These are the general terms and conditions of supply of the Affordable Website (hereafter “Affordable Website”) products and services. Please read these terms and conditions carefully. These terms and conditions apply to any or all of the products and/or services provided by Affordable Website to you from time to time.

Affordable Website Products and Services

The Affordable Website products and services include domain name registration and renewal, web development, web design, database development, web site hosting, email services, spam filtering and virus protection, Internet Access, Search Engine Optimisation, Online marketing, advertising on Affordable Website portals, and Google Adwords

Domain Name Services

Domain Name

Domain name registration / renewal includes Pegasus Corporation fees which are valid for 1 year unless otherwise stated. The registering body sets Terms and Conditions for Domain Registration. It is ultimately the customer’s responsibility for maintaining their own domain name/s and Affordable Website cannot be held liable for losing ownership of the domain name, or loss of services due to expired domain name(s).

Payment of Domain Registration and Renewal Fees

All Registration and Renewal Fees are payable in full in advance and are non refundable. Affordable Website can never guarantee that your domain name registration application will be successful. If your domain name has expired or is close to the expiration date or if the registrar of your domain name is not Pegasus Corporation Pty Ltd additional charges may apply to renew the domain name.

By submitting any application for a domain name to Affordable Website, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way.  If any the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name. Any costs and renewal fees associated by asking Affordable Website to manage the domain on your behalf will be charged according to Affordable Website’s renewal fees.

Website Development

Web Site Implementation / Design

All costs quoted are approximate only based on Affordable Website’s understanding of the requirements as outlined in communications between the customer and Affordable Website. Times and fees may vary due to items such as inconsistent data / database structures, inconsistent image format and quality, client changes etc. The customer will be charged for additional costs incurred by Affordable Website due to unforeseen / unspecified circumstances. The customer is to pay for any completed work in full before any new jobs commence. If the customer destroys or tampers with the original website and requires fixing then Affordable Website shall repair or re-instate the website at the Affordable Website standard hourly rate. Affordable Website’s assessment of allocation of Design and Development and Customer Support hours are final and not open to discussion or negotiation.

Casual Orders

Casual Orders is whereby a client has already signed the option for submitting small orders via email, fax or postal, and pre-selecting an automatic Direct Debit Payment Method. The Web Site Implementation / Design section above applies herein.

Web Development Pre-payment

For any development and / or custom web design work to commence, payment of the FULL amount of the quoted total is required on Submitting your information via the 5 step process . The balance is payable 48 hours thereafter or upon completion of the your account setup (whichever is sooner) unless otherwise agreed. Any deadlines or completion dates mentioned in any web development proposal or development agreement are indicative only and to be used as a guideline for progress.

Web Site Ownership

All web site development, design and copywriting by Affordable Website on behalf of a “customer” remain the property of the “customer” at all times once full payment has been received.

Website Development Hours

Website Development and design hours including marketing packages, are valid for a period of 2 months from the date of purchase.

All Web sites designed and developed are optimised for viewing in `Internet Explorer 6` or higher on PC or IBM compatible platforms unless otherwise specified. Unless otherwise stated Affordable Website will develop your website using our proprietary software 5 Easy Website Steps for Affordable Budgets. Content such as images, text and product information is able to be transferred, however any software applications including, but not limited to the 5 easy steps, shopping cart software, etc. are not able to be transferred to another provider. Only custom developed applications using PHP and MySQL databases are able to be copied and supplied to the client.

Web Hosting / Internet Access

Web Hosting Fees

Web Hosting costs generated by the Web site and/or Email will be invoiced in advance and are payable 14 days from the invoice date. Extra Data Traffic costs are invoiced in arrears and are payable 14 days after the invoice date. Failure of payment will result in suspension of account.

Web Hosting, Email and Internet Access Services

You agree that you are solely responsible for the back-up of your data, and any other files (including, without limitation, email files, Website Data and order information, your website content including product information, images, text, documents).

