The following are the terms and conditions that apply to all Websites at Work website and services.
We, or Websites at Work means Websites at Work (also trading as Weft Web) and any agents, contractors or employees of Websites at Work.
You means you, the clients who has requested Websites at Work services and your employees, agents and any other person who uses your account, login or password, with or without your authorisation.
Contract or Agreement means any agreement for Websites at Work to supply products and/or services to you.
Late Payments - All fees and payments must be received by us within 30 days of the payment falling due.
Hosting and support fees are payable monthly in advance. If payment is not received within 30 days of falling due, public access and your access to the website will be terminated without notice.
Website development fees may be paid either on completion or (by agreement) in twelve monthly payments beginning with the first payment invoiced when work begins. If payment is not received within 30 days of falling due, both public access and your access to the website will be terminated without notice.
Materials - Images and other graphics, data or material are to be provided by you in a format that we specify as suitable for incorporation in your website. If material is not provided in a suitable format we will bill you for the additional work this causes at our normal hourly rate, as posted on our website.
Maintenance - We reserve the right to monitor the information on our systems for optimisation and error correction.
Cancellation - If you cancel our service within the first twelve months, you will be liable for the balance of the website development fee. Once the website development fee is paid in full you can cancel our service at any time, and will only be liable for fees until the end of the month in which we receive the cancellation advice. We may cancel or suspend our service at any time without notice and without any liability to you.
Liability - We are not liable (whether in contract or tort) to you for any loss or damage, including consequential damage and loss of profits, caused directly or indirectly from the provision of services supplied by us. In the event that any limitation in this provision is held to be invalid, any liability on our part shall be limited to the value of contract price.
Warranties - We will use our best endeavours to provide continuity of service but we are not liable to you for compensation of any kind, for any disruption of the service whether caused through our fault or otherwise. We make no warranty or representation as to the suitability of Websites at Work products for your purposes. You enter into this agreement reliant solely upon your own judgement.
Off line - If a Websites at Work website is not available for a continuous period of 24 hours, we will on your request, credit you with the portion of the fee that pertains to such period. Credit of fees will not apply where the disruption to the website was caused by your own actions.
Alterations - We are entitled at any time and without prior notice or liability to you, to alter the Websites at Work software or service in the course of its ongoing development.
Ownership – On complete payment for website development, ownership of the website including special features and use of the content management system is transferred to you, subject to the following conditions. Websites at Work retains copyright in all code written by us. Sale of the website or transfer of ownership is explicitly allowed. However, none of the technology may be resold separate to the website, nor may any of the technology be used to create additional websites outside the scope of the original project for which payment was made.
Intellectual Property – Once the full website development fee for your website has been received by us, we will assign the copyright of the content produced by us (including graphical design) to you. The intellectual property rights contained in the technology we develop and use to implement your website are at all times retained by us and you may not sell, lease or lend the technology to any third party without our permission, except insofar as this technology is sold as part of this website with these conditions intact.
Content – You own and are responsible for all content, including databases collected online through the website. It is your responsibility to ensure that all data, content and actions taken by your website systems comply with relevant laws.
Force Majeure - We shall not be liable for any failure or delay in performance under this agreement where such failure or delay is caused by matters beyond our control.
Assignment - You may not transfer or assign your rights under this agreement.
Prohibited Content/Use
Adult Material of any sort, including links to adult websites, is strictly prohibited. "Adult Material" is defined as pornography, nudity and sex-related merchandising.
MP3 files are strictly forbidden from our servers.
Information promoting illegal activities, including, but not limited to, warez, hacking, serial numbers, cracks or information which violates any local, state, territory or Commonwealth of Australia law, including export restrictions is prohibited.
Websites whose primary purpose is file distribution or mirroring another website are prohibited.
Links to adult websites, warez websites or hacking websites are prohibited.
Sending unsolicited e-mail or "spam" through our mail servers is prohibited. This includes promoting a website hosted with us through unsolicited bulk e-mail, regardless of whether or not the unsolicited e-mail is sent through our mail servers.
Websites found in violation of this policy are subject to access termination without notice.
Copyright material - Materials distributed on your website cannot infringe on the copyright of another. This especially includes distributing copyright software or "warez", also known as pirated software, MP3 files which can include copyrighted music, and Emulators/ROMs. Please ensure that your website consists of your own work and that the contents do not infringe on another's copyright.
Variation of Fees - We reserve the right to vary the hosting and support fees at any time.
Governing Law - This agreement is governed by and shall be construed in accordance with the laws of Australia and of the Australian Capital Territory.