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Welcome to BuildAWebsiteTonight's Hosting, Website & Support Terms & Conditions.


Thank you for joining our list of valued Clients.  Please read this information carefully, print the last page, sign and fax back to us [details appear at the end of the document] before you make your payment.  We look forward to a long and happy business relationship with you.

 

HOSTING/SERVICE TERMS & CONDITIONS

  1. The Customer wishes to use the Hosted Service as described by the BuildAWebsiteTonight Service Levels & Pricing information.
  2. BuildAWebsiteTonight has offered to provide the Hosted Service to the Customer in accordance with the terms and conditions outlined in this Agreement. Your use of the BuildAWebsiteTonight hosting and website services indicates your agreement to be bound by these terms of service. Any reference in this agreement to you, your, yours is a reference to the Customer. Any reference to we, us, our or ours is a reference to BuildAWebsiteTonight.
  • User Conduct : You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service including but not limited to the prevention of hosting of offensive, racist or discriminatory material on your web site.
  • Terms of Payment : BuildAWebsiteTonight agrees to provide the Hosted Service, and You agree to pay BuildAWebsiteTonight the Price for the services received from BuildAWebsiteTonight in accordance with BuildAWebsiteTonight’s standard payment terms which are payment 1 year in advance commencing on the date of commencement of this Agreement. Payment may be via credit card payment online, direct debit, bank cheque, or Money Order. In the event of non-payment by the due date, BuildAWebsiteTonight may terminate this agreement and return your content to you on CDROM. BuildAWebsiteTonight reserves the right to vary its standard prices at any time and will provide 30 days notice of any price alteration. All payments are to be made in Australian currency. BuildAWebsiteTonight will pass on the cost of bank processing fees associated for any dishonoured cheque payments.
  • Domain Name Renewals : Please note that if your domain renewal isn't paid on time, you have a maximum of 30 days in which to pay it, but your website will no longer appear online unless it is paid. If you do not renew within 30 days, the domain name enters a Redemption Period - you have a further 30 days in which to retrieve your domain name, but to do so will now incur a fee of $US70.00 [this fee is not imposed by our company, but is imposed by the governing body for internet domain names].
  • Backup of Web Site Content : You are responsible for keeping a copy of your most current web site files as backup on your own computer system. If any loss of data occurs BuildAWebsiteTonight will not be able to recover the data from the server. [Please contact us if you would us to provide a backup on CD. Fees apply.]
  • Uptime Guarantee : BuildAWebsiteTonight guarantees the service will be available 99.9% of the time in any month for a "99.9% Uptime Guarantee" to any of our Customers in good financial standing. This uptime guarantee does not relate to speed of page delivery, or page loading which may be affected by the customer’s internet connection speed or other factors.
  • Termination : BuildAWebsiteTonight may terminate this agreement at any time by providing the Customer with 30 days notice. In this case, BuildAWebsiteTonight will return to the customer all Customer Files on CDROM. You may terminate this Agreement at any time by providing 30 days notice to BuildAWebsiteTonight.
  • Governing Law : NSW [Australian] law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws.
  • Credit Card Storage : If you choose to store credit card information on your website, you do so at your own risk.
  • Creation of Web Application Customisations : Any modifications of the Content Management System [CMS] or any other open source product made by BuildAWebsiteTonight on behalf of your business are performed under contract in the name of your business. The intellectual property of these modifications shall be owned by your business but created under the terms of the GNU public license ("GPL"). This entitles the customer to exclusive use of these software modifications for any business purpose including hosting and publication of their website on the internet without the requirement to release these modifications to any 3rd party.
  • Restrictions on Redistribution : Should your business however, decide to redistribute these modifications to a 3rd party in any way, other than hosting on the internet as part of your business website, then this may be deemed to be a "Distribution" event under the terms of the GPL license. This may require your business to disclose a copy of these modifications to the person to whom they were sent in source code form.
    •

SUPPORT

1. Each Website Support Package [1 Hour Per Month] has the following levels of support available:
[Prices for the Support Package can be found here - Item 5. Payment is always in advance.]

  1. Site Unavailable: Unlimited
  2. Email Support: 4 emails
  3. General Phone Support: 4 calls, 15 min max each, to max of 60 minutes
a. Site Unavailable
Other than in the event of scheduled maintenance which will be notified to customers in advance, when the site is down, clients can call directly and will receive unlimited support until resolution and site access is restored. If access can't be restored immediately, then an ETA or at least an explanation must be provided within 30 minutes of the client contacting us.
b. Email Support
Please refer to BuildAWebsiteTonight.com/support and click Log a Support Request to log your request. 24 hour response time is assured. In most cases, your support request will actually be responded to within an hour, but the maximum response time will never be more than 24 hours if the support request is submitted at BuildAWebsiteTonight.com/support. Unlimited email support is offered to clients for basic educational inquiries or site problems. Note: questions around how to use the software which extend beyond basic usage scenarios are not covered under this arrangement. One hour of support or customisations is offered each month to cover these more significant queries or site modification requests. Any effort expended beyond this one hour of support is charged at the rate of $A75/hr. The Support Package will be charged monthly in advance.
c. General Phone Support
For general support calls which do not relate to a site outage, the lesser of 4 phone based support calls or 60 minutes of support will be offered to the customer. If a site unavailable call is received and it is subsequently determined that this site is available via the public internet but not available at the customer site due to local IT issues, then this call will retrospectively be deemed to be one of the phone based support calls. For general support calls, a response time of 2 hours is assured, with an ETA on resolution provided at this time. Any prepaid support may be utilized to cover additional services if and when required. Extra support calls (outside those covered by the monthly agreement) are charged at $20 each capped at 15 minutes and charged in 15 minute blocks or part thereof. Support services can be pre-purchased at a discount price.

Support time does not accrue, and cannot be used ahead of time.

3. Product Enhancements

Product major enhancements or custom development of the products [web builders, CMS] are performed on a fixed price basis. All enhancements will be estimated and quoted prior to work commencing in order to gain customer agreement to the scope of works. For small items, ad hoc works can be provided on a time and materials basis for $100/hr.


4. Service Hours

BuildAWebsiteTonight service hours are:
10:00am – 4:30pm AEST, Monday – Friday, excluding public holidays.



Executed as an Agreement on : ............................................................ [date]

Signed for and on behalf of BuildAWebsiteTonight

Signed:

Name: Teena Hughes



Signed for and on behalf of

Business:
 .................................................................
Name:
 .................................................................
Signed:
 .................................................................
Date:
 .................................................................

Please sign, date, and fax (THIS PAGE ONLY) in USA to: +1-651-286-3719

BuildAWebsiteTonight.com 2006-2010


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