General Conditions
Each condition and article below applies to all products and services provided by WIT Webbing including websites, Web Packages, WitCare, X-treme Make over, Web Hosting, Domain name registration, options and add-ons.
“Us” or “we” means WIT Webbing.
“You” means the Client.
" Website" means a website designed by WIT Webbing
“ Web Package” means the Client’s website designed and hosted by WIT Webbing
“Bank Account” means the bank account held at the Client’s financial institution from which WIT Webbing is authorized to arrange for funds to be debited/credited.
“DDRS Agreement” means this Direct Debit Request Service Agreement between the Client and WIT Webbing.
“Banking day” or “Working Day” means a day other than a Saturday or a Sunday or a public holiday listed throughout Australia.
“Debit day” means the day that payment by the Client to WIT Webbing is due.
“Debit payment” means a particular transaction where a debit is made.
“Your financial institution” is the financial institution where the Client holds the account that he/she has authorized WIT Webbing to arrange to debit.
A "Month" is a calendar month.
1. Warranties
The Client warrants to WIT Webbing and our partners that:
The Client has the right to enter into this Agreement and is the owner of, or is legally authorized to use the Content and to advertise any business, Product or service referred to in the Content;
The Client’s indemnity in favour of WIT Webbing
The Client agrees to indemnify WIT Webbing and our partners against all claims, demands, damages, costs, penalties, suits and liabilities of any nature caused directly or indirectly by the Client’s act or omission or any breach by the Client of any provision of this Agreement. WIT Webbing is not responsible for any damages the client may caused directly or indirectly to his/her website. WIT Webbing can not be held responsible for the use the client or/and his/her website's visitors make of the client's website.
The client is fully responsible for the financial transactions made on his/her website.
2.1 WIT Webbing will not be responsible for any damages your business may suffer.
We provide no warranties, express or limited, for services we provide, nor do we guarantee your web site or applications will work error free on our servers. This includes implied warranties of merchantability or fitness for a particular purpose. As such, we are not responsible for loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery and any service interruptions caused by WIT Webbing and its employees.
2.2 We do not guarantee uptime or service availability (unless we have entered into a Service Level Agreement with you) nor do we guarantee that services will be uninterrupted, timely, secure, or error free, or that defects will be corrected.
2.3
Should any part of this disclaimer be made invalid by relevant legislation (such
as the Trade Practices Act) then the remaining part shall still be in force.
3.1
WIT Webbing reserves the right
to revise its terms and policies from time to time without notice. Updates will
appear on the company website. By continuing your services you agree to these
revisions.
3.2 However, if we revise our terms in a way that impacts you
both materially and detrimentally (and you have more than a month's worth of
subscription paid in full remaining on your account), you may request a refund
for services.
3.3 Refunds shall be provided for whole months only; parts of a month
shall be rounded down. They cannot be given for products or services WIT Webbing
has purchased from 3rd party providers (such as domain names, Web Hosting, SSL,
etc).
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
5. Protection of Content
The Client undertakes to respect all applicable international laws with regard to intellectual and industrial property. WIT Webbing has the right to refuse to include any statements of a racist, xenophobic, anti-Semite, antireligious, paedophile, incestuous or violent nature or likely to represent a threat to the integrity of users; such a refusal will not jeopardize the validity of the Agreement or be a legitimate motive of cancellation of the Agreement by the Client. WIT Webbing has the right to refuse, cancel or terminate their agreement, services and/or products if the Client:
Defame embarrass, harm, abuse threaten, slander or harass third parties
Use RC bots
Use proxy servers or other servers
Hack sites or run malicious scripts
Post illegal child-pornography
Post material which encourages unlawful behaviour by others, such as hate crimes or terrorism
Run any sort of hate/extremist sites
Engage in spamming
Breach copyright, trademarks, servicemarks or patents. This includes the posting of Wares or pirated software on your service, or linking to such material even where such material is not controlled by WIT Webbing.
