Our Terms of Service
These terms form the basis of all hosting and work agreements between Total Website Management and its Clients.
1.1 These terms of service are an agreement between you (the Client) and Toni Marie Livesey trading as Total Website Management (Total Website Management) of PO Box 1573, Hervey Bay Queensland 4655.
1.2 Total Website Management provides its services to Clients subject to these Terms of Service.
1.3 By accepting a proposal from Total Website Management for the production of a website, website hosting, or other work to be performed by Total Website Management you are accepting these terms of service and are agreeing to be bound by them.
1.4 If you fail to comply with the conditions set out in these Terms of Service Total Website Management reserves the right to terminate any services that it provides to the Client and request the Client to immediately remove any files, data or content from any hosting controlled by Total Website Management.
2. Contacting Total Website Management
2.1 Total Website Management has an office in Hervey Bay that is open not open to the public
2.2 Clients who wish to contact Total Website Management to discuss any matters are required to call the office to make an appointment.
2.3 Total Website Management is an Internet based business and so any written correspondence between us and the Client will be in the form of an email and the Client agrees to check their email address on a regular basis to ensure that they receive any emails that Total Website Management may send to the Client.
3. Web Design
3.1 Total Website Management builds websites in accordance with the formal, written, proposal submitted to the Client. The Client is required to pay either a deposit as outlined in the proposal or the full amount as outlined in the proposal and supply all necessary information and content before work commences on the Client’s website. If the Client has paid a deposit for their website the website will not be made live until the full balance of the original account plus any additional fees the Client has incurred has been paid.
3.2 If the Client’s requirements for the website changes at some