WEBLIFY TERMS AND CONDITIONS
The following terms and conditions (the “Terms and Conditions”) govern your use of Weblify (“Weblify” “Company” or “we” or “us”) website located at https://weblify.com.au/ (the “Site”) and of the services provided by Weblify (“Services”).
- BY USING THE SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions May Change
Additional Terms and Conditions May Apply
The disclaimers, terms, and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Weblify, including on any particular page of this Site or through the Services. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of a specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Services.
We May Discontinue or Alter Any Aspect of the Site or the Services.
We may discontinue or alter any aspect of the Site or the Services, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Services, at our sole discretion and without prior notice or liability.
- AUTHORIZED USERS
Authorization to Use this Site
You hereby confirm to Weblify that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 18 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
Weblify is in the business of providing clients with website development and also offer website hosting services to clients.
Weblify charges a fee for the provision of its services. You are responsible to Weblify for any fees applicable to the services you choose. You authorize Weblify (or its partners), or its designated payment processor, to charge your specified credit card, debit card, or other payment methods for such fees as provided by Weblify.
Unless otherwise specified, all fees are in Australian dollars, and all charges will be made in Australia dollars.
- Hosting fee
Weblify charges the client $20 as hosting fee, such charge covers hosting and technical support only. The client agrees that the amount paid for the hosting fee shall not cover for the general maintenance of the website. Weblify shall also provide the client with the required training upon request. The current hosting fee shall be subject to changes at any time depending on the amount of server resources the client’s website consumes. Weblify also reserves the right to notify the client of such changes in the cost of the hosting fee.
The Client agrees that the website hosting subscription shall be subject to renewal monthly. In the event, the client does not make payment for the renewal, Weblify shall grant a 7 days grace period. After the grace period, and payment has not been received, Weblify reserve the right to suspend the website with or without written notice to the Client.
- Email account fee
Weblify shall provide clients with a specific domain email upon request. The client shall also be charged $2 for each email assigned by Weblify. Such domain email shall have unlimited storage and the client shall be granted webmail access and will be accessible on all devices. The Client shall not use the assigned email to send spam or fraudulent email. If reported for spam or fraudulent activities, Weblify reserve the right to freeze or completely remove the domain email with or without notice to the client.
- Migration fee
Weblify charges a migration fee of $199 to clients who haven’t held hosting with Weblify for a minimum of 12 months and requires to transfer its website hosting to a new host. Weblify shall also transfer the website hosting of clients that have held hosting with the Company for more than 12 months to another host at no cost. Such transfer shall be handled by Weblify. However, the client payment for the hosting fees needs to be up to date and paid monthly at the current rate for a total of 12 months to be eligible for the free migration service.
All quotes include merchant and GST fees. These prices might change depending on the merchant if they increase their fees or if the Australian government increases the GST rate.
Except as required by law, all fees relating to deposits, website completion charges, additional service hire charges and hosting and technical support subscription are non-refundable. Payment may not be canceled by the user, except as required by law. You understand and agree that if you authorize a payment transaction with your credit card, debit card, or other payment methods, but your charge is rejected for any reason, there may be a hold on the services rendered by Weblify.
We trust you are satisfied with the service provided by Weblify.com.au. If not, we will endeavor to rectify any discrepancies. Refunds are subject to Weblify discretion.
- WEBSITE CONTENT
Weblify shall ensure that the websites designed and hosted for clients shall not contain any inappropriate, explicit, or illegal material or content. Weblify reserve the right to remove the client’s website without notice if reported for any illegal or inappropriate content.
- PROJECT DEADLINES
The client agrees that the project timelines are only an estimate and may be extended based on current demands, workloads, force majeure, or complexity of current projects.
- RESTRICTIONS ON USE OF SITE CONTENT
All content and materials contained in this Site or made available through the Service (“Content”), are protected by Australia and international trademark and copyright laws, are owned or controlled by Weblify, and must only be used for certain approved purposes as established by Weblify. You may only view or download Content from this Site for your use or as otherwise expressly authorized by Weblify.
No Reproduction / Distribution
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or transmission of material available on or through this Site or the Services is STRICTLY PROHIBITED without the prior written consent of Weblify or unless expressly permitted by this Site or the Services. This includes, without limitation, any application, text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site by Weblify. The copying posting, linking, or another use of Content from this Site or the Services on any other website or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site or the Service can be made by contacting Weblify in writing at the address listed below.
The trademarks, logos, service marks, and trade names (collectively the “Trademarks”) of Weblify or any third party displayed on the Site or content available through the Site may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third-party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited.
Trademarks, service marks, logos, and icons owned by third parties are the property of those respective third parties. Weblify and affiliates do not warrant or represent that your use of the Content will not infringe the rights of third parties.
You agree to defend, indemnify and hold Weblify, its affiliates, and its and their directors, officers, employees and agents harmless from all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from any content or other material you place on the Site or your breach or violation of the law or these Terms and Conditions. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Company’s defense of such claim.
- OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
Weblify owns all the proprietary information as included in the Services, as well as website, source code, object code, digital programming, operating instructions, design concepts, contents, graphics, domain names, and characters.
- NO WARRANTIES
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS, AND MATERIALS CONTAINED OR AVAILABLE THEREON, IS PROVIDED “AS IS,” “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES. FURTHER, WEBLIFY DOES NOT WARRANT (A) THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT, (B) THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE OR THE SERVICES OR CONTENT WILL BE ACCURATE OR RELIABLE, OR (C) THAT THE QUALITY OF THE SITE OR THE SERVICES OR CONTENT WILL MEET YOUR EXPECTATIONS.
From time to time, we may make third party opinions, advice, statements, offers, or other third-party information or content available on the Site or services (“Third Party Content”). All Third-Party Content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE SITE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE
12. LIMITATION ON LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL COMPANY, ANY OF ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TO THE EXTENT REQUIRED BY APPLICABLE LAW.
IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO COMPANY FOR YOUR USE OF THE SITE AND/OR SERVICES.
In addition to any other method of termination or suspension provided for in these Terms and Conditions, Weblify reserves the right to terminate, change, suspend or discontinue any aspect of the Site or Services at any time. Further, you agree that Weblify shall not be liable to you or any third-party for any termination or suspension of your access to the Site or any part thereof, removal of Content. Any such termination, suspension or cancellation shall not affect any right or relief to which Weblify may be entitled at law or in equity. Upon any such termination, suspension or cancellation, you shall terminate all use of the Site, the Services, and any Content and you will not be entitled to any refund of any fees or other charges, if any, paid in connection with such use.
If any provision under these Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such an invalid or unenforceable provision shall be severed and shall not affect the validity and enforceability of the other valid and enforceable provisions
15. GOVERNING LAW
You agree that the Website does not give rise to personal jurisdiction over Weblify, either specific or general, in jurisdictions other than the laws of Australia. Any claim or dispute between you and Weblify that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in Australia. Those who do not choose to access the Weblify do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws
16. COPYRIGHT NOTICES
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
- your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at firstname.lastname@example.org
17. CONTACT US
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.