Terms of use

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This page describes the terms of use of Port Stephens Web Technologies Pty. Ltd. ABN 92 156 451 231 website, trading as WebFoundations (hereto WebFoundations). By purchasing, or continuing to use, the products or 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, redevelops, and or impliments WordPress websites and solutions, and provides an online hosting, maintenance, and support service for those WordPress websites. We also provide services to websites not developed by WebFoundations if they meet our criteria. This includes all services displayed on WebFoundations.com.au or offered privately to each client.

WebFoundations reserves the right to modify, 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 package(s) or service(s) you have purchased. To perform these tasks access is required to your website and hosting account. By purchasing a product or service from WebFoundations.com.au you give authorization to access and modify the directories, files and database of your website and hosting account where and if necessary, as well as permission to install any WordPress plugins required for maintenance and security.

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.

Support requests and 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 our contact form.

Unless otherwise specified your service entitles you to monthly support, basic development and design time specific to the plan you have subscribed to. 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 $95 per hour and subject to any discounts under our ongoing care plans.

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.

Third Party or Client page modification

With a WordPress based website, the client can independently edit or update his or her web pages after completion of the site, unless otherwise agreed upon by client and WebFoundations. If anyone other than WebFoundations or its subcontractors attempts to update the web site and damages the design or impairs the ability for the web pages to display or function properly, time to repair the web pages will be assessed at an hourly rate of $95 per hour beyond the time allotted in the monthly care plan. There is a one-hour minimum.

Domain renewals

We provide a Domain Management console as a reseller for TPP Wholesale. We provide this service purely as a convenience to our clients and to ensure we can easily assist with the more technical aspects of maintaining a web presence.

For domains you registered with us through this service 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, your domain registrant contact details are accurate in that system at all times, and that no unauthorised person has access to your domain.

WebFoundations take no responsibility for your failure to maintain your domain currency or security.

Cancellation and 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 and 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 and payments

All prices appearing on this site are subject to change without notice. Once a client of WebFoundations, you authorise WebFoundations to charge the payment method you submitted for all the invoices generated for the services rendered by WebFoundations. In order to cancel your recurring payment or change payment method, simply contact WebFoundations prior to your payment due date.

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 and Care Plan. 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.

If you are on a Care Plan and providing your own hosting we will stop the service after 30 days of non payment.

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, or engage in any form of deceptive practice.

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.

WebFoundations privacy policy is documented here

Limitation of liability; Disclaimer of Warranties

Although there are limitations to the guarantees we can provide, your satisfaction is very important to us. Please read and understand our limits of liability before ordering services.

WebFoundations does not guarantee, represent, or warrant that the functions contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free.

You expressly agree that your use of, or inability to use, the functions contained in these webpages or the Internet website is at your sole risk. The functions of the webpages and the Internet website created for you are provided “as is” and “as available” for your use, without warranties of any kind. The entire risk as to the quality and performance of the webpages and website is with client.

IN NO EVENT SHALL WebFoundations BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS Website OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS Website (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS Website; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINING THROUGH THIS Website; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS Website WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, AND EVEN IF WebFoundations HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.IF, DESPITE THE LIMITATION ABOVE, WebFoundations IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF WebFoundations WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO WebFoundations IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website.THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF WebFoundations.

WebFoundations does not represent, guarantee or warrant that the functions contained in these webpages or Internet website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions, and WebFoundations disclaims any liability relating thereto.

This Work Statement Agreement is governed by the laws of NSW, Australia without giving effect to its conflict of laws provision. You expressly agree that exclusive jurisdiction for any claim or dispute with WebFoundations or relating in any way to your use of the created webpages or Internet website or other service provided by WebFoundations resides in the courts of NSW, Australia.

Acceptance

Please note that by submitting your payment, you are agreeing to all of our terms of service as they are written here. WebFoundations reserves the right to change or update these terms at any time without prior notice. The user of this site agrees to the terms of this agreement on behalf of his or her organization or business. This Agreement, in the absence of a specific contract, constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.

Please contact us with any questions regarding the WebFoundations terms of service by contacting us!.