Aboriginal Care Australia’s primary objective is to value and support our clients wherever, whenever and however possible. Our management and staff will provide the highest level of attention and dedication to all of our clients (subscribers, customers).
In pursuit of our primary objective, Aboriginal Care Australia’s agrees to deliver the agreed upon services, as declared in the “Initial customer consultation meeting” & purchase confirmation reciept/invoice, subject to the following Terms & Conditions (hereafter referred to as TC).
In addition, the use of Aboriginal Care Australia’s service(s) by a subscriber constitutes an unconditional acceptance of and agreement to Aboriginal Care Australia’s TC. Aboriginal Care Australia reserves the right to change or modify the TC at any time without notice by posting on our web site the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your agreement with our terms; therefore, it is your responsibility to review the TC regularly.
1. Web Design Services
A. Ordering and Planning Process
Immediately after the completion of the ordering process 100% payment is required before the commencement of the project unless other terms have been agreed to. The customer is responsible for providing the text, logos and requirements for the basic look and feel of the website. The customer’s quick responsiveness is mandatory at all stages of the project, but particularly during the planning process. Failure to provide all required information within the specified timeframes will result in a delay or cancellation of the project. If and how much of a refund will be issued depends on the amount of work already completed and is at the sole discretion of Aboriginal Care Australia as defined further below.
B. Revision Process
Each web-site desgn package comes with a certain number of total revisions. As soon as Aboriginal Care Australia provides a design and project update the customer must respond within three business days with all necessary feedback and corrections. If the customer does not respond within the specified timeframe it will be assumed that the suggested design and changes were accepted and approved so the work may progress further towards finalization.
C. Approval Process
During the project development process Aboriginal Care Australia provides regular design and project updates. While Aboriginal Care Australia performs its own testing of the entire website and functionality, the final responsibility lies with the customer to ensure that the modules and the complete project has been tested for any deficiencies or errors and to confirm that the site is operating as originally intended. It is expected that the customer responds with any feedback and corrections within the timelines specified with every update, to ensure that the project can be completed on time. If the customer does not respond within seven business days (unless pre-agreed) upon delivery of the website’s final version, it will be assumed that the work is accepted and the completion of the project approved. Any further changes must be requested in the form of maintenance for the existing website.
D. Refund Policy
For all projects a consolidated brief must be submitted that contains all requested information before starting the project. If the customer fails to submit the required information within 30 days of making the payment Aboriginal Care Australia may decide to consider the project inactive and not proceed with its implementation.
If an order is cancelled within 14 days of making the payment and before any work has been done, we will refund 75% of the payment. If the work has already begun the maximum refund will be 50% of the payment. There will be no refund if more than 50% of the work has been completed. Under special circumstances Aboriginal Care Australia reserves the right to negotiate and refund an appropriate portion of the amount paid by the customer.
Aboriginal Care Australia is not liable for any damages that arise from misinformation or misrepresentation under any circumstances.
E. Ownership and Copyright
Upon final payment and approval of the completed website design project, our client becomes the owner of the website. He is free to take his site to another developer or host with another company. Please note that all the content on the customer’s website is the sole responsibility of its respective owner. Aboriginal Care Australia is not responsible or liable for any copyright or trademark claims regarding third party logos, trademarks or names used on the website. They are the property and responsibility of the respective owners. The customer agrees that Aboriginal Care Australia may use the created website in its portfolio to showcase completed work to prospective customers and for its own marketing purposes such as, but not limited to, newsletters.
2. Web-Site Maintanace & Updating Services
All updates & changes to a clients web-site or e-mail service will be charged on a per hour basis. A minimum charge of one hour is to be paid for any work requested by client to be update or changed on the clients web-site or e-mail service.
Full payment for updated or changes made to clients web-site or e-mail service are to be paid on completion of the requested work or receipt of e-mail invoice from Aboriginal Care Australia. Unless other terms have been agreed to in writing from Aboriginal Care Australia.
B. Failure to Pay
Aboriginal Care Australia may temporarily suspend, deny or terminate clients services upon the failure of the client to pay the charges when due. Such suspention, termination or denial will not relieve the subscriber of responsibility for the payment of all accrued charges and any collection fees.
3. Domain Registrations
Upon becoming a domain customer of Aboriginal Care Australia, you will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion within that amount of time, your registration will expire and we may, at our sole discretion, elect to assume the registration and hold it for our own account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service. This default page may also feature advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply. During this grace period, we may elect to post a parked page and/or revise the “Whois” registration records to include our information. The domain name may also be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during the grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
4. 99.9% Uptime Guarantee
Aboriginal Care Australia guarantees that your website will be up and running at least 99.9% of the time during any 12-month period. This guarantee includes network uptime, server uptime, web server and service uptime. It does not cover any areas where Aboriginal Care Australia has no direct influence, such as backbone provider failures, fibre-optic main line cuts, DNS or Registrar issues with subscriber’s domain name, routing issues between subscriber location and Aboriginal Care Australia data center. The uptime guarantee is also not applicable if the service interruption was caused by external issues such as Acts of God, Wars or any other natural or unnatural events that Aboriginal Care Australia cannot directly influence.
5. Use of Website
A. Prohibition of Adult Content
Subscribers of Aboriginal Care Australia’s services are prohibited from storing or posting adult content, or links to adult content, through the subscribed service. All material of pornographic nature is considered adult content. Online image galleries whose primary purpose is the public display of fine art or artistic mediums are not considered to be adult content.
B. Prohibition of Offensive Behavior
Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice.
C. Age Requirements on Purchases
All subscribers must be of adult age in the subscribers’ jurisdiction to make purchases on this site. Parents or guardians of minors may make purchases on behalf of their minor children/wards but are solely responsible for the direct supervision of their children/wards while their minors visit the site or use any of the tools or services that the site provides.
D. Intellectual Property Provisions
Subscribers of Aboriginal Care Australia’s services are prohibited from storing or posting content or links to content that infringe, or otherwise violate the intellectual property rights of third parties (e.g. trademark, patent or copyright infringements).
All content provided within or via this site is protected by Australian and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this Site may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of the content owner.
6. Subscriber Acknowledgement
Subscriber acknowledges that the service provided is of such a nature that the service can be interrupted for many reasons other than the negligence of Aboriginal Care Australia and that damages resulting from any interruption of service are impossible to ascertain. Therefore, subscriber agrees that Aboriginal Care Australia shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Aboriginal Care Australia. Subscriber further acknowledges that the Aboriginal Care Australia’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 Aboriginal Care Australia be liable for any special or consequential damages, loss or injury.
7. Suspension of Service or Cancellation
Aboriginal Care Australia reserves the right to suspend network access to any subscriber if in the judgment of Aboriginal Care Australia, the subscriber’s account is the source or target of a violation of any of the terms of the TC, or for any other reason which Aboriginal Care Australia deems necessary.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until our investigation is complete. Multiple violations of the TC will result in permanent suspension of the account without refund of any fee. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer’s ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber’s machines were suspended if the subscriber is found to be at fault. The subscriber is also responsible for maintaining a backup of his current data at all times and no backups will be provided.
8. Data Integrity
The subscriber is responsible for keeping a complete and current copy of their website files as a backup on a remote system (not solely on Aboriginal Care Australia servers).
Aboriginal Care Australia is NOT RESPONSIBLE for any lost files, information or data.
Aboriginal Care Australia makes regular internal backups of internal system configurations and databases. These backups are NOT intended for keeping backups of subscriber websites.
Although Aboriginal Care Australia backups may include subscriber sites and information for disaster recovery purposes, these backups are not to be relied on by the subscriber.