Engage in actions which are prohibited by the laws of Australia and/or foreign territories in which you conduct businesses
Post material which is tortuous, vulgar, obscene or invasive of the privacy of a third party
This is not an exhaustive list. Other activities deemed improper, illegal or dangerous may also breach this agreement.
In compliance with the Privacy Act, we are permitted to share your personal details with competent authorities when there is proof of fraudulent or criminal activities.
We shall continue to rebill a suspended account as normal notwithstanding that you may not be able to access any products or services.
Any temporary interruption of the service on our part for any of the abovementioned reasons does not constitute a legitimate motive of cancellation of the Agreement by the Client.
We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where WIT Webbing has been given misleading or false information regarding the type of web site to be hosted.
6. Intellectual property
Every element provided by the customer such as trademarks, designs, logos, graphics or illustrations remains the client’s property or the property of the person who authorized the customer to use them. Every other element in our products and services, including the content, text, designs, illustration and files provided by us belongs to the client. You grant us, our associated companies and any entity in which we hold a Relevant Interest a royalty free licence to use, reproduce, modify and adapt the Content (to the extent that it is not owned by us or our partners) for the purposes of providing your product and including your Content in any other directory, product, service or marketing material provided or used by us or any entity in which we hold a Relevant Interest. You agree that the Agreement applies to the inclusion of the Content in those other directories, Products, services and marketing materials. The licence you grant to us includes a licence to provide content to any of our contractors where necessary for us to provide a Product to You.
WIT Webbing cannot be held responsible of the use by web users of elements on the Client’s website (photos, texts, scripts, logos, slogans, etc.). WIT Webbing is not responsible in any way or form for any of the material given by the Client if the latter does not hold full ownership of the said material; this concerns all types of files (including photo and audio files).
7. Prices
If not mentioned otherwise in these terms, the products and services prices are that mentioned on the original purchase order of the client and on any other purchase order of the client. Prevailing prices are the ones indicated on WIT Webbing website (www.witwebbing.com.au) at the date of the purchase. WIT Webbing may change the prices of its products & services at anytime during the life of any contract/subscription. However, a price increase can not exceed 11% of the initial price per year. If an increase in price is lower than 4% of the price applicable the preceding month, WIT Webbing is not required to notify the Client of such an increase. The Client consents to any increased prices or additional charges being included in any periodic direct debit authority granted to WIT Webbing. WIT Webbing will notify the Client in writing of any price increase higher than 4% of the price applicable the preceding month. Such increases cannot be held as a legitimate motive of early termination of the Agreement by the Client.
8. Payment:
8.1 Minimum Deposit: For each product or/and service other than WITCare and purchased through our company, a 50% minimum deposit will be required. The client acknowledges that WIT Webbing will not start working on the client's website before full deposit has been received by WIT Webbing.
8.2 Balance Payment: The balance is due when all purchased items and jobs, (Domain name transfer, Domain name registration and web hosting EXCLUDED) have been completed. For instance, when the delivery is made impossible due to the customer, (failure to provide the access or content), the balance is still due.
8.3 Payment Methods: WIT Webbing products & services may be paid by direct fund transfers to WIT Webbing's bank account or by cheque or by Credit Card or by direct debit made by WIT Webbing from the client's Credit Card or Bank Account nominated by the Client according to the Direct Debit Request Service Agreement (DDRS Agreement) below. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund.
8.4 The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must follow our official cancellation procedure.
8.5 All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of WIT Webbing. That includes every files & domain names.
8.6 Your account will not be created or work performed until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.
8.7 We reserve the right to change and refuse payment methods to clients at our sole discretion.
8.8 PayPal payments
If you have signed up using PayPal subscription your PayPal account will be rebilled on the due date of future invoices. Our system generates and emails you an electronic invoice when your domain and/or services are due for renewal. It is your responsibility to keep your PayPal Account current and make sure it has sufficient funds.
