Website Builder Terms
17 WebBuilder Agreement
This entire clause 17 relates to the WebBuilder Product.
17.1 Representations by us
17.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
- Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 17.1.2;
- You can only expect Services in accordance with the terms of this Agreement, and
- In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 17.1.2, the terms of this Agreement shall prevail over the representations - and your expectations of the Service shall be limited to the representations in this Agreement.
- We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
- We estimate that we offer a large number of designs for Web & Mobile, on the basis of the combinations of available fonts, colours, graphics, backgrounds, etc. The estimate may include any number of designs which, with the exception of incremental differences, appear similar.
- With the eShop Shopping Cart, you can add unlimited products with shopping cart functionality and a secure PayPal plug into your Website Builder and start selling your products. Mastercard and Visa gateways are only provided through the PayPal plugin.
- Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service. Knowledge or experience from more than 3 years from the date of purchase may not be sufficient for this Service. Customers who read the FAQs and instruction manuals have found the Service easy to use.
- Our software automatically creates a mobile optimised HTML version of your website for devices such as iPhone and iPad which do not have Adobe Flash-enabled. However, flash-enabled devices will not require the optimised version. Some features and aspects of design in the optimised version may not appear like the flash version.
- We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
- This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
You expressly and irrevocably agree that:
- It is your responsibility to ensure that Services are utilized to their full potential;
- It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
- You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
- We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer you:
- An account credit; or
- A refund
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made.
- We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website.
- We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
- You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
- Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
- Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
- Your request for refund will be denied where:
- Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
- We believe you have breached your agreement with clause 17.1.1(a), (b) and (c) in any way;
- We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
- We believe the request is fraudulent.
- We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
- You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 16.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
17.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 17.2.1 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
17.3 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 17.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.