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The
minimum term
for hosting with WebStop is 12 months. After eleven months
billing may be cancelled in writing with 30 days notice. Upon written notice 30
days prior, billing will cease at the end of the current period where the
monthly billing date falls within that 30 days notice. If the billing day
falls within this 30 days, then that payment is still considered due.
Hosting is due as an up front payment via transfer, credit card, company cheque or cash.
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To ensure your domain or hosting does not expire, you should renew
immediately when you receive your invoice.
Failure to renew your domain name or hosting account by the expiration date
may result in a loss of your online identity making it difficult for your
customers and friends to locate you on the web.
Any invoice that is outstanding for 14 days and not paid will result in a
$35 late fee and/or an account suspension until account balance has been
paid in full. The $35 late fee is applied in addition to whatever else is
owed to WebStop for services rendered. Access to the account will not be
restored until payment has been received.
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Internet Access is not offered by
WebStop and is therefore not part of any package offered by WebStop. For any
work undertaken for portfolio/promotional purposes the following additional
conditions apply in conjunction with overall terms and conditions. In
these circumstances no accounts will be created until the hosting installment
has been received. |
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Domain names will only
be registered upon receipt of payment. WebStop at its absolute
discretion determines charge for work done and delivery time on a case by case
basis. Unavailability or failure to register the desired domain name is not the
responsibility of WebStop, and WebStop cannot guarantee your chosen domain name
under any circumstances. Customers who already own their .com/net etc domain
names will incur a transfer setup fee of $20. The most common term for domain
registration is 2 years although this may differ for each customer (depending on
application). Customers registering for multiple years allow WebStop to
renew their domain name yearly until paid term is finished. This is subject to
change without notice. This work is not being undertaken on an 'approval' basis.
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WebStop does not guarantee
completion of the web site within designated timeframe but will endeavor to do
so. WebStop reserves the right to terminate this agreement at any time for any
reason. If there are changes in the requirements or scope of this project, or
changes or additions during the project term, WebStop reserves the right to
create an additional proposal per customer’s additions, and acceptance, and bill
for the additional services. |
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Copyright for the design and development of the Web Site will
become the ownership of customer once all design services owing WebStop are
paid in full and not before, including full payment of hosting term.
Customer is responsible for all additional Internet or web site costs or
services not indicated or included in this proposal such as, but not limited
to, domain name registration costs and all setup and monthly fees with
selected ISP. After receipt of the first draft all changes must be given in
writing to WebStop's premises within 7 days, and upon these changes being
made, the Website is considered complete. If changes are not received
within 7 days then it is assumed that the Website is satisfactory to the
customer and therefore complete. Customer agrees to pay reasonable attorney
fees and any other reasonable fees required to enforce all terms and
conditions of this contract. In addition, Customer agrees to reimburse
WebStop any amounts made on behalf of collecting on delinquent payments or
required to enforce the payment terms of this contract. Customer
acknowledges and agrees that WebStop can suspend, change passwords, change
nameservers, hold up publication or
remove published web pages if WebStop has not received all fees relating to
the payment of services rendered. Cheques returned due to lack of funds
incur a $50 charge and Credit Card chargeback's $100 to cover WebStop's bank charges
and time. Customer grants
WebStop the right to reference their company and web site as a client at any
time and for any reason. Customer also guarantees WebStop limited rights of
copyright necessary to reproduce and display Customer’s web pages
electronically via the World Wide Web or as demonstrations and examples of
our design and work. WebStop may alter, amend, or place advertising on
customer’s site for any purpose, and as our "Customer", your company also
warrants and represents that icons, company names, and other information
which you prescribe to be placed on your web site. Customer will not (i)
violate any international, federal, state or local law or regulations; (ii)
in any way violate or infringe upon any parties privacy right, right of
publicity, or any other right of any person or entity; (iii) contain any
material which is unlawful, harmful, abusive, hateful, obscene, threatening,
libelous or defamatory. WebStop is not liable for any errors or interruption
in service, whether within or outside of WebStop’s reasonable control. ISP
Service provided might be temporarily unavailable for scheduled maintenance,
or due to other causes. Customer is responsible for protecting
Customer’s password (s) and for any authorized or unauthorized use made of
Customer’s password. Customer will not use or permit anyone to use WebStop’s
service to guess passwords or to access other systems or networks without
authorization. WebStop will fully cooperate with law enforcement authorities
in the detection and prosecution of illegal activity. WebStop will not
post any material that is illegal, libelous, tortuous, or likely to result
in retaliation against WebStop by offended users. Customer will indemnify
WebStop and hold WebStop harmless from any damage to WebStop’s business,
service, equipment, network, operations, or reputation resulting from
Customer’s actions, including but not limited to any government actions,
acts of vandalism or other retaliation, and any claims of libel, unfair
competition, infringement of any patent, copyright, trademark, service mark,
or other intellectual property right, violation of privacy, or other tort.
