Terms and Conditions
In order to use any of our services, you must agree to the following terms and conditions.
The following terms of business apply to any or all of the domain name registration, Web site hosting, email, spam and virus protection, e-mail marketing hosted application, downloadable files back-up software, and Secure Web Page services to be provided by VCSWEB. Server means the computer server equipment operated by us in connection with the provision of the Services. Web Site means the area on the Server allocated to you for use by you as a site on the Internet. Secure Web Page means the Web page operated and located on the Server which allows you to collect credit card details in a means that is difficult for other people to view the page when it is loaded, because the page is encrypted.
Special terms of contracts
Domain name registration terms
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- If your application is deemed fraudulent through a fraud detection and prevention mechanism in the domain registration process, we may require the registering party to supply Photo Identification to verify their identity. Accepted Photo Identification methods are Passport or current Drivers License.
- Both the registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
Website hosting/email/secure webpage/virus protection terms
- We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:
- you will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
- you will not knowingly or recklessly post, link to or transmit any material:
- that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
- containing a virus or other hostile computer program; iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
- you will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. VCSWEB reserves the right to suspend your service at the time of service abuse prior notification, and to terminate post 3 events of suspension of the service as a result of ongoing lack of resolution of the issue associated.
- You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or mis-routing or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), VCSWEB reserves it right to terminate services without prior notification.
- You warrant, undertake and agree that:
- any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
- the information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
- you will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
- Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
- We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.
- You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB. These charges will fall due at the completion of the calendar month on normal trading terms of 14 days from invoice. VCSWEB will provide an online interface allowing authorised users to monitor website data traffic.
- For hosting service plans which specify UNLIMITED disk (storage) space, this pertains only to files required for the normal operation of your website, and which are linked to in that website, that is your webspace provided in your account is expressly prohibited from use as an online file repository.Furthermore, you warrant to VCSWEB that any content published to your file space either directly, or user uploaded via your website, that you hold all rights to publish and distribute such material and that specifically you do not violate the rights of any third party. Any site hosting material such as music, video or pictures that does violate the rights of any third party, may be suspended or terminated at the sole discretion of VCSWEB.Any site that uses greater than 100,000 inodes (every file on your hosting account uses 1 inode), or that create file system damage by the rapid creation of large volumes of files, will be subject to review and possible suspension.
- For hosting service plans which specify UNLIMITED data transfer, should your site exceed burst (or ongoing) data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
- For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
- All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:
- Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
- Running standalone, automated server-side processes including, but not limited to any daemon.
- Running any bit torrent application, tracker or client.
- Participating in file sharing or other peer to peer sharing activity.
- Executing any script for longer than 180 seconds.
- Executing any database query that takes longer than 30 seconds to complete.
- Specifying cron tasks that execute more frequently than every 300 seconds.
Web design services
All standard developments are based on a 5 page design unless stipulated otherwise at the point of sale.
- You agree that in the provision of web design services by us we may utilise the services of third party contractors, and that we may pass on to such contractors any information or materials, including design brief and content, provided to us by you.
- You are responsible to keep a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files. VCSWEB can provide an archival solution for the existing website at our standard commercial rates.
- We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. VCSWEB is similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislations.
- All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, VCSWEB reserves the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.
- You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, VCSWEB reserves the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates.
- You may request an Administrative Hold of your project for up to 6 months at our current Administrative Hold rate. We will stop working on the project until you advise us that you are ready to move forward. If you exceed 6 months of the project being held, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.
- If you are unhappy with your site design, you may request additional layout concepts, at our current price per layout, with full payment required upfront.
- You are responsible for the digital rights to any image that you supply to us in the course of a project.
- Once your website has been published, VCSWEB will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates.
- For website builds including open source third party CMS applications (such as Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. VCSWEB will provide an on-demand upgrade service for any such application at our upgrade rate.
- VCSWEB warrants that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. VCSWEB cannot be held responsible for errors or functionality loss if the website is published and hosted on a server environment that does not match the development server specifications.
- Additional training can be provided. We reserve the right to assign the hour fee as appropriate to the training required and where it takes place.
Additional conditions for Static Websites
- 100% upfront payment is required for static website design services. If cancellation occurs before design is selected and site is put into production, a cancellation fee will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.
