Terms and conditionsThis Services Agreement (the "Agreement") includes the terms and conditions which govern your subscription to web hosting, e-commerce, web development and other services advertised or offered by EdgeDesigns (the "Services"). As used in this Agreement, "our", "we" and "us" refers to EdgeDesigns; "Client", "you", or "your" refers to you, "Site" refers to a World Wide Web site, and "EdgeDesigns Sites" refers to the Sites located at the URLs http://www.EdgeDesigns.com.au/ . By ordering or using our Services, you acknowledge that you have read the Agreement and agree to its terms and conditions and all policies posted by EdgeDesigns. 1. Use of the servicesEdgeDesigns provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. 1.1 Client contentClient agrees not to distribute, electronically transmit or display any materials in connection with Client's use of the Services which:
1.2 Disk space and bandwidthIf the disk space or network bandwidth that is allocated to you by EdgeDesigns is exceeded, you agree to pay any additional fees and/or having the Service temporarily suspended. The rate for exceeding your bandwidth will be charged in increments of AU$1.50 for 200 megabytes of bandwidth. The rate for additional disk space will be charged in increments of AU$1.50 for 20 megabytes of disk space. These prices are subject to change without notice, and Client agrees to to pay any overuse charges at EdgeDesigns's latest rates. 1.3 Addon domainsPlease read this section carefully or you may incur further expenses. If you have any concerns then don't hesitate to contact us . Addon domains are the number of registered domain names that are usable for separate websites under your web hosting plan. If you decide to use any addon domains included with your web hosting account, there are specific usage requirements as follows: 1. Where a business name is provided for an account opened with EdgeDesigns; addon domains for attached web hosting services can only be used:
2. Where a business name is not provided for an account opened with EdgeDesigns; addon domains for attached web hosting services can only be used:
3. Unless EdgeDesigns has given prior permission, addon domains cannot :
These rules are enforced by EdgeDesigns, and anyone caught breaking them will risk additional charges and fees. Additional charges will be evaluated by taking the length of time each domain was wrongly hosted, and multiplying it by the monthly cost of a hosting plan considered most appropriate by EdgeDesigns for the domain name. A fifty dollar (AU$50) penalty fee will also apply for cases we consider deliberate. 1.4 No "SPAM"Client agrees they have read and agree with our UCE (SPAM) policy , agreeing not to use our Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at EdgeDesigns, or otherwise, that mentions or reference any domain hosted on EdgeDesigns servers or parked on EdgeDesigns DNS servers. Violators may have their services disabled without a refund and/or be charged. 1.5 Licensed software onlyClient agrees to use only properly licensed third party software in connection with Client's use of the Services. 1.6 Website backupsBackup copies are retained daily, weekly, and monthly. Weekly copies are usually made each Wednesday and overwrite the last weekly copy. Monthly copies are usually made in the middle of each month and overwrite the last monthly copy. Client will have the ability to re-instate files that have been backed up by EdgeDesigns; however, we do not guarantee the existence, accuracy, or regularity of our backup services. Client is directly responsible for backing up all databases and files in connection with their use of our Services. Backup capability is available through Client's Control Panel. 1.7 Unlimited hosting featuresSome web hosting services may be advertised as coming with an unlimited number of a particular feature. Such features include and are by no means limited to email accounts, databases, domains, FTP accounts, email auto-responders, email forwarders and mailing lists. By the term "unlimited" it is meant that EdgeDesigns places no restriction on that particular feature. While a client will likely never reach a limit, we do not warrant that a limit will not be reached due to software or hardware limitations. 1.8 TerminationEdgeDesigns reserves the right to refuse their Services to anyone. EdgeDesigns, in its sole discretion, may immediately terminate this Agreement if Client engages in any activity that breaks our policies. To report any unacceptable behavior by a third party using our Services, please report it us through our contact form . 2. Guarantees and refunds2.1 Money back guaranteeOnly advertised web hosting plans come with a money back guarantee, upon cancellation within the guarantee period of fifteen (15) days (inclusive of the 15th day) from when your first web hosting service was set up. This guarantee only applies to your first web hosting service and does not cover any other Service except web hosting. This guarantee expires if notification has not been received before the guarantee period. If a web hosting account is canceled within the guarantee period, but was set up in conjunction with other Services as part of a promotion; cancellation or termination of your web hosting will void the promotion offer and you will be charged the full costs for any other Services in the promotion. Refunds under our money back guarantee are subject to the same conditions as all other refunds (see Section 2.2 Refunds ). 