Customer agrees to all terms, conditions and design and development work as
outlined above and authorizes WebStop to begin design and development of
customer's web site on customers’ production servers. Customer agrees that
WebStop shall have access to all login and password information regarding
such in order to fulfill the obligations for the design and development
work. WebStop does not endorse the site and has no affiliation with the
customer or business. WebStop is in no way affiliated with the
customer and therefore the customer has no rights to use of any logos,
trademarks, or devices belonging to WebStop unless upon written approval. |
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LIMITATION OF LIABILITY |
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Customer agrees that WebStop shall not be liable for any
direct, indirect, incidental, special or consequential damages, or exemplary
damages resulting from: (a) the use or the inability to use the service, or
for cost of procurement of substitute goods and services, (b) interruption,
suspension or termination of service, whether such interruption, suspension
or termination was justified or not, negligent or intentional, inadvertent
or advertent, (c) or resulting from any goods or services purchased or
obtained or messages received or transactions entered into through or from
the service, or (d) resulting from unauthorized access to or alteration of
customer's transmissions or data, including but not limited to, damages for
loss of profits, use, data or other intangible, even if WebStop has been
advised of the possibility of such damages. WebStop is not responsible for
any loss of data resulting from WebStop's deletion of customer web site,
network or system outages, file corruption, or any other reasons. WebStop is
not responsible for any 'down time' or 'outages' of service, hosting, or any
service related to the site.
WebStop's liability will be limited to the current year's annual customer
Website fee. Customer is completely responsible for all activities, fees,
and/or liability, which are related to or result from use of the service
under customer's password or account. WebStop is not responsible for the
content of customer web site or others Websites linked. WebStop's sponsors or
others are collectively "others". the opinions and views expressed in the
web site and/or others’ web sites do not reflect those of WebStop. WebStop
is not responsible for the delivery of any goods or services sold or
advertised by customer, owner of site or others.
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GENERAL
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This Agreement and the relationship between Customer and
WebStop will be governed by the laws of the State of Victoria without regard
to its conflict of law provisions. Customer and WebStop will submit to the
personal and exclusive jurisdiction of the courts located within the State
of Victoria. The failure of WebStop to exercise or enforce any
right or provision of this Agreement will not constitute a waiver of such
right or provision. If any provision of this Agreement is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of this Agreement will
remain in full force and effect. Any claim or cause of action arising out of
or related to the Service or this agreement must be filed within one (1)
year after such claim or cause of action arose or be forever barred,
regardless of any statute or law to the contrary. WebStop makes no
warranties of any kind, whether express or implied, for the services it
provides. All services are "as is". WebStop also disclaims any warranty of
merchantability or fitness for a particular purpose. WebStop will not be
responsible for any direct, indirect or consequential damages, which may
result from the use of its services including loss of data resulting from
delays, non-delivery or interruption in service. WebStop makes no guarantee
in any way in regard to the Website and offers its service on an 'as is'
basis. The headings in this Agreement are for convenience only and have no
legal or contractual effect. If any provision of this Agreement
is determined by any court of competent jurisdiction to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and
effect and enforceable. WebStop may modify this Agreement, in whole or in
part, at any time. Notice of such modification may be made by or on behalf
of WebStop to Customer via email, regular mail, telecopy, delivery service,
or posting on WebStop.com.au This agreement may be terminated by WebStop at
any time. Customer will be deemed to have agreed to such modified Agreement
if Customer continues to use the Service, and/or WebStop does not receive a
notice of termination within such period of 30 days from posting of
modification. |
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FREE SCRIPTS |
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WebStop offers
FREE scripts to you our client as free additional add-ons to your Hosting
Service.
Please be aware that we do not offer support as it is your choice to
take advantage of this offer. Each script offer excellent instructions and
support to install on your website. |
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out Site Links |
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WebStop will not be responsible for any
direct, indirect or consequential damages which may result from the use of
any link out to another website. Once any visitor has clicked and followed a
link from WebStop all actions and decisions are deemed his/her
responsibility and without any recourse to WebStop.
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ANTIFRAUD CHECK |
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Customer purchase can
be suspended for manual antifraud check for up to 12 hours as well as it
can be suspended for longer term (around 24 hours) for more serious
investigation. Antifraud check occurs because of growing number of fraud
transactions from persons who are not actual cardholders of the credit
cards used during purchase.
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