You agree that Affordable Website or Affordable Website’s third party service providers may be required to perform maintenance to maintain the continuous operation of the services, which may affect the operation or functioning of Affordable Website’s services. We will attempt to provide you with notice of the maintenance downtime, except when circumstances beyond the control of Affordable Website prevent us from doing so.

Email Accounts

Acceptable Use for emails with respect to email traffic and email storage is defined as, business emails for promoting and providing information on their products and services and notifications of a business nature within the business and entities whom which the business deals with. To ensure that Affordable Website can supply the best possible service including a limiting of spamming and viruses, bulk mail outs and large data carrying emails, there are acceptable sending limits per email account in any one period. This will take into account acceptable limits relating to number of emails and number of recipients.

A disk quota limit of 20Mb per email account is allowed. If the disk quota is exceeded for a period of time, Affordable Website reserves the right to notify the customer to reduce the amount of data stored and the customer shall oblige.

Online Marketing

Linking to Search Engines

Affordable Website cannot guarantee your Web site and or Web pages will be accepted and listed within the search engines. Affordable Website submits your listing to major FREE search engines unless specifically stated otherwise.

Affordable Website will try to improve the position of your Web Site in the Search Engine results in response to any search request, however Affordable Website does not warrant that this effort is in any way guaranteed. Affordable Website cannot be held responsible for any changes to the position of your Web Site in the Search Engines results, as a consequence of any work Affordable Website has performed on or for your website.

Billing and Payment

Correspondence Email Accounts

It is your responsibility to ensure that you check and ensure that you are receiving Affordable Website correspondence email in the email address that you supplied to Affordable Website in the Client Agreement Form as this would be the primary method of communication between you and Affordable Website. It is your responsibility to clear out your Junk Mail folder and check for any Affordable Website correspondence. By not checking your email account does not disclaim you from paying your invoice outstanding amounts. Affordable Website is not responsible for checking your email accounts.

Payment of Setup Fees

All Setup Fees are payable in full in advance unless otherwise stated.

If you elect to pay by credit card, Affordable Website reserves the right to charge a payment processing fee which may vary from 2.00% to 4.25% depending on the credit card used, plus any applicable GST.

Invoicing of Ongoing Fees

Invoices for ongoing fees are delivered electronically via email notification. Invoices sent other than electronically, will incur a surcharge of $5.00 (excl. GST) per invoice issued, with the exception of any initial setup fee invoices.

If the customer has agreed on the Automatic Direct Debit Payment Method, it is the customer’s responsibility to ensure that sufficient funds are available in order to avoid dishonoured transaction fees. The customer is also responsible to provide Affordable Website with valid Credit Card details and Direct Debit Bank Account Details and keep their details up to date. The customer shall be charged a Declined fee for any transaction that returns as unsuccessful or declined.

Declined Fee

The customer shall be charged for a Declined Fee of $18.00(incl GST) for any transaction incurring non-payment/declined status, including but not limited to, Direct Debit Credit Card and Direct Debit Accounts.

Recovery of Fees

You agree that in the event of any action being taken by Affordable Website to recover any overdue amount due to it under these terms and conditions, any Affordable Website Order forms, including but not limited to, the Affordable Website development agreement, online marketing agreement, ADSL agreement or hosting agreement, any costs incurred by Affordable Website in recovering the debt including, without limitation, any legal expenses, collection agency charges or any other reasonable associated costs incurred by Affordable Website are payable by you to Affordable Website.

Reconnection Fee

A Reconnection Fee of $79.50 (incl GST) shall be charged for Affordable Website to reconnect any previously deactivated services due to non-payment of account by the due date.

Post-Debt Collector Accounts

If your account has been in the care of Affordable Website’s Debt Collector Agency resulting in the outstanding amounts being settled and you still require Affordable Website’s products and services then you will be required to commit to Affordable Website’s Automatic Direct Debit Agreement in order for Affordable Website to service you further. Affordable Website reserves the right to refuse to provide any service to the customer who had/has a post-debt collector account without providing reason to the customer.

