Affordablewebs - Terms & Conditions

Terms & Conditions

These terms & conditions are subject to change without notice.

Affordablewebs' AUP is provided to give our clients a clear understanding of what Affordablewebs expects of them while using any of our "Services". All users of Affordablewebs' Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP, our TOS and our TAC.

Use of ALL Affordablewebs Services constitutes acceptance and agreement to Affordablewebs' AUP, Affordablewebs' TOS as well as Affordablewebs' TAC

PAYMENTS:
Acceptance of any quotes automatically forms a binding contract between Affordablewebs and the client whether they have filled an online "Acceptance" form, accepted any quote via reply email or given permission during any phone conversation.

Affordablewebs requires up front payment unless otherwise agreed upon in writing. Clients are to make FULL payment for any services upon receiving any invoice by the date shown on the invoice. Failure to make payment by the date shown on the invoice will incur a late fee of $15 and may result in the suspension or termination of any or all services. All legal means will be undertaken at our sole discreation to recover any outstanding monies owed.

REFUND POLICY:
All Web Designing and/or Web Development payments are non-refundable.
All Domain Name registrations payments are non-refundable.
All Web Hosting payments are refundable provided we receive a written request of cancellation within the first 14 days of signup. Written requests must be emailed to - tonykemp@affordablewebs.com.au
All other payments made to Affordablewebs or any third party associated with Affordablewebs are non-refundable.

IMPORTANT NOTICE:
Affordablewebs does hereby grant full ownership of the clients website only after we have received full payment as stated in any quote/s given.
All Web Design/Web Development clients must provide any requested content within 7 days of accepting a quote to allow Affordablewebs and its designers, developers or any third party to complete their work. Failure to do so will result in 10% late penalty fee.
All new or redesigned website's will display the words "Designed by Affordablewebs" with a link back to www.affordablewebs.com.au. Client or anyone acting upon the client's instructions is not permitted to remove this text or link without written consent from Affordablewebs.
All clients agree to allow Affordablewebs to display their website in the Portfolio pages of www.affordablewebs.com.au.
All client's must maintain a workable email address and contact phone number at all times.
All client's must keep their contact details updated for each and every service that they have with Affordablewebs. Failure to do so may result in services being temporarily suspended or terminated.
It is client's responsibility to read this AUP periodically for any updates. A link to this AUP is provided at the bottom of www.affordablewebs.com.au

BACKUPS:
Affordablewebs will not be responsible for backing up of clients website or hosting account. All clients need to manage backups via client's cpanel. For help regarding backups, please refer to - http://docs.cpanel.net/twiki/bin/view/AllDocumentation/CpanelDocs/BackupWizard

Acceptable Use Policy
This document is intended to provide a basic understanding of Affordablewebs' Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Affordablewebs' AUP:

  • Ensure reliable service to our customers
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others
  • Comply with existing laws
  • Maintain our reputation as a responsible service provider
  • Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
  • Preserve the value of Internet resources as a conduit for free expression and exchange of information
  • Preserve the privacy and security of individual users

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber's activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Affordablewebs may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your account.

Affordablewebs intends to provide its customers access to everything the Internet has to offer. While Affordablewebs is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both Affordablewebs and the Internet and cannot be permitted under the guise of free speech. The resources of Affordablewebs and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.

We do not routinely monitor the activity of accounts except for measurements of system utilization 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.

You and your staff may not use your account for purposes which Affordablewebs determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings.

If an Affordablewebs account is used to violate the AUP, TOS or our TAC, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at tonykemp@affordablewebs.com.au

VIOLATIONS OF Affordablewebs ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
Illegal use: Affordablewebs' services may not be used for illegal purposes, or in support of illegal activities. Affordablewebs reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm to minors: Use of the Affordablewebs service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography.

Threats: Use of the Affordablewebs service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment: Use of the Affordablewebs service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity: Use of Affordablewebs service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Affordablewebs service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Affordablewebs account.

E-mail / News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Affordablewebs account.

E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Affordablewebs service is in violation of this AUP.

Usenet SPAMing: Affordablewebs has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of the Affordablewebs service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Affordablewebs' or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Affordablewebs account is subject to immediate termination.

Copyright or trademark infringement: Use of the Affordablewebs service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data: Use of the Affordablewebs service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Network disruptions and unfriendly activity: Use of the Affordablewebs service for any activity which affects the ability of other people or systems to use Affordablewebs Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Affordablewebs will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Affordablewebs services could result in suspension service.

Third Party Accountability: Affordablewebs subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, employee or others. You must ensure that all appropriate security and anit-spam software is up to date and active when you or others access your account. This includes via FTP, cPanel, Webmail or via any administration panel connected to any website on your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. To help prevent unauthorized access by hackers via your website files, you need to contact your webmaster. He/she will advise you on how this can be handled. Some website's may require security upgrades from time to time and you are responsible for ensuring that these security upgrades are kept up to date.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Your password provides access to your account. It is your responsibility to keep your password secure.
Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. Affordablewebs will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Network Performance
Affordablewebs accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

REPORTING VIOLATIONS OF Affordablewebs AUP
Affordablewebs requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at tonykemp@affordablewebs.com.au

If available, please provide the following information:

  • The IP address used to commit the alleged violation
  • The date and time of the alleged violation, including the time zone or offset from GMT
  • Evidence of the alleged violation
  • E-mail with full header information provides all of the above, as do system log files

Other situations will require different methods of providing the above information. Affordablewebs may take any one or more of the following actions in response to complaints:

  • Issue written or verbal warnings
  • Suspend the Member's newsgroup posting privileges
  • Suspend the Member's account
  • Terminate the Member's account
  • Bill the Member for administrative costs and/or reactivation charges
  • Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

DISCLAIMERS: TO THE FULLEST EXTENT PERMITTED BY LAW, AFFORDABLEWEBS IS PROVIDING ITS CONTENTS ON AN 'AS IS' BASIS AND MAKES NO (AND EXPRESSLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ITS CONTENTS. INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ADDITION, AFFORDABLEWBS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS DOCUMENT, COMPLETE OR CURRENT. Price and availability information is subject to change without notice. Except as specifically stated, to the fullest extent permitted by law, neither AFFORDABLEWEBS nor any of its affiliates, employees or other representatives (including any in the future) will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, AFFORDABLEWEBS does not limit its liability for death or personal injury to the extent only that it arises directly as a result of the negligence of AFFORDABLEWEBS, its affiliates, employees or other representatives (and any such persons in the future).

LEGAL REMEDY: Client herein agrees that no suit relating to services supplied or their Web site, work, or payment shall be brought in any court for any matter whatsoever by either party, except Small Claims Court in YOUR STATE OF AUSTRALIA, and using NO ATTORNEYS. AFFORDABLEWEBS agree herein not to use any Attorney in any such dispute, and Client also agrees not to use any Attorney or Professional Legal Counsel. If Client violates this agreement by using any Attorney at Law, Client thereby agrees to be responsible and pay for any and all costs for AFFORDABLEWEBS to hire a professional Attorney at Law to resolve that dispute, and Client also agrees to pay any and all Court or other costs of obtaining and collecting judgment, regardless of who wins.

REVISIONS TO THIS ACCEPTABLE USE POLICY/TERMS OF SERVICE/TERMS AND CONDITIONS

Affordablewebs reserves the right to revise, amend, or modify this AUP, TOS, TAC and any other policies and agreements that we may have in the future at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with this document, which can be found by going to the AUP link at the bottom of each web page at www.affordablewebs.com.au

Get In Touch

Business Hours: Mon - Fri 8am - 5pm
Mobile: 0417965490

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