Terms and Conditions
Before becoming a user of any WEBY Systems services or products you must agree to be bound by the following terms and conditions. Your agreement will be indicated by registering as a user with, placing an order or entering into a contract with WEBY Systems.
Last Updated 09-08-2010
SPECIFIC TERMS
Website Design and Development
Virtual Private Servers and Dedicated Servers
GENERAL TERMS AND CONDITIONS
Service Availability
We shall use reasonable endeavors to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for service interruptions or down time of the Server.
Backup/Recovery of Data
It is your responsibility to ensure that you keep regular backups of your site and the information contained on the server, in the event of server problem we will attempt to reload the latest backup data from our routines this of course may not be current if you have made any changes since our last backup of the server.
We keep backups of all work completed by us, any information that is Hosted/ Sub Hosted and maintained by us (Backup Option) will be reloaded in the event of a server failure to ensure ongoing service. All work designed by us is also backed up and if you require another copy from us we can provide it at our standard fee as posted on this web site
Termination
We may terminate this agreement if you fail to pay any sums due to us as they fall due.
We may terminate this agreement if you breach these terms and conditions and you fail to correct the breach within Fourteen (14) days following notice from us specifying the breach.
On termination of this agreement all data stored on your behalf either on your web site or held by us for the provision of service will be removed from public access and held for thirty (30) days, if you have not made arrangements to collect it at your expense, then we shall be entitled to delete it. we shall further be entitled to post any such notice in respect of the non-availability of your web site as we think fit.
WEBY Systems shall be the sole and final arbitrator in what is considered a breach of the terms.
Indemnity
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of services by us to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
Payment
All charges payable by you to us for services shall be in accordance with the relevant scale of charges as set out on this website and shall be due and payable by the due date printed on the Invoice.
We reserve the right if any sums payable by you have not been paid by the due date to suspend the provision of service to you until such time as the amount owed is paid in full.
Rate Variation
You agree that we may increase any Fees once a year to reflect changes in the All Groups Consumer Price Index - weighted average of eight capital cities as published by the Australian Taxation Office. Or in respect to proucts and services outside Australia for variations in the value of the Australian dollar.
Changes to Terms
We may vary any of these Terms of Use at any time and any other information relating to the Services, at any time and your subsequent use of your account or services will be governed by the varied Terms of Use. Without limiting WEBY Systems ability to give notice by any other means, you will be deemed to have:
(i) received adequate notice of such changes where WEBY Systems places a notice on weby.com.au web site advising that these Terms of Use have been changed; and
(ii) accepted the changes to these Terms of Use and agreed to be bound by the revised Terms of Use if you continue to use your account after the date that notification of changes on the weby.com.au web site is posted.
Notices
Except where expressly provided otherwise, any notice given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing.
Notices sent via email unless proved contrary shall be deemed to have been served on the day of transmission.
Notices sent via facsimile upon receipt of a error free transmission report shall be deemed to have been served at the time of transmission.
Notices sent via post or courier shall be deemed to be served two days following the day of posting.
Limited 30 Day Money Back Guarantee (Hosting Packages only)
If for any reason you are not completely satisfied with our hosting services within the first 30 days from the opening of your account send an email to accounts@weby.com.au with your user ID and a short note confirming that you would like to cancel your account. we will contact you to confirm the cancellation and you will be given a full refund of your hosting fee excluding the setup fee no questions asked.
EXCLUSION AND LIMITATION OF LIABILITY
1.To the full extent permitted by law we hereby exclude all conditions and warranties not expressly set out herein. Except as specifically set forth in elsewhere on this web site, we make or give no express or implied warranties including, without limitation, the warranties or merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
2. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided you notify us of any such claim within sixty (60) days of it arising.
3. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential, personal or economic loss whatsoever.
NOTE
THE BENEFITS CONFERRED BY THIS WARRANTY ARE IN ADDITION TO AND NOT IN DEROGATION OF ALL RIGHTS AND REMEDIES IN RESPECT OF THIS PRODUCT WHICH THE CONSUMER HAS UNDER THE TRADE PRACTICES ACT AND OTHER STATES AND TERRITORY LAWS.
To the full extent permitted by law, where the benefit of such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:
(i) In relation to goods - repair or replacement of the goods or supply of equivalent goods or the cost of replacing the goods or acquiring equivalent goods
(ii) In relation to services - supply of the service again or payment of the cost of having the services supplied again.
Privacy Agreement
Your privacy is protected as per the Privacy Act 1988.For more information on the operation of the Privacy Act 1988 and privacy in general, users can visit the Privacy Commissioner's website at www.privacy.gov.au.
Any information gathered by WEBY Systems in the course of business will not be sold, leased or given to any third party without your specific consent. The information collected is for the sole use of WEBY Systems to assist us in the provision of services for our clients. Information may be disclosed when required to law enforcement agencies.
Entire Agreement, Governing Law
This agreement shall be governed by the laws in force in the state of Queensland Australia. Both parties hereby submit to the exclusive jurisdiction of the courts of that state.