Terms Of Service

Rightway Web Design provides web hosting and website design to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of Rightway Web Design are subject to the following terms of service:

By ticking our terms and conditions known as a Electronic signature means that you agree to abide by our terms & conditions.

1. Indemnification Policy

You agree to use all Rightway Web Design services and facilities at your own risk. Rightway Web Design specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Rightway Web Design or its owners be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Rightway Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Rightway Web Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Rightway Web Design against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Rightway Web Design’s server.

Rightway Web Design reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Rightway Web Design’s server. Rightway Web Design shall be the sole judge of what violates this Policy.

2. Billing:

At this time we bill one off, monthly, quarterly, semi-annually and annually, depending upon the plan chosen.

We accept Visa, Master Card, American Express, Discover Card. For webhosting plans we will setup your account without any paying. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

3. Late Payments:

All accounts are billed according to the dates they were first activated on. A  onetime late payment fee of 10% or the maximum allowed by law, is payable on all overdue balances. All grants of any license to use or transfer ownership of any intellectual property rights under this Agreement are conditioned on full payment, including all outstanding Additional Costs, Expenses, Fees, or any other charges.

If you will not pay for service renew within 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days prior to deactivation to make necessary payment or backups.

4. Failure To Pay:

Failure to pay your account on time will result in either suspension or forfeiture of Association with Right way Web Design and loss of privileges and access to all Right way Web Design services and products.Your bank account may be debited for the amount owing to Right way Web Design with direct debits on overdue accounts incurring a fee of 10%, if your cash payment is not received by 2:00pm on the due date.

You acknowledge should this account default, Right way Web Design reserves the right to claim statutory interest allowed by legislation from the date of default and in the event of a direct debit default, a collection charge of $22.00 will apply. You Also acknowledge that should your account default, Right way Web Design at its discretion, reserves the right to refer the account to a licence Mercantile Agency for collection, and You agree to be responsible to meet all reasonable costs incurred in employing the said Mercantile Agent to collect the overdue amount.

You also agree to notify Right way Web Design in writing of any change in your address, bank account details, and/or your Regular income payment dates.

5. Down Payments & Deposits

We do not offer refunds once client hands over a deposit they have made a legally binding contract.
It doesn’t matter whether there is a written agreement or not, and you don’t need to have signed anything for the law to take hold.
The basic rule is that a deposit acts a surety for you entering into the contract and effectively guarantees that you will fulfil your side of the bargain.
Therefore, if you change your mind and pull out of the deal Rightway Web Design is entitled to keep your deposit to cover any loss during this period.

Failure to make the final payment on time will result in the product and/or services being automatically cancelled without notice.
Cancellation fees will be charged in accordance with the Cancellation Conditions.

 

6. Third Party or Client Page Modification:

Some Clients will desire to independently edit or update their web pages after completion of the site.

Note however, Rightway Web Design and its Developers is not responsible for any damage created by the Client or agent of the Client. Any repairs required will be assessed at an hourly rate of $___25__. [1 hour minimum charge].

 

7. Web Hosting:

The Client agrees to select a web hosting service that allows Right way Web Design full access to the web site and a cgi-bin directory via FTP and telnet. The Client further understands that if the web hosting service’s operating system is not a Unix system, standard CGI software may not work, and providing a substitute may incur additional charges.

8. Domain Names & Transfers:

The Client agrees that once a domain has transferred owners or details passed on by original owner it can not be transferred to another individual, entity or provider again for another 60 days.

Only New domains registered through Rightway Web Design are subjective to a 3 day cooling off period in which period you have a right to cancel or delete your domain.

9. Assignment of Projects:

Rightway Web Design reserves the right to assign certain subcontractors to projects to insure the right fit for the job as well as on-time completion. The Developer warrants all work completed by subcontractors for this project. When subcontracting is required, the Developer will only use industry recognized professionals.

10. Age:

Authorized representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract in the State of Queensland on behalf of the Client.

11. Terms & Termination:

This agreement shall begin immediately and shall continue until all Services are complete and delivered, or until the Agreement is Terminated. Either party may terminate this agreement at any time, on [7] days prior written notice if the other party breaches any of its material responsibilities or obligations under this Agreement and fails to cure that breach during that [14] day period. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, Client shall pay Rightway Web Design for the Services performed through the date of termination in the amount of a prorated portion of the fees due. Client shall pay all Expenses, Fees, and Additional Costs incurred through the date of termination.

12. Dispute Resolution:

Parties agree to attempt to resolve any dispute by negotiation between the parties. If parties are unable to resolve the dispute by negotiation, either party may start mediation and/or binding arbitration in a forum mutually agreed to by the parties. The prevailing party shall be entitled to recover its attorneys fees and costs in any dispute resolved by binding arbitration or litigation.

