Terms and Conditions

My Websites - Terms and Conditions of services and/or to My Websites other Program(s) and services.

My Websites ABN 76 463 839 808

By requesting services provided by My Websites and/or Shared Hosting Program, I confirm that I am willingly seeks the service of My Websites. Any contents given and instructed by me in the construction of my website is solely held responsible by me.

I accept that upon formally taken the service of My Websites. I have read and accepted the Terms and Conditions.

Terms and Conditions

These Terms and conditions are important and should be read before subscribing to My Websites services and/or
My Websites other program(s).

If you do not understand any of these Terms and conditions, you should seek clarification from the My Websites Team or your solicitor before you accept. Acceptance of these Terms and conditions commences a commercial relationship with My Websites.

By entering into a contract with My Websites, you have read, understand and have accepted the Terms and Conditions.

By continuing to access or use our services, you signify your acceptance of The Terms and Conditions. Unless agreed in writing by My Websites, any Terms and conditions proposed by you which are in addition to or which modify or conflict with these Terms and conditions of service are expressly rejected by My Websites and shall be of no force or effect.

You should read and understand these TERMS AND CONDITIONS before entering into any contracts with My Websites.

1. DEFINITIONS

My Websites – an internet website designer may provide service means. My Websites ABN 76 463 839 808.

My website(s) – pertaining to your (our customer/client) website(s).

Us and Our – as in and only members of My Websites staff and employees representing My Websites.

You and me – are My Websites client(s) or customer(s).

2. USER ASSENT TO TERMS AND CONDITIONS OF SERVICE

You represent that you have read and agree:

1. to be bound by the Terms and conditions of service ("TERMS") for www.mywebsites.com.au and My Websites ABN 76 463 839 808

2. to comply with Australian law regarding the transmission of any data obtained by you (as defined herein) in accordance with the TERMS;

3. not to use the service for illegal purposes; and

4. not to interfere with or disrupt networks connected to the service.

3. INTELLECTUAL PROPERTY

1. This Web site, including but not limited to text, content, photographs, video, audio and graphics (service), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of Australia and other countries.

2. The service is also protected as a collective work or compilation under Australian copyright laws and other laws and treaties. All individual articles, columns and other elements making up the service are also copyrighted works.

3. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the service.

4. RESTRICTIONS ON USE

1. You may not use the service for any illegal purpose or in any manner inconsistent with the TERMS.

2. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition. Unless attaining written permission from My Websites.

3. You agree not to use, transfer, distribute or dispose of any information contained in the service in any manner that could compete with the business of www.mywebsites.com.au and My Websites ABN 76 463 839 808

4. You acknowledge that the service has been developed, compiled, prepared, revised, selected and arranged by
My Websites and other (including information, sources and resources provided by you).

5. You agree to protect the proprietary rights of My Websites during and after the term of this agreement and to comply with all reasonable written and oral requests made by My Websites statutory and common law rights in the service.

6. You agree to notify My Websites in writing promptly upon becoming aware of any unauthorized access or use of the service by any party or of any claim that the service infringes upon any copyright, trademark or other contractual, statutory or common law rights.

5. LICENCE

1. You acquire absolutely no rights or licenses in or to the service or material unless My Websites has release its content upon payment.

2. Should you choose to download content from the service, you must do so in accordance with the TERMS or only with written consent from My Websites.

6. RIGHTS RESERVED

1. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the service (the Intellectual Property Rights) shall, as between you and My Websites, at all times be and remain the sole and exclusive My Websites. Unless otherwise released to you by My Websites.

2. All present and future rights in and title to the service (including the right to exploit the service and any deviation to the service over any present or future Policies) are reserved to My Websites for its exclusive use.

3. Except as specifically permitted by the Terms, you may not copy or make any use of our service and resource or any portion thereof.

4. Except as specifically permitted herein, trade dress, you shall not use the trademarks, trade names, service marks, logos or titles of My Websites or the names of any individual participant in, or contributor to or any variations or derivatives thereof, for any purpose, without My Websites prior written approval.