8.9 Credit Card payments
If you have signed up using a credit card your credit card will be rebilled on the due date of future invoices. Our system generates an electronic invoice 10 days prior to your domain and/or service renewal date.
8.10 Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in your credit card account we reserve the right to add AU$1.00 per failed transaction to your account to cover our transaction fees. We also reserve the right to change your billing method from automatic credit card payments to manual payments where the user is required to login and make payment.
8.11 You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
- If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a AU$50.00 administration fee applies per chargeback request.
9. Direct Debit Request Service Agreement (DDRS Agreement)
9.1. Debiting your account
9.1.1 By signing a direct debit request, you have authorized us to arrange for funds to be debited monthly from your account. You should refer to the direct debit request and this agreement for the terms of the arrangement between us and you.
9.1.2 We will only arrange for funds to be debited from your account as authorized in the direct debit request.
9.1.3 If the debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.
9.2. Changes by us
9.2.1 We may vary any details of this DDRS agreement or a direct debit request at any time by giving you at least fourteen (14) days’ written notice.
9.3. Changes by you
9.3.1 Subject to 9.3.2 and 9.3.3, you may change the arrangements under a direct debit request by contacting us on (07) 5456 4131.
9.3.2 If you wish to stop or defer a debit payment you must notify us in writing at least 14 days before the next debit day. This notice should be given to us in the first instance.
9.3.3 You may also cancel your authority for us to debit your account at anytime by giving us 30 days notice in writing before the next debit day.
This notice should be given to us in the first instance.
9.4. Your obligations
9.4.1 It is your responsibility to ensure that there are sufficient clear funds available in your account to allow a debit payment to be made in accordance with the direct debit request.
9.4.2 If there are insufficient clear funds in your account to meet a debit payment:
(a) you may be charged a fee and/or interest by your financial institution;
(b) you may also incur fees or charges imposed or incurred by us; and
(c) you must arrange for the debit payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time so that we can process the debit payment.
9.4.3 You should check your account statement to verify that the amounts debited from your account are correct
9.4.4 If WIT Webbing is liable to pay goods and services tax ("GST") on a supply made in connection with this DDRS agreement, then you agree to pay us on demand an amount equal to the consideration payable for the supply multiplied by the prevailing GST rate.
9.5. Dispute
9.5.1 If you believe that there has been an error in debiting your account, you should notify us directly on (07) 5456 4131 and confirm that notice in writing with us as soon as possible so that we can resolve your query more quickly.
9.5.2 If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging for your financial institution to adjust your account (including interest and charges) accordingly. We will also notify you in writing of the amount by which your account has been adjusted.
9.5.3 If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding.
9.5.4 Any queries you may have about an error made in debiting your account should be directed to us in the first instance so that we can attempt to resolve the matter between us and you. If we cannot resolve the matter you can still refer it to your financial institution which will obtain details from you of the disputed transaction and may lodge a claim on your behalf.
9.6. Accounts You should check:
(a) with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions. (b) your account details which you have provided to us are correct by checking them against a recent account statement; and (c) with your financial institution before completing the direct debit request if you have any queries about how to complete the direct debit request.
9.7. Confidentiality
9.7.1 We will keep any information (including your account details) in your direct debit request confidential. We will make reasonable efforts to keep any such information that we have about you secure and to ensure that any of our employees or agents who have access to information about you do not make any unauthorised use, modification, reproduction or disclosure of that information.
9.7.2 We will only disclose information that we have about you: (a) to the extent specifically required by law; or (b) for the purposes of this agreement (including disclosing information in connection with any query or claim).
9.8. Notice
9.8.1 If you wish to notify us in writing about anything relating to this agreement, you should write to WIT Webbing, 6 Serenity Court, Buderim, QLD, 4556
9.8.2 We will notify you by sending a notice in the ordinary post to the address you have given us in the direct debit request.
