Netmastery Pty Limited Terms and Conditions
These terms and conditions apply to all transactions between Netmastery Pty Limited (Netmastery) and a client (client) whether a fee or payment is or has been or is to be invoiced.
- A domain name, once purchased, is registered (licenced by the client) for a period of one or more years and may or may not be renewed after that period.
- Domain names are registered subject to the domain name authority's published terms and conditions.
- Netmastery Pty Limited (Netmastery) are not responsible for any mistakes in the spelling or wording or use of punctuation characters of the domain name as it is the client's responsibility to ensure that the domain name is correct before the final purchase.
- The client should not assume registration or renewal of a domain name until the registration process is complete and confirmed.
- Domains are registered and/or renewed by Netmastery on the registrant's behalf as the registrant's agent for the period shown on the invoice.
- The client is responsible for requesting Netmastery in writing before the expiry date that renewal of a domain be effected for future periods if this is required by the client.
- Registration and renewal is subject to the domain registry's standard terms and conditions (available on request).
- Domain registration licence fees are non-refundable.
- Domain registration renewal fees are due and payable prior to the renewal date.
- Netmastery adheres to the auDA code of conduct.
- Registrants are advised that a transfer to a different Registrar-of-Record is not necessary to delegate a domain name for new webhosting or email services. Delegation may be performed by the Registrant, or by a Domain Name Supplier on behalf of the Registrant, through the current Registrar-of-Record.
- Domains may be "back ordered" in some circumstances but Netmastery makes no claims or guarantees about the reliability of any "back order" service provided by a third party and subscribed to on behalf of the client
Hosting, Content and E-Mail:
- Netmastery do not permit the server to be used in violation of any law or regulation or knowingly contain or pass on any unlawful, harmful, abusive, threatening, pornographic or otherwise unsuitable material including viruses and potentially damaging programs and software.
- Client may be supplied at the option of Netmastery with FTP access to the server but the client may not provide such access to any third party except with the express written permission of Netmastery.
- Netmastery will take all reasonable steps to ensure correct mail transfer but cannot be held responsible for incomplete or non-delivered mail.
- Where email is forwarded to a third party address it is the client's responsibility to advise any changes of email address etc and to test that forwarding is functioning satisfactorily.
- Client is advised that email is essentially insecure and unreliable and should not be used for confidential or mission critical communications.
- It is the responsibility of the client to ensure all data protection laws and legislation are adhered to.
- Netmastery cannot guarantee against the presence of hackers and crackers on the server but will ensure to the best of their ability that the possibility is minimised, as will the service providers.
- If Netmastery form the opinion that the client is using the services for malicious, offensive or otherwise antisocial behavior then Netmastery reserve the right to terminate all contracts and services without prior notice.
- Any intellectual property rights supplied by Netmastery unless agreed otherwise expressly and in writing, shall remain the property of Netmastery and equally any intellectual property rights of the client shall remain so unless agreed otherwise.
- The client is responsible for all copyright and intellectual property clearances of the content and shall indemnify Netmastery against any possible liable action.
- The contents of the client's website are the sole responsibility of the client and Netmastery shall not be held responsible.
- The client will indemnify Netmastery against any possible liable action resulting from this.
- Any code or original artworks or graphics developed by Netmastery or our contractors including but not limited to HTML markup, Flash and multi media including audio and video, database design and development, data collection and web based administration are licensed to the client for use in their own single website. It cannot be copied, reused or resold without the written permission of Netmastery. Original graphics created for use in the proposed website cannot be re-used in any other website or for other promotional media including but not limited to brochures, press or other advertisements without our express written permission and/or additional fees.
- The licensing for the any server side programs and scripts including those written in PHP, Java, CGI normally requires the program, scripts and data to be held on a web server run by Netmastery. Such scripts are strictly the copyright of Netmastery and all rights are reserved and they must not be edited or copied without permission or transferred to another server without the express written permission.
- Both Netmastery and the client will treat the information of the other as strictly confidential and not use any of the information gained or pass it on to a third party unless previously agreed in writing.
Termination of Services and Contract:
- 14 days written notice can be given by either party for a termination of services and any work carried out by Netmastery up to the 14th day is payable by the client in full.
- The client has 28 days to respond and rectify a possible breach of this agreement after which time Netmastery will terminate all contracts and services without warning.
- A nonpayment of debts will result in a termination of contract and Netmastery will reclaim any of its intellectual property and services which have not, or cannot be paid for.
- It is the responsibility of the Client to provide any materials including but not limited to data images freight charges and rules answers to any questions or queries (whether made verbally or in writing) relating to the timely completion of the web project and failure to provide such material shall constitute grounds for the termination of services by Netmastery.
- Before commencement of quoted fixed price projects the client will be invoiced as agreed.
- Once payment has cleared work will commence.
- Cancellation of the project by the client at any time will result in the necessary deductions being made from this amount for work completed and services used.
- Payment for work carried out is payable on receipt of the invoice. Failure to do so within seven days may result in extra charges.
- All prices indicated on the Netmastery website(s) are approximate and may alter on an individual basis with Netmastery reserving the right to change pricing and services offered without prior notification.
- GST is payable on all prices at the current rate.
- Once a design concept. (including but not limited to page layout, fonts, images, colours) and site functionality specifications have been approved by the Client, Netmastery reserves the right at its sole option to charge the Client for any work whatsoever including but not limited to, re-work, changes, reversal, variations and amendments requested by the Client excluding rectification and corrections of errors and commissions created or caused by Netmastery
- Where the client does not request a fixed price quotation for any work undertaken by Netmastery whatsoever, Netmastery reserves the right to charge the client on a hourly rate basis
Insurance and Liability:
- Netmastery shall not be held responsible for any loss to the client whether it be moneys, business or goodwill be it as an indirect or consequential result of work and services offered. It is the clients responsibility to ensure that all content is correct and legal before the publication of a website and the client shall accept any downtime of the server that Netmastery are powerless to prevent.
- Netmastery reserve the right to refuse access including but not limited to FTP control panel access or database access to any third party to or on any server owned leased rented or utilised by Netmastery without providing any reason.
- Responsibility is not accepted by Netmastery for delays or losses arising from contingencies beyond Netmastery's control such as but not limited to Terrorism, War (whether declared or not), Strikes, Lockouts, Fire, Flood, Failure of Electricity Supply, Insolvency or Bankruptcy or Winding Up (whether court ordered or not) of any third party, Act of God, Act of Government or any other form of Force Majeure.
- Internet connection is provided on a re-sale basis with an ISP and may be subject to time and traffic limits.
- Clients are responsible to ensure that these limits are not exceeded and are liable for any excess charges.
- Netmastery is a member of the TIO.
- Netmastery makes no claims or guarantees about the reliability of any spam filter or virus detection service. Netmastery strongly recommends you continue to run your own up-to-date antivirus software on your own computer or network.
E&OE - These terms and conditions are subject to change without notice.
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