Terms of Service, and Privacy

This page describes the terms of use and privacy policy of Port Stephens Web Technologies Pty. Ltd. ABN 92 156 451 231 website, trading as WebFoundations. By purchasing, or continuing to use, the services from WebFoundations via WebFoundations.com.au, and in the absence of any overriding contract or site development agreement, you agree to be bound by and accept the following terms and conditions:

Summary

We’ll always do our best to fulfil your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In these terms you won’t find any complicated legal terms or long passages of unreadable text.

Service Description

WebFoundations develops and or impliments WordPress websites and solutions, and provides an online hosting, maintenance, and support service exclusively for those WordPress websites. This includes all services displayed on WebFoundations.com.au or offered privately to each client.

WebFoundations reserves the right to suspend or discontinue the availability of any service at any time at its sole discretion and without prior notice.

Authorisation

You are engaging WebFoundations, as an independent contractor to perform work as described in the service(s) you have purchased. To perform these tasks access is required to your website and hosting account. By purchasing a product or service via WebFoundations.com.au you give authorization to access and modify the directories, files and database of your website and hosting account.

Copyright Law

WebFoundations takes no responsibility for your legal interests, therefore it is the client’s responsibility to ensure that information, logo’s and images comply with copyright law and you have permission to publish your selected information.

Limitation Of Liability

We will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.

That said, we can’t guarantee that our work will be error-free, or we won’t be exposed to the intended or unintended actions of a third party so, in no event shall WebFoundations be liable under contract, tort, strict liability, negligence or other legal theory with respect to the website, any services provided or purchased, for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Support Requests & Monthly Support Time

Support requests must be through the correct channels, and directly relate to your WordPress website. To request support please open a ticket by using the contact forms at webfoundations.com.au

Unless otherwise specified your service entitles you to monthly support, basic development and design time ( 1 hour ). This includes the time taken to perform our hosting and maintenance obligations. If unused before the end of each month this support time expires and does not accumulate. In the event that additional development and design time is needed it can be purchased at a rate of $75 per hour.

Unless otherwise specified your service is for one website only. Support requests must directly relate to the website associated with the client’s account. While we make every effort to respond to you quickly, and usually do, officially we will respond to support tickets within 24 hours Monday to Friday, and 48 Hours during Weekends and Public Holidays.

WordPress, Plugin & Theme Updates

All updates are completed within 30 days of release, usually much sooner, with priority given to security releases. We attempt to resolve any issues associated with WordPress or Plugin & Theme updates, or, if the issue can’t be resolved, we revert the site back to its last known good backup

Backups

For the websites we manage we keep the following backups;

Sites with static or little regular change are backed up monthly and stored in a cloud location independent of the web server. We also maintain a local archive copy, and a local development copy.

Sites with regular content changes such as eCommerce sites are backed up once every 24 hours with the backup being stored in a cloud location independent of the web server. We also maintain a local archive copy, and a local development copy.

Domain renewals

You are responsible for the currency and renewal of your domain(s). If your domain expires, your site, and any associated services, will cease to function until you renew the domain registration.

For domains you registered with us we will endeavour to communicate to you well in advance of renewal and do everything we can to ensure you are aware of pending renewal, however you are solely responsible for ensuring the domain is renewed and your contact details are accurate in our system.

Cancellation & Refunds

Cancellation of any monthly recurring service can occur at anytime after your first 1 month (30 days) of service. No refunds are available after your purchased package or service has been started, unless otherwise specified in any superseding documentation authorised promotional materials and marketing campaigns.

Promotions & Advertising

Promotional offers for WebFoundations or partners may be sent together with email reports. WebFoundations.com.au also reserves the rights to display third party advertisements on this website. This website may contain some affiliate links to businesses we have used and would recommend.

Pricing & payments

All prices appearing on this site are subject to change without notice. If pricing changes affect subscriptions or ongoing charges clients will notified via their nominated email account with a minimum of 2 weeks notice.

Non Payment:

In the instance of non payment of our invoices for site hosting and maintenance the following will happen;

We will send you three reminder notices, one at 7 days overdue, one at 14 days, and one at 21 days.

If payment hasn’t been received after 30 days we will suspend your hosting. Your site will be offline and any associated services will cease to function.

30 Days later (two months from invoice) we will consider it your intention to cancel your contract. We will remove our licence keys from any theme and plugins and send you an archived version of the site files and database that you can keep, or hand to another developer, after which we will delete the site from our servers.

Service refusal

WebFoundations reserves the right to refuse service to any website or individual. We do not accept websites that contain offensive, pornographic, hateful or malicious content.

We, and by association You, abide by the hosting terms of use of any and all providers we use.

Privacy Policy

Your privacy is important to WebFoundations This privacy statement provides information about the personal information that WebFoundations collects, and the ways in which WebFoundations uses that personal information.

Personal information collection

WebFoundations may collect and use the following kinds of personal information:

  • Information that you provide using for the purpose of registering with website newsletters and competitions
  • information about transactions carried out over this website
  • information that you provide for the purpose of purchasing services
  • information supplied for the administration of services
  • any other information that you send to WebFoundations.

Using personal information

WebFoundations may use your personal information to:

  • Administer this website
  • Personalise the website for you
  • Enable your access to and use of the website services
  • Publish personal information that you submit for publication
  • Supply to you services that you purchase
  • Send you statements, invoices and reports
  • Collect payments from you
  • Send newsletters and relevant information

Where WebFoundations discloses your personal information to its sub-contractors for these purposes, the sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.

In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, WebFoundations may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Communication

All communication/correspondence is generally done via email or support ticket. It is client’s responsibility to keep us updated with their relevant email addresses.

Updating this statement

WebFoundations may update this statement by posting a new version on this website without notification. You should check this page occasionally to ensure you are familiar with any changes.

Contact WebFoundations

If you have any questions about this privacy policy or WebFoundations treatment of your personal information, don’t hesitate to contact us!

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