9.8.3 Any notice will be deemed to have been received on the third banking day after posting.
10. GST & Invoicing:
10.1 GST: Where WIT Webbing makes a Taxable Supply to the Client and the consideration for that supply is not expressed to be inclusive of GST, the Client must pay WIT Webbing an additional amount for GST equal to the value of that GST exclusive consideration (without deduction or set-off) multiplied by the prevailing GST rate. The Client must pay the additional amount on demand by WIT Webbing. Where the consideration for a Product is payable by instalments, the Client must pay us the entire amount of GST applicable to that Product (without deduction or set-off) at the earlier of a demand by WIT Webbing or the due date for payment of the first instalment.
10.2 Invoicing: For each product and/or service purchased by the client, WIT Webbing will provide the Client with a Tax Invoice.
11. Failure to pay:
We reserve the right to suspend your account including all your domain names, and our services if you have an outstanding invoice or account or if your account is in dispute, or as part of a dispute resolution procedure. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. Your domain names may remain our property.
We shall continue to rebill a suspended account as normal notwithstanding that you may not be able to access any products or services.
In the case of non settlement within 15 working days following the date of first failure to pay, the Client will pay WIT Webbing the sum total of all outstanding amounts as specified in the terms of the Agreement including a late payment fee of 7.5% to cover management costs.
If the Client’s account remains unpaid for 60 days, or if certain amounts remain due after 60 days, the Client’s information will be passed onto a collections agency for debt recovery. The Client will be charged the account balance plus a 25% premium and GST. The Client’s information may also be given to legal practitioners and credit agencies if proceedings are initiated or debts remain unpaid. WIT Webbing reserves the right to seek and claim damages and losses from suspended accounts. WIT Webbing may use whatever legal means necessary to recover any outstanding debts.
12. Advertising and online sales:
12.1 Except for the mention "Powered by WIT Webbing" or "Powered & Hosted by WIT Webbing.com.au" that will appear discretely on the client's website, WIT Webbing will not insert ANY ADVERTISING or POP-UPS on the Client’s website without prior written consent from the Client.
12.2 Within the framework of the improvement of their services, WIT Webbing is authorised by the Client to promote his/her business(es) on all media.
12.3 When WIT Webbing provides a “Shopping Cart” and/or a “Paypal Checkout” integration modules to their Clients, funds collected through the online sale of the Client’s products and services will be credited directly to the bank account of the Client. WIT Webbing WILL NOT TAKE any commission or fees from those transactions. Transactions fees may apply by Paypal (For more information go to: www.paypal.com.au)
13. Client's Change of mind:
13.1 The client may cancel an order within the 5 working days following the order. If cancelled within the 5 working days following the order, WIT Webbing will refund the client fully. Over the 5 working days following an order, no refund will occur.
13.2 Refunds shall be provided for whole months only; parts of a month shall be rounded down. They cannot be given for products or services WIT Webbing has purchased from 3rd party providers (such as domain names, SSL, etc).
13.3 In the exceptional case for which WITWebbing would consent to refund the customer after the 5 working days period, the client must send a letter notifying their decision of cancelling the order to WITWebbing – 6 Serenity Court – Buderim – QLD - 4556. WITWebbing will then proceed to the re-calculation of the customer’s balance as follows: Amounts the customer already paid MINUS the value of what has already been done by WITWebbing on the customer’s project. All discounts and specials offers that might have been consented by WITWebbing at the time of the order will no longer apply and the new balance will be calculated with WITWebbing catalogue prices at the time of the order. If after re-calculation of the balance, it appears that the customer paid more than what was done, WITWebbing may refund the difference by cheque to the customer. If after re-calculation, it appears that the customer paid less than what was done, WITWebbing is entitled to ask for full re-payment of the final new balance. In both cases and after re-payment, WITwebbing will provide the customer with a copy of all the files and graphic work that the customer paid for on Cd-Rom or DVD-Rom.