7. FEES AND PAYMENTS

1. My Websites requires a 25% prepaid fee (Deposit) for access following any projects of $500 or over.

2. My Websites charge a 5% fee for late payments of more than 7 working days.

3. Failing to pay invoice within 14 working days will result in having your website taken off our webspace (if you’re hosted with us).

8. REGISTRATION AND ACCOUNT ESTABLISHMENT

1. As part of the registration and account creation process necessary to obtain access to the Share Hosting Program, you will be designated a subscriber identification ID (in the form of but not limited to a name or URL) and a password.

2. You are aware that you will provide My Websites with certain registration information, for the registration of Share Hosting Program. All of which must be accurate and updated by you (also see clause 15 regarding privacy of personal information about you).

3. You are solely responsible for all usage or activity on your Hared account; including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your account, at My Websites sole discretion, and My Websites may refer you to appropriate law enforcement agencies.

4. Access to the subscribers’ services is provided after a nominated fee is paid.

5. You are responsible for all charges incurred up to the time the account is terminated - there are NO REFUNDS.

9. DISCLAIMER AND LIMITATION OF LIABILITY

1. You agree that your use of this service is at your sole risk and acknowledge that the service and anything contained therein, including, but not limited to, content, services, goods or advertisements "AS IS" and that, to the maximum extent permitted by law, My Websites makes no warranty of any kind, express or implied, as to the items, including but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use.

2. My Websites does not warrant that the Shared Hosting and/or other services is compatible with your equipment or that the service is free of errors or viruses, worms, 'key loggers' or 'Trojan horses' and is not liable for any damage you may suffer as a result of such destructive features.

3. You agree that My Websites, its Suppliers and its third-party agents shall have no responsibility or liability for:

3a. any injury or damages, whether caused by the negligence of My Websites, its employees, subcontractors, agents, suppliers or otherwise arising in connection with the service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against My Websites by any other party; or

3b. any fault, inaccuracy, omission, delay or any other failure in the service caused by your computer equipment or arising from your use of the service on such equipment.

3c. the content of other Web sites, services, goods or advertisements that may be linked to the service is not maintained or controlled by My Websites. My Websites is therefore not responsible for the availability, content or accuracy of other Web sites, services or goods that may be linked to, or advertised on this site.

4. My Websites does not:

4a. make any warranty, express or implied, with respect to the use of the links provided on, or to, the service;

4b. guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods or advertisements that may be linked to the service; or

4c. make any endorsement, express or implied, of any other Web sites, services, goods or advertisements that may be linked to the service.

5. You understand that My Websites and/or third-party contributors to the service may choose at any time to inhibit or prohibit their content from being accessed under the Terms.

6. Under no circumstances, including but not limited to negligence, shall My Websites, its Suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages arising from use of or inability to use the service or any links or items on the service or any provision of the Terms, such as, but not limited to, loss of revenue or anticipated profits or lost business.

7. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall My Websites accept or be responsible for any liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this service.

8. You acknowledge that;

9a. the service is provided for information purposes, and advice (if any) is general advice, not personal advice (see clause 10);

9b. My Websites does not guarantee the sequence, accuracy, completeness or timeliness of the service; and

9c. the provision of certain parts of the service is subject to the Terms and conditions of other agreements to which My Websites is a party.

9. Accordingly, to the maximum extent permitted by law, My Websites, its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for:

10a. any inaccuracies or errors in or omissions from the service including, but not limited to, quotes and data contain in the website;

10b. any delays, errors or interruptions in the transmission or delivery of the service; or

10c. any loss or damage arising there from, occasioned thereby or by any reason of non-performance.

10. ADVICE IS LIMITED TO GENERAL ADVICE

10a. You acknowledge that the recommendation from My Website is based solely on technical analysis and personal experience of your project manager. As a consequence, you acknowledge that before acting on any recommendations you should consider the appropriateness of it or seek further advice on its appropriateness. You further acknowledge that
My Websites shall not be available to assist with advice on personal appropriateness.