Additional conditions for CMS & E-Commerce Websites
- 50% upfront payment is required for CMS & E-Commerce website design services, with the balance required after design selection before we place the project in production. If cancellation occurs before design is selected and site is put into production, a cancellation fee will apply. Once a site is placed into production, cancellation fee will be 100% of project cost and no refunds will be available.
- While providing assistance in the obtaining of a merchant facility, VCSWEB provide no guarantees that a bank will provide a merchant facility for your online store.
- VCSWEB warrant the software used as stable and secure at the time of delivery. Post delivery maintenance of the security of the site is the responsibility of the client or their agent, and not of VCSWEB.
- Hosted Application means a software application or tool which is accessed and used, including the saving and retrieval of data, by logging onto the servers of the software provider via the Internet. In this section, the Supplier means the third-party supplier and host of the Hosted Application.
- You acknowledge that VCSWEB is not the owner of the Hosted Application. By ordering this Service from us, you have confirmed your acceptance of the End User Agreement (the EUA) that comes with and is displayed in the Hosted Application, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Hosted Application, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and VCSWEB has no liability or obligation to you apart from what is stated in these terms and conditions (agreement).
- Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.
- VCSWEB does not represent, warrant or guarantee that the Hosted Application will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.
- You acknowledge that the Hosted Application is hosted by the server of a third-party supplier. VCSWEB makes no representations, warranty, or guarantee as to the reliability of the Hosted Application or the ability to access the Hosted Application or retrieve data therefrom at all locations and at all times.
- Apart from technical support in relation to activating the Hosted Application, VCSWEB will not provide any user support on managing the internal features of the Hosted Application.
- You hereby permit VCSWEB’s disclosure to the Supplier of information necessary to identify the Hosted Application purchased, the date of purchase, the duration of your right hereunder to use the Hosted Application and the amount (s) paid by you.
- Software means software downloadable by using the log-in details provided by VCSWEB in relation to your current account with us relating to that software. In this section Supplier means the ultimate provider of the Software. Updates means new software releases made available by the Supplier containing security patches, bug fixes, enhancements or updates to Software.
- You acknowledge that VCSWEB is not the owner of the Software. By ordering the Service from us, you have confirmed your acceptance of the End User Agreement (EUA) that is displayed at the bottom of this page, between you (the End User) and the Supplier. Your entire rights and remedies in relation to the operation of the Software, including any errors, bugs, faults or defects are as expressed in the EUA with the Supplier and VCSWEB has no liability or obligation to you apart from what is stated in these terms and conditions (agreement).
- Your right hereunder to use the Software is also subject to the obligations related to usage set out in the EUA.
- VCSWEB does not represent, warrant or guarantee that the functioning of the Software will be uninterrupted, continuous or error-free or that defects, errors or bugs will be corrected by the Supplier.
- You must not remove or alter any copyright, trademark or proprietary notice in the Software. Nothing in this agreement gives you any rights to the Intellectual Property Rights (including without limitation, copyright, trademarks, patents and design) subsisting in the Software or any Updates or any component elements of them. You acknowledge that under the right of usage granted to you hereunder there is no transfer of title or ownership to the Software or to any modifications, updates and new releases thereto.
- Except to the extent specified to the contrary in this agreement, VCSWEB shall not be obligated to support the Software, whether by providing advice, training, error-correction, modifications, new releases or enhancements or otherwise. VCSWEB will however use reasonable endeavours to make available to you Updates as and when they become available from the Supplier.
- You hereby permit VCSWEB’s disclosure to the Supplier of information necessary to identify the Software purchased, the date of purchase, the duration of your right to use the Software and the amount (s) paid by you.
- You acknowledge that the Software cannot be guaranteed error-free and further acknowledge that the existence of any such errors will not constitute a breach of this agreement by VCSWEB. If you believe there is a defect in the Software, this must be notified and dealt with direct to the Supplier within the Warranty Period provided in the EUA.
- The Software may contain technology that is not fault tolerant and is not designed, manufactured, or intended for use in environments or applications in which the failure of the Software could lead to death, personal injury, or severe physical, property or environmental damage.
- VCSWEB is under no obligation under this agreement to provide new releases. If new releases are offered by VCSWEB it will be at the then current VCSWEB price but with any discount for upgrading from a previous version of the Software being passed onto you.
