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Terms and Conditions

WEBSITE DESIGN AND DEVELOPMENT:
Quotes

All quotes supplied by KyzNet Web Services (KWS) are valid for 1 month only unless stated otherwise on your quote. If the quote is not accepted by signing and returning to KWS with a deposit (see "Payment Terms" below) within 1 month of the date of the quote then a new quote must be obtained.

Payment Terms
  1. Once a quote has been accepted, the client will be invoiced for twenty five percent (25%) of the total amount, and KWS requires this amount to be paid before work will commence on the website.
  2. The client will be invoiced for the balance owing on completion of the work unless otherwise stated in your quote. Payment must be made in full before the website is put up "live" on the internet or a copy made available to the client.
  3. Should KWS be unable to complete the website within 30 days of the client signing the quote and paying a deposit, due to the client's inability to supply the necessary documentation, then KWS reserves the right to invoice the client for any work completed to date. The client agrees to pay this amount within 7 days of the invoice date.
  4. Payments may be made by cheque, direct bank deposit, or cash.
Cancellations
  1. Should the client wish to cancel his acceptance of the quote, KWS will invoice the client for any work completed to date. The minimum cancellation fee will be twenty five percent (25%) of the signed quote.
  2. The client must advise KWS in writing of the request not to proceed with work.
Website Content
  1. Clients are required to ensure that the content of their website meets all the current Australian legislation regarding publications. The client shall further indemnify KWS in respect of any claims, costs and expenses that may arise from any material included in their site by KWS at the client's request.
  2. KWS reserves the right not to include any material supplied by the client if KWS deems it inappropriate or offensive.
Permissions & Copyrights
  1. The client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphics, registered company logos, names and trademarks or any other material supplied by the client.
  2. Supply of abovementioned material by the client shall be regarded as a guarantee by the client to KWS that all such permissions and authorities have been obtained.
  3. No responsibility will be accepted by KWS for damages to or losses incurred by the client from the use of material for which the required permission or authority has not been obtained.
  4. All original graphics designed and supplied by KWS, remain the property of KWS until the client's account has been paid in full, at which time ownership and copyright of said graphics will reside with the client.
Errors & Liabilities
  1. KWS will use all due care to ensure sites worked on by KWS are free of errors.
  2. KWS will correct any errors made by staff of KWS in the course of working on a client's site.
  3. KWS does not accept any responsibility for losses or damage arising from errors within any site or if a site is not placed "live" on the Internet.
Website Maintenance
  1. Any additions to the site eg text, pages, photos, graphics, tables, etc, will be charged at an hourly rate with a minimum of half an hour. (Please check current prices with KWS.)
Alterations
  1. KWS will not accept any responsibility for any alterations performed by either the client or a third party which cause errors in the site. Such alterations include, but are not limited to, additions, modifications or deletions.
  2. If KWS are required to correct any errors resulting from such alterations, the client will be charged the current hourly rate.
WEBHOSTING:
Policy and Service Guidelines

We provide web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

SPAM

We do not allow, condone or support SPAM (sending of unsolicited email advertisements). SPAM violations include, but are not limited to bulk mailing of commercial advertising, charity requests, petitions, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited. Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to demand for removal or account cancellation. In summary, spamming, or the sending of unsolicited email, from our server or using an email address or domain that is maintained on our machine as reference is STRICTLY prohibited. KWS will be the sole arbiter as to what constitutes a violation of this provision.

Content

All services provided may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian Federal, State or Local law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party. Although we support freedom of speech and expression, we require that clients refrain from posting explicit adult content or pornographic content on our servers. This includes sites that may infer sexual actions, or links to pornographic content elsewhere. KWS will be the sole arbiter in determining violations of this provision. If you have questionable content, please contact us. Also prohibited are sites that promote any illegal activity or present content that may be damaging to our servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Sites with explicit adult or pornographic content
  • Non-Licensed MP3's or Software
  • Displaying material that exploits children under 18 years of age

KWS will be the sole arbiter as to what constitutes a violation of this provision.

Disclaimer

KWS and our network providers are not responsible for any damages caused by services provided, and makes no warranties of any kind, expressed or implied for services we provide.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer is strictly prohibited. We also may move your site or request cancellation if you use a majority of system resources which affects other users.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. All customers using our services must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation.

Payment

KWS accepts payment of webhosting by cheque, direct bank deposit or cash only. Clients may pay upfront for one year's hosting from the date the site is launched, and will receive a discount of one month's hosting. Alternatively, clients will be invoiced for the first 6 months hosting, and then six months after that. Our payment terms are 7 days from receipt of our invoice. Customers who do not pay at this time will be sent a reminder e-mail, and if payment is not made within another 7 days, KWS reserves the right to suspend the site until the account is paid.

For provision of domain parking only, KWS will invoice for the first 6 months, and then every six months after that. Again, our payment terms are outlined above. All prices are in Australian Dollars (AUD).

Cancellation

If for any reason you are not satisfied with our services, please let us know. We build our services around making hosting simple for the customer and want you to be happy. If for some reason we cannot meet your needs, you may notify us in writing and we will discontinue billing your account. Refunds will only be provided when KWS receives written notice that you wish to cancel your account.

New domain registrations are final once submitted, however you may transfer your domain to another provider if you wish. Once you have submitted your order for a domain name it is registered and not reversible, and we cannot refund the domain registration charges. To transfer or modify domain information, email us. If a domain is not available or taken before our system can register it, we will notify you and offer to register another domain or refund the registration charges.

Contact

If you have any questions regarding our policies or services, please contact us.