Suspension of Account

Failure of payment by the due date for any invoice shall result in de-activation of client website, email and internet access services. A reconnection fee shall be charged to re-activate those services.

Warranty

In respect of any services which are directly attributable to Affordable Website to the extent that such services are provided by Affordable Website or supplied by third parties, Affordable Website warrants that it will use its best endeavours to ensure that such services are provided with due care and skill.

However, you acknowledge to, and agree with, Affordable Website, that nothing in these terms or conditions or any agreement with Affordable Website shall constitute an express or implied warranty or guarantee by any employee, agent, reseller of Affordable Website or its third party service providers:

1. that the Services will be uninterrupted, error free or not subject to delays (technical or otherwise)
2. that the Services will be free from external intruders (hackers), virus or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of Affordable Website or its third party suppliers
3. concerning the results or success that may be obtained from the use of the Services
4. concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services
5. that our virus protection services will stop every virus from reaching your computer network.

You warrant to Affordable Website that you will only use your assigned services including, but not limited to, you’re Web Site, email and Internet access for lawful purposes. You further warrant and undertake to us that, you will not, nor will you authorise or permit any other person to, use our servers and equipment in violation of any law or regulation, recklessly post or link to or transmit any material that is unlawful or otherwise objectionable in any way, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction.

Affordable Website is not responsible or liable to return any material received from customers.

General

Affordable Website reserves the right to change these Terms and Conditions without notice to the Client. It is the responsibility of the Client to review Affordable Website’s Web site periodically to ascertain whether these Terms and Conditions have changed. The amended Terms and Conditions will become effective as soon as they are posted on Affordable Website’s Web site, following which, if the Client continues to use the service, the Client is deemed to have agreed to be bound by those amendments.

Quotation Expiry Date

Any quotations(except casual orders), proposals, or applications made and sent by Affordable Website are valid for only seven(7) days from the quotation date or from the date the client received them, whichever comes earlier. Each quote is dependent on the supply of all informative content and graphics in an electronic format (i.e. Microsoft Word, Excel etc.) unless otherwise stated. Licences or payments for third party software or goods are not included unless specifically specified.

Termination of Services

The customer may, at any time, terminate any service by providing Affordable Website with one(1) month prior notification in writing for disconnection or cancellation of service/s. All costs incurred up until this notification is received will be charged as outlined in this Agreement. Any Hosting fees, email marketing Fees, ADSL, ADSL2+, Line Rental or services paid in advance for that service which is being cancelled shall be forfeited. The customer needs to request for Deletion or closure of client accounts in writing and the client account must be fully paid with no outstanding amounts owing.

Affordable Website can, without the need to give any reason, terminate all services by providing the customer 30 days notice in writing via the agreed upon correspondence method, i.e. email or postal system.

Passwords

You agree to keep your password and log-in details secure at all times, these include your email, website, Internet Access and Affordable Website username and passwords. You also agree to be responsible for when your account with Affordable Website is used and the actions people take using your services.

Upgrade to Services

You agree that Affordable Website or its third party service providers may from time to time add, remove or vary any software with respect to the service/s, or otherwise add, remove or vary any functionality with respect to the Service/s.

You hereby consent to these changes that may be undertaken by Affordable Website or its third party service providers from time to time. Affordable Website will use all reasonable commercial endeavours to provide you with 30 days’ notice of any change to services that would constitute a non-backwards compatible change.

Limitation of Liability

You agree that neither Affordable Website nor its third party providers shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Affordable Website or its third party providers (as the case may be) has been advised of the possibility of such damages.

Affordable Website will not be liable in any way for your Content that is posted or linked to on your website or email, or loss of any of your Content or files (including, without limitation, email files) transferred either to or from you or stored or backed-up by you or any of your customers via the Services and/or any damage to or loss to your Content as a result of any request by you.

Affordable Website accepts no further responsibility for damages caused to customers other than to the value of payments made by the customer to Affordable Website in the preceding 12 months for that particular service.

Affordable Website also bears no responsibility for third party services.

Please review our Privacy Statement for full details of our use of personal data.