- Without limiting any other provision of this agreement, VCSWEB shall be under no liability to you in the event of loss or damage suffered as a result of your failure to download Updates as and when they become available from us.
General terms and conditions
The following terms and conditions apply to all reseller and ISP contracts and provision of all Services, including the registration of .au.com sub-domains the special terms for which are set out below:
- We shall use reasonable endeavours 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.
- In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
Intellectual property rights and other consents
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
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 your use of the Server, 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.
- We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.
- We may terminate this agreement immediately if you breach any of these terms and conditions, or if you are a company you go into insolvent liquidation, or if you are a person you are declared bankrupt.
- We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application.
- On termination of this agreement (in relation to Website hosting) we shall be entitled immediately to block your Web Site and to remove all data located on it. We will hold such data for a period of 14 days and allow you to collect it, at your expense ($150/hr), failing which we shall be entitled to delete all such data. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit.
- On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you (apart from Web Site hosting) without holding any backup data for retrieval by you.
- Without limiting the section below on our Exclusion and limitation of liability, VCSWEB will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.
- If the Supplier seeks to terminate your use of a Software or a Hosted Application for reasons other than your non-compliance with an EUA or these terms and conditions, VCSWEB will use reasonable endeavours to honour the remaining period of any then current and existing right hereunder for you to use that Service but VCSWEB will not otherwise be obligated to continue the Service if this is not possible or viable due to events beyond the reasonable control of VCSWEB.
- VCSWEB shall not be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay or failure is due to termination of access to the Hosted Application or to Software by the Supplier or a change by the Supplier to the conditions of supply thereof.
- With the exception of items defined within clause 12, 30 Day Money Back Guarantee, VCSWEB does not offer refunds or credits for new purchases in the event of termination or cancellation of these services.
- In the event of customer requested cancellation of a renewed service, VCSWEB will complete the cancellation request to your service at the first available opportunity, however we acknowledge the date of lodgement of the cancellation request (where we have provided a receipt ID) as the date of cancellation. Services are required to be cancelled prior to renewal, for cancellations submitted after the scheduled date of renewal there are no credits and no refunds.
- All charges payable by you to us for the Services shall be in accordance with the relevant scale of charges and rates published from time to time by us on our Web site and explicitly on the invoice shall be due and payable within thirty (30) days of receipt of our invoice for yearly subscription services therefore. Monthly subscription services require payment within 7 days of invoice issue.
- The provision by us of the Services is contingent upon our having received payment in full from you in respect of the relevant Services. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, forthwith and at our sole discretion, to suspend the provision of Services to you.
- If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 12% per annum, from the due date of the payment.
- Upon provision of a credit card account, you give us authorisation to automatically debit your credit card for all charges on issuance of a valid invoice.
If you nominate that the good(s) or service(s) you have purchased to be invoiced, you will be charged a $4.40 account fee per invoice issued.
Late payment fee
If you exceed our thirty (30) days credit terms, you will be charged an $11.00 late payment fee. A revised invoice will be sent to your nominated e-mail address.
Exclusion and limitation of liability
- 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 IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF 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 RESELLERS, AGENTS, 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.
- Our total aggregate liability to you for any claim in contract, tort, negligence, equity 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 that you notify us of any such claim within one year of it arising.
- 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 or economic loss whatsoever, even if advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.
- In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful. To the full extent permitted by law, where the benefit of any 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:
- in relation to goods
- the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
- the repair of the goods or payment of the cost of having the goods repaired;
- in relation to services:
- the supplying of the services again; or
- The payment of the cost of having the services supplied again as in each case we may elect.
Except where expressly provided otherwise, any notice to be 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, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.
If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
The benefit of this agreement may be assigned by us, but not our obligations to you - to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
Change to terms on renewal
We may change the terms and conditions of this Agreement at any time. Details of our current terms are available here. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.
These terms and conditions constitute the entire agreement between VCSWEB and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and VCSWEB.
Entire agreement, governing law
In addition to general Account, Billing and Service communications, VCSWEB will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by following ‘unsubscribe’ instructions contained within the communications.
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.
Please review our Privacy Statement for full details of our use of personal data.