2.2 RefundsClient is entitled to a refund for a Service where they have complied with the policies set out within this document, and a cancellation request has been sent as set out in Section 4 hereunder. A refund may not be given where Client is in breach of payment or any area of this and associated agreements, or if the Service is non-refundable. For Services that are charged on a monthly basis, no refunds are offered upon cancellation except where the cancellation is made within the money back guarantee period. If Client cancels a refundable service that has been pre-paid for one (1) year or longer with us, then Client is entitled to a refund of the total service costs in Australian currency after taking out the re-evaluated monthly cost of the service, a twenty-five dollar (AU$25) early cancellation fee, and any other unforeseen costs incurred by EdgeDesigns. The re-evaluated monthly cost will be based on the current rate and exclude any specials. If EdgeDesigns are for any reason unable to provide a service that has been paid for, then Client is entitled to a refund of their money. Amounts are refunded after taking out any expenses incurred by EdgeDesigns receiving and refunding a payment. EdgeDesigns is not responsible for a refund differing in amount to what was paid due to currency conversion rates. 2.3 Domain namesIf Client chooses to register a domain name(s) through EdgeDesigns, Client acknowledges and agrees that Client will pay the registration fee(s) to register the domain name(s) with the applicable domain name registrar. EdgeDesigns does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. 3. Service fees3.1 Service feesFees associated with all Services are to be paid in advance. Certain services may carry a set-up fee charged by EdgeDesigns to Client that must be paid by Client in order to have use of the Services. For Services requiring subscription payments, EdgeDesigns shall either (i) debit Client's credit card (where such information is provided by Client), or (ii) deliver by email an invoice to Client with the applicable Services fees that require payment. Where an invoice is sent to Client, it will be issued approximately ten (10) days before a payment is due. Client agrees to make payments on invoices issued by EdgeDesigns for Services, no later than the required payment due date on invoice. While EdgeDesigns will do everything possible to ensure the Client receives an invoice on time, responsibility of tracking and making periodic payments for services ultimately lies with the Client. EdgeDesigns shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to us. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to EdgeDesigns and agrees to pay any and all fees incurred. 3.2 TaxesClient will pay and indemnify and hold EdgeDesigns harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof. Client also agrees to cover expenses on a Service that may result due to taxes and similar fees now in force or enacted in the future that are imposed on the transaction and/or the delivery of Services. 4. Term, termination and reinstatementSubject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue to be in effect until termination of all Services. Either party have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must do so by sending a termination request through our contact form at least ten (10) days before the next monthly period to avoid additional charges. The termination request must include the client name, username, password and the details of the cancellation request. Client is responsible for removing all files from the server before the day for which the termination is requested. EdgeDesigns will not be held responsible for any files deleted or lost under any case. If EdgeDesigns suspends a Client's Service for non-payment, then a Client can re-instate their Service within five (5) days of suspension upon approval from EdgeDesigns and full payment of balances due. 5. Client liability and indemnificationThe parties agree that in no event shall EdgeDesigns be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless EdgeDesigns from any and all expenses, losses, liabilities, damages or third party claims resulting from Client. 6. Disclaimer of warrantyTHE SERVICES INCLUDING ANY PRODUCTS AND SERVICES DISPLAYED OR OFFERED BY EdgeDesigns, AND EdgeDesigns SITES INCLUDING ALL INFORMATION, TEXT, GRAPHICS, LINKS, APPLICATIONS OR OTHER ITEMS ON EdgeDesigns SITES, ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND. EdgeDesigns DISCLAIMS WITHOUT LIMITATION ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EdgeDesigns SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE ACCURACY OR COMPLETENESS OF INFORMATION, TEXT, GRAPHICS, LINKS, APPLICATIONS OR OTHER ITEMS ON EdgeDesigns SITES; (2) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (3) DEFECTS WILL BE CORRECTED; (4) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (5) SECURITY METHODS EMPLOYED WILL BE SUFFICIENT. 7. LiabilityEdgeDesigns DISCLAIMS ALL LIABILITY (INCLUDING WITHOUT LIMITATION, LIABILITY IN NEGLIGENCE) FOR ALL EXPENSES, LOSSES, DAMAGES AND COSTS YOU MIGHT INCUR RESULTING FROM THE LOSS OF DATA, OR INFORMATION PROVIDED BY US, OR USE OF EdgeDesigns SITES, OR USE OF EdgeDesigns SERVICES OR PRODUCTS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES. 8. Governing lawThis Agreement is made under, shall be governed by and construed in accordance with the laws of Queensland and Australia. The state and federal courts of Queensland, Australia, will have exclusive jurisdiction. 9. IntegrationThis Agreement (including any references to other policies) represents the entire agreement between Client and EdgeDesigns with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by EdgeDesigns. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. The Agreement, which includes all of EdgeDesigns's policies, is subject to change without notice. Continued usage of the Services after a change to this Agreement has been posted on EdgeDesigns's websites constitutes your acceptance of such change or policy. We encourage you to regularly check for any changes or additions. |