10b. If you receive advice from My Websites in relation to your website development you acknowledge that ultimately you are the one whom gives My Website the orders instructions, material and resources. Hence you are liable for the contents of you developing website, resulted and published website.

11. PROHIBITED MARKET CONDUCT

You acknowledge that all your market dealings must comply with those parts of the Corporations Act 2001 and you agree that you shall not engage in conduct prohibited e.g. misleading or deceptive conduct or conduct likely to mislead or deceive.

12. EXECUTION AND SETTLEMENT OF TRANSACTIONS

1. You acknowledge that to enter into transactions requires you to make appropriate arrangements with My Websites with the type of instructions you wish to give and the style of business you wish to transact. My Websites is in no way responsible or liable for your instructions.

2. You acknowledge My Websites has no role or involvement in the transaction that your business or agreement post releases of your website into your ownership. Unless otherwise specified via additional written agreement.

3. You acknowledge that your ability to execute transactions will be subject to your sole liability on completion of your website. You also acknowledge that the market making and dealing practices on derivatives markets may restrict your ability to transact.

13. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

1. you have the power and authority to enter into this agreement;

2. you are at least eighteen (18) years old;

3. you shall not use any rights granted hereunder for any unlawful purpose; and

4. you shall use the service as set forth in these TERMS.

14. INDEMNIFICATION

1. You agree, at your own expense, to indemnify, defend and hold harmless My Websites and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against My Websites, its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against My Websites, its employees, representatives, Suppliers and agents is based on or arises in connection with the service, or any links on the service, including, but not limited to:

1a. your use or someone using your computer's use of the service;

1b. your use or someone using your account, where applicable;

1c. a violation of the Terms by you or anyone using your computer (or account, where applicable)

1d. a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;

1e. any deletions, additions, insertions or alterations to, or any unauthorized use of, the service by you or someone using your computer (or account, where applicable);

1f. any misrepresentation or breach of representation or warranty made by you contained herein; or

1g. any breach of any covenant or agreement to be performed by you hereunder.

2. You agree to pay any and all costs, damages and expenses, including, but not limited to, a lawyer's reasonable fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, and action or proceeding attributable to any such claim.

15. PRIVACY STATEMENT ACKNOWLEDGEMENT

1. My Websites and its associates are committed to protecting and maintaining the privacy, accuracy and security of your personal information. The personal information you provide and that we collect is handled in accordance and will not be given, sold to a third party without your written consent.

2. Your personal information will be used for establishing and maintaining your account as a client, the purpose for which it is intended. Unless required by law, or regulation, your personal information will not be passed on to any third-party without your consent.

3. Your personal information is stored securely and is available for you to review and update as necessary.

16. COMPLAINTS

If you are dissatisfied with the service and wish to make a complaint, contact us via email at info@mywebsites.com.au.

17. VARIATION

You acknowledge that My Websites may revise or vary this agreement by giving not less than five(5) business days notice to you, but variation will not affect any rights and obligations which remain undischarged prior to the variation. You also acknowledge that variation at your instigation must be agreed in writing and signed by you and My Websites before coming into effect.

18. TERMINATION

At its own discretion, My Websites may terminate the access to its web site and services if it reasonably believes that any of the Terms has been breached, without refund.

19. GOVERNING LAW

1. These TERMS shall be governed and construed in accordance with the laws of New South Wales, Australia, without giving effect to conflicts-of-law principles thereof.

2. You agree to submit to the personal jurisdiction of the courts located in Sydney with respect to any legal proceedings that may arise in connection with the service or from a dispute as to the interpretation or breach of the TERMS.

20. MISCELLANEOUS

1. You accept that My Websites has the right to change the content or technical specifications of any aspect of the service at any time at My Websites's sole discretion.

2. You further accept that such changes may result in you being unable to access the service till otherwise advised.

21. SEVERABILITY

If any provision of the Terms is found invalid or unenforceable. That provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in force.

For further queries contact us via email at info@mywebsites.com.au.