13. Rights Upon Termination of Agreement:

Rightway Web Design shall transfer, assign and make available to Client all property and materials in Rightway Web Design’s possession or subject to Developer’s control that are the property of Client, subject to payment in full of amounts due pursuant to this Agreement

Rightway Web Design also agrees to provide reasonable cooperation in arranging for the transfer or approval of third party’s interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.

In the event the Client terminates this contract by registered letter within 30 days, 10% of down payment will be refunded. Work completed shall be billed at the hourly rate stated in Appendix A, and deducted from 10% of the down payment, the balance of which shall be returned to the Client. If, at the time of the request for refund, work has been completed beyond the amount covered by the initial payment, the Client shall be liable to pay for all work completed at the hourly rate. No portion of this initial payment will be refunded unless a written application is made within 30 days of sale. Refund request must be submitted by registered letter to Rightway Web Design [Po.box 7447 GCMC 9726 Australia.]

 

14. Default:

In the event of any default of any material obligation by or owed by a party pursuant to this Agreement, then the other party may provide written notice of such default and if such default is not cured within ten (10) days of the written notice, then the non-defaulting party may terminate this Agreement.

15. Notices:

Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.

16. Laws Affecting Electronic Commerce:

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend RightwayWebDesign and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.

17. Refunds & Exchange:

By Australian law we are only required to provide a refund for faulty and/or missing items.

We do not provide refunds or exchanges for the following but not limited to: Domain Names, Websites, Services, E-books, Digital Products or Online Business. As our products are delivered electronically to recipient upon payment we do not provide refunds or exchanges due to the nature of the product and services RightwayWebDesign Offers.

18. Credit Cards, Fraud & Charge backs:

For our users and site security your ip address and location will be recorded during all transactions.
If for any reason your credit card company requests a charge back for any services or products purchased through rightway web design with a credit card used
directly or non directly through paypal will be subject to our dispute resolution process and collections through a mercantile collection agent, resulting in a possible default notice on your credit file and the ip address blocked from further using RightwayWebDesign and forwarded to the local authorities for further investigation.

19. Acceptable Use Policy:

All services provided by Rightway Web Design may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Rightway Web Design and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Rightway Web Design servers. This includes sites that include sexually explicit or hardcore images and/or advertising.

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.

Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.

20. Banned Scripts:

The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.

• IRC egg drops
• Proxy servers
• Mail bombers
• Anonymous mailers
• IP spoofers
• Port scanners
• Hivemail
• Telnet or SSH Access Scripts
• nph-proxy (and other scripts what operates like proxy)
• UBB (Ultimate Bulletin Board, all versions)
• lstmrge.cgi
• phpShell
• FormMail.cgi, FormMail.pl from Matt’s Script Archive are not allowed.

21. LIMITATION OF LIABILITY:

Rightway Web Design shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Rightway Web Design servers going off-line or being unavailable for any reason whatsoever. Furthermore, Rightway Web Design shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Rightway Web Design servers. All damages shall be limited to the immediate termination of service.

22. DISCLAIMER:

Rightway Web Design cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Rightway Web Design are resold. Thus, certain equipment, routing, software, and programming used by Rightway Web Design are not directly owned or written by Rightway Web Design. Moreover, Rightway Web Design holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Rightway Web Design sees fit. FURTHERMORE, Rightway Web Design retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

23. GENERAL

Modifications to this Agreement must be in writing and signed by both parties. Failure by either party to enforce any right or seek to remedy any breach under this Agreement shall not be construed as a waiver of such rights nor shall a waiver by either party of default in one or more instances be construed as constituting a continuing waiver or as a waiver of any other breach. All notices under this Agreement shall be given in writing either by: (a) Fax or Email, with return confirmation of receipt; (b) Certified or Registered mail, with return receipt requested.

Notice will be effective when received, or in the case of email or fax, on confirmation of registering at RightwayWebDesign.com. Rights or obligations under this Agreement shall not be transferred, assigned or encumbered without the prior written consent of the other party.

This Agreement shall be governed by the law of [Queensland]. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. Where possible the invalid or unenforceable provision shall be interpreted in such manner as to be effective and valid under applicable law. Headings and numbering used in this Agreement are for convenience and reference only and shall not affect the scope, meaning, intent or interpretation of this Agreement, and shall not have any legal effect. This Agreement is the entire understanding of the parties and supersedes all prior understandings and documents relating to the subject matter of this Agreement.

Last updated 25/01/2014

Email: Legalteam@RightwayWebDesign.com