGN.COMs’ service in a manner which violates any applicable laws or regulations;

You have used BESTCHEAPWEBSITEDESIGN.COMs’ service in a manner which interferes with or disrupts the usage of the service by other clients of BESTCHEAPWEBSITEDESIGN.COM; or

BESTCHEAPWEBSITEDESIGN.COM deems any other reason as satisfactory to protect BESTCHEAPWEBSITEDESIGN.COM, its staff or other clients.

Reasonable notice of the suspension/cancellation of services will be given to you by BESTCHEAPWEBSITEDESIGN.COM only where possible.

In the event that your account is suspended or canceled under these terms and conditions, you must pay all outstanding charges to BESTCHEAPWEBSITEDESIGN.COM immediately.

Termination:

[EXCEPT in the case of a Free Website special offer or similar such promotions we may run from time-to-time], either party may terminate the ongoing monthly service agreement for BESTCHEAPWEBSITEDESIGN.COM to provide web hosting services by providing the other party with 30 days written notice of such termination. If you wish to terminate the ongoing monthly service, then you must provide such written notice to BESTCHEAPWEBSITEDESIGN.COM by emailing to BESTCHEAPWEBSITEDESIGN.COM the cancellation form which can be requested from BESTCHEAPWEBSITEDESIGN.COM’ accounts department. In the case of free website special promotional offers or similar such promotions, a termination and release fee may apply – please contact BESTCHEAPWEBSITEDESIGN.COM sales staff for details regarding your particular contracts’ own terms and conditions regarding terminations.

If you choose to terminate the agreement, then the balance of any fees owing to BESTCHEAPWEBSITEDESIGN.COM, including in respect of any site project costs, monthly fees or any other fees that you may be liable for, shall become immediately due and payable.

You acknowledge that websites cannot be guaranteed to be 100% error free in construction and you acknowledge that the existence of errors falling short of a complete failure of consideration in the site shall not constitute a reason to terminate the agreement between you and BESTCHEAPWEBSITEDESIGN.COM.

Recovery Costs:

In the event that BESTCHEAPWEBSITEDESIGN.COM takes action to recover from you any amount outstanding, BESTCHEAPWEBSITEDESIGN.COM shall be entitled to also recover from you, in addition to the amount unpaid and interest, its reasonable costs of the recovery action including, but not limited to any debt recovery services and or legal costs and expenses. The Customer is liable for all reasonable expenses (including contingent expenses such as debt collection commission) and legal costs (on a full indemnity basis) incurred by BESTCHEAPWEBSITEDESIGN.COM for enforcement of obligations and recovery of monies due from the Customer to BESTCHEAPWEBSITEDESIGN.COM.

Force Majeure:

BESTCHEAPWEBSITEDESIGN.COM may experience outages beyond its control caused by reason of failure of hosting services provided to third parties upon which BESTCHEAPWEBSITEDESIGN.COM relies to provide its services, act of God, or the consequence thereof including, but not limited to fire, flood, typhoon, earthquakes or by reason of riots, wars, invasions, acts of hostilities, civil wars, rebellion, terrorist activities, government restrictions, trade embargoes, strikes, lockouts, labour disputes, boycotting or other causes beyond BESTCHEAPWEBSITEDESIGN.COM’ control.

You agree to release BESTCHEAPWEBSITEDESIGN.COM from any claim or potential claim with respect to outages and any loss or damage suffered by you or any third party.

Variation:

These terms and conditions may be varied or updated from time to time by BESTCHEAPWEBSITEDESIGN.COM. When we update it in the future we will publish the latest copy of it on our website. It is the responsibility of clients to read the “Terms” policy document from time-to-time and following any updates to the policy.

Governing Law and Jurisdiction:

These terms and conditions are governed by the law of the State of Victoria and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of the State of Victoria.

Severability:

If any provision of these terms and conditions is invalid and not enforceable in accordance with its terms, other provisions which are self-sustaining and capable of separate enforcement with regard to the invalid provision, are and continue to be valid and enforceable in accordance with their terms.

Waiver:

The failure, delay, relaxation or indulgence on the part of BESTCHEAPWEBSITEDESIGN.COM in exercising any power or right conferred upon BESTCHEAPWEBSITEDESIGN.COM by these terms and conditions does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it or the exercise of any other power or right under these terms and conditions.

No Assignment:

You may not assign or transfer your rights or obligations under these terms and conditions without the prior consent in writing of BESTCHEAPWEBSITEDESIGN.COM.

No Adverse Construction:

These terms and conditions are not to be construed to the disadvantage of BESTCHEAPWEBSITEDESIGN.COM because BESTCHEAPWEBSITEDESIGN.COM was responsible for its preparation.

Non-Disparagement:

You must not make, disclose or publish orally or in writing any statement or comment which may defame or disparage BESTCHEAPWEBSITEDESIGN.COM or any of its employees or its business. This obligation survives the termination of the engagement of BESTCHEAPWEBSITEDESIGN.COM.

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