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Terms & Conditions

Please read these terms & conditions carefully. We retain the sole discretion to cancel any Client's account because of a breach of any terms or conditions within this agreement. Who's who: The Client is you, as provided on your registration; the Designer is AndyK Design. The named Client (hereinafter referred to as "the Client") is engaging AndyK Design as an independent contractor. The following terms and conditions are governed by the laws of Western Australia. Purchase of an account automatically constitutes acceptance of the following Terms & Conditions of Trading. This agreement constitutes the sole agreement between the two parties.

Eligibility: All account holders must be over 18. Anyone not deemed legal or suitable will be refunded prior to any work being completed. It is the Client's sole responsibility to be honest in their declaration of being over 18. We do not take any responsibility for anyone making false declarations.

Account Payment, Cancellation & Refund: Yearly rental fees will begin from initial registration, unless otherwise specified by the Designer. Failure to pay renewal fees will result in suspension of your website. The Client may cancel any account at the end of a prepaid period by giving notice in writing, prior to receiving an invoice for the next invoicing period. Failure to make payment will result in immediate suspension of your website. Failure to make payment in full 30 days following suspension will result in the removal of your website and all content. Reinstatement will require repayment of the setup fee. If the Client cancels the account for any reason, there is no entitlement to any refund except to the extent that is required to by law.

Electronic Commerce Laws & Security: Keep all content clean and relevant. All sites will be randomly reviewed for content. The Client is not permitted to upload any offensive matter onto their server space, either directly or indirectly (meaning such things as pornography, incitement of racial hatred, the acquisition of prohibited substances, excess violence or gore, etc.) The Client is not allowed to use any of our services for illegal activities such as copyright violations, defamation or fraud, for interfering with or disrupting other users’ access to the Internet, or for sending mass email, or “spam”. The Client is not permitted to tamper with or attempt to tamper with our or any other user’s facilities or website. The Client will indemnify us against any and all liability to third parties if these conditions are breached.

Copyright: Make sure you have the right to use the text and images you put on your website. The Client agrees that all and any elements of text, graphics, photos, designs, trademarks, artwork they have supplied for inclusion in the Site are the Client's responsibility and are free and available to be used by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend us and our subcontractors from any liability (including attorney’s fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Should we be invoiced for any misuse of items provided by the Client, the Client will be invoiced in turn for said amount and may incur an additional handling fee.

Ownership: The template remains the property of AndyK Design, and can't be used without permission. All coding, database, design, artwork, graphics and images to create the Client's template will remain the property of AndyK Design, unless specifically provided by the Client. They may not be copied or re-used in anyway without written permission of AndyK Design. Images & graphics files may be provided to the Client on request, in which case the Client may incur added costs in the transferral and provision of such items.

Security: It's your responsibility to keep your password safe and check all files for viruses before uploading them. It is the responsibility of the Client to record all passwords and access information, and make sure they are kept secure so that others cannot use the account(s). AndyK Design will not disclose any information given, including access information and passwords, except to the signed account holder, but reserves the right to give such information to the State or Federal police, or relevant Government authority when properly subpoenaed or compelled by law to do so.

Website Compatibility: All efforts will be made for the site to work on all computers. AndyK Design will make reasonable efforts to provide a fully-functional website, compatible for Microsoft® Internet Explorer versions 7+ and Firefox 3+, although our warrantee does not extend wholly to all available browsers, resolutions, screen sizes and/or platforms available.

Hosting and Availability: Site hosting will be randomly monitored, although access remains the responsibility of the host (PowerDNN). As the site will be hosted by PowerDNN, every effort will be made to maintain the site availibility or consult with the host should there be any issues. Up to date Backups cannot be guaranteed.

Support: FREE telephone and email support will be available to registered account holders only, and in respect to Clients' website only. Due to this service being FREE, it is restricted to standard business hours only.

 

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