Terms and conditions
1 Details
Document: CMSupport (standard) terms and conditions v1.2
Date: 7 January 2005
2 Introduction
web2grow agrees to provide hosting, and cms support services to you on these terms (services).
These terms apply to you as a user of the services (you). Please read these terms carefully. It is a condition of your use of the services that you comply with these terms.
web2grow website or our website means our website at www.web2grow.com
service description is the description of a service contained on our website.
client data means all information, data, text, logos, images, audio, movie clips or content in any form that forms part of your website or emails.
3 Length of contract
Each contract for the service is for the minimum period set out in the service description on the website months. If you terminate the contract during the term you must pay us the full cost of the services for the minimum period. If payment is made monthly then the contract will be renewed automatically unless you notify us by email at least 15 days before the end of the billing period.
4 Payment
You must pay the prices for the services as noted in our invoices and the service descriptions on our website as varied from time to time.
Prices published on our service descriptions are inclusive of any government taxes or charges unless otherwise noted, and exclusive of any registration or delegation charges imposed by domain name authorities.
a. Periodic charges
Monthly payment - You must pay the monthly charges by automatic bank debit or automated credit card payment. (payment date).
Quarterly or annual payment – You must pay the quarterly/annual fees prior to commencement of service. You must pay the quarterly/annual renewal fees at least 14 day prior to expiry of the previous term (payment date).
b. Data limits and excess
We will provide you with data limits set out in the service description on the web2grow website. This limit applies to all data downloaded or uploaded during the relevant month.
You must pay for any data in excess of the data limit at the excess data rate set out in the service description on the web2grow website. You must pay for the excess data for each month (in arrears) within 7 days of us invoicing you.
c. Payment if password used
You must pay all charges incurred by you or any designated users or incurred as a result of any use of your password (whether authorised or not).d. Credit reporting agencies
You consent to us obtaining a credit reporting agency report containing personal information about you (as well as information concerning commercial creditworthiness and activities) to assess by us an application for credit (whether commercial or personal) to collect payments that are overdue.e. Account and statement fee
If you elect to receive a statement by post rather than by email you will be charged the statement fee of $3.00 per statement.
The statement fee will be charged per customer account. If a customer has multiple accounts with web2grow, the fees will be charged on each account for which monthly invoices are issued.
5. CMSupport package
This section applies if you subscribe for a CMSupport package.
a. Installation
web2grow will install your website and CMS on the web2grow servers.
b. Setup and training
web2grow will configure the website and the CMS on our hosting service, and provide you with a username and password for the CMS and for the control panel for your website. During the first month (30 days) web2grow will provide you with unlimited telephone support in the use of the CMS. [See Hosting for support terms for email]
c. Continuing support (CMS)
web2grow will provide unlimited ongoing support to you for the CMS by email/tickets.
- Unlimited requests.
- Response within 4 hours.
web2grow will provide limited telephone support to you for the CMS by telephone.
- You must first lodge an email/ticket request.
- Telephone support will be by return call within 4 hours.
- Apart from telephone support tickets related to non-functionality (bugs) the number of telephone support tickets is limited to 1 per month.
CMS support relates to the use of the content management system.
Urgent requests may be dealt with under our Uptime Support and Email Support (see Hosting).
d. Security patches, backup etc
web2grow may apply security patches and upgrade to the CMS as they become available.
The CMS is open source. Upgrades and patches are made available by the open source community as the need arises. We do not guarantee that the CMS is secure or that patches or upgrade will be available.
- CMSimple - The CMS backups the content of the website each time you log-off, with up to 5 backups maintained on the server. In addition you may backup the content to your local PC from the admin section.
- Mambo – Mambo includes an optional component that allows you to backup the Mambo database to a local PC. Contact your web developer to check if this component has been configured for you.
- web2growCMS (modX) – modX allows you to backup your database in the admin interface. You should regularly backup your database to your local PC.
Contact web2grow if you need to “rollback” to a backed up copy of the content. Re-instatement of backups is included in the support package.
Copies of the non-content components of your website should be provided to you on CDR by your web developer when the website is loaded. It is your responsibility to keep the CDR secure.
If for any reason the host cannot restore your data, you must be prepared to upload your data to your web site. We will not be liable for incomplete, out-of-date, corrupt or otherwise deficient client data recovered from our backups.
6. Support (hosting and email)
a. Installation
web2grow will configure your domain name and website. Domain name purchase is a separate expense. You must provide us with your domain login details.
web2grow will set up your allocated email accounts on the hosting servers. web2grow will provide you with configuration information in relation to those email accounts.
b. Email setup
web2grow provides limited set-up support for you local PC email client (eg Outlook) during the setup period.
c. Uptime support
If you believe your site or email is not up you should:
- Lodge a support ticket
- Contact web2grow by telephone
Note: You should always check that you have access to the internet before lodging an uptime support request. The easiest way to do this is to connect, and then enter the URL for a “always up” Australian website eg www.smh.com.au. If you cannot see the site you should contact your own tech support or your ISP support.
d. Email support
If you believe your email is not working on the servers you should follow the procedure in clause 6[c] above.
If your email problem relates to you your local PC email client (eg Outlook) you can either:
q use your own tech support to configure your email client, or
q lodge a support ticket. We do not provide telephone support for email client configuration.
7. What you must do
a. Acceptable use policy
You agree to abide by the web2grow Acceptable Use Policy and the Privacy Policy which is located on our website.
You agree that the terms of these document form part of this agreement between you and web2grow.
You must advise us as soon as possible if you have reason to suspect that the service is being used contrary to any of these documents.
b. Keep your password secure
You must adopt appropriate measures to ensure the security of your account information, password and your data.
c. You will scan for viruses
You warrant that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from our servers does not contain any computer virus and will not in any way, corrupt the data or systems of any person.
d. Dealing with client data
You are solely responsible for dealing with persons who access the client data, and must not refer complaints or inquiries in relation to such data to us.
8. Miscellaneous
a. Licence of client data
You give to web2grow a license to use and reproduce all client data in order to fulfil its obligations under this agreement.
b. Removal of data
We may without notice to you remove, amend or alter your data upon being made aware of:
- any claim or allegation; or
- any court order, judgment, determination or other finding of a court or other competent body, that the data is illegal, defamatory, offensive or in breach of a third party's rights.
c. After closure
If your account is closed you must pay all outstanding charges immediately. We may delete all client data from any storage media, unless otherwise agreed.
d. No reselling allowed
You may not resell services or assign your rights and obligations under this agreement without our prior written consent.
e. You have a right to use the data
You warrant that you hold and will continue to hold the copyright in the client data and that you are licensed and will continue to be licensed to use the client data.
f. We do not check your data
You accept responsibility for all information and material you issue over any services, and indemnify us against any liability in relation to that information. You must not publish or issue any information that is illegal or defamatory.
g. We do not check the materials on the services
We do not vet or approve any information or material available through the services. We do not accept any liability for any loss, claim or damages arising from or relating to information and material available through the services, to the full extent permitted by law. You access and use such information and material at your own risk.
h. We can outsource and change suppliers
web2grow may:
- contract out the provision of any of the hosting services (in part or whole) or resell the services of other parties, and
- substitute another party to perform the contract services at any time.
i. Maintenance
The host must perform scheduled maintenance to servers from time to time. We will attempt to perform all scheduled maintenance at times that will affect the fewest customers.
The host may need to perform unscheduled or emergency maintenance. We will use our best endeavours to complete unscheduled or emergency maintenance as soon as is practical.
9. What happens if you breach this agreement
This clause 9 comes into effect if you:
- fail to pay any charges when due;
- fail to comply with any provision in this agreement; or
- do anything that in our opinion may have the effect of jeopardising the operation of the services.
a. We can suspend the service
We may suspend the service (and any other service we provide to you) until the breach (if capable of remedy) is remedied. Even if we suspend any services you remain liable for all charges due throughout the period of suspension.
b. We can charge you late fees anmd interest
If you fail to pay any charges when due you must (if required by us) pay:
- a late payment fee of $10 for each month; and
- interest to us on the outstanding amount due to us at the rate of 15% per annum.
c. We can terminate this service
We can terminate the contract.
If we terminate the contract, we can claim interest at the rate of 15% per annum up to the date on which we terminate the contract.
We can also claim actual damages arising from the termination of the contract.
Without limiting the above actual damage will include payment for the service for the balance of the term of the contract.
10. Warranties and liabilities
a. No warranties or liabilities
We do not warrant that the services provided under this agreement will be uninterrupted or error free.
We do not warrant that the services will meet your requirements, other than as expressly set out in these terms.
We do not warrant that the services will be free from external intruders (hackers), virus or worm attack, denial of services attack, or other persons having unauthorised access to the services or systems of web2grow.
b. Technical services
We may from time to time without notice suspend the services or disconnect your access to the services during any technical failure, modification or maintenance involved in the services. We will use reasonable endeavours to get the services operating as soon as reasonably practicable.
Even if we suspend any services you remain liable for all charges due throughout the period of suspension.
c. Exclusion of statutory warranties
Except as expressly provided to the contrary in this agreement, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of this agreement, are excluded.
Where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement.
However, our liability for any breach of the term is, if permitted by that statute, limited, at our option, to the resupply of the services again, or payment of the cost of having the services supplied again.
d Limitation of liability
Except as provided under clause 8[c] web2grow, (its officers, directors, employees, partners or suppliers) will not be liable to you or any third party for any damage of any kind (including but not limited to special, punitive, incidental, indirect or consequential damages).
For clarification, the excluded damages include those arising from:
- loss of use, data or profits, on any theory of liability, arising out of or in connection with the use of or the inability to use the services;
- the statements or actions of any employee or agent of web2grow;
- any unauthorised access to or alteration of your web site, transmissions or data;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data, files or other content;
- your fraudulent, negligent or otherwise unlawful behaviour;
- information, data or other material provided to web2grow by you or on your behalf; or
- any services that are delayed or interrupted.
e. No representation made
You warrant that at the time of entering into this agreement you are not relying on:q any representation made by us which has not been stated expressly in this agreement;q any descriptions or specifications contained in any other document, including any publicity material which we have produced; orq any information provided on our website.f. We are not liable for certain things
Apart from clause 8[c] we are not liable to you or any other person for:q cost, loss or liability (including loss of profit or other consequential damage) arising from our supply or failure or delay in supplying the services;q the content, context or confidentiality of any communications made using the services;q loss or damage caused by third party software applications forming part of the services.g. You indemnity us
You indemnify us against all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from:
- your breach of these terms;
- your use or misuse of the services;
- the use or misuse of the services by any person using your account; and,
- publication of defamatory, offensive or otherwise unlawful material on any web site (or in any email) forming part of your services.
11. Legal stuff
a. Amendments
We may amend these terms and conditions at any time. Publication of amended terms and conditions on our website constitutes notice to you. Your continued use of the services will constitute acceptance of the amended terms.
b. Jurisdiction
The law in force in New South Wales governs this agreement and the transactions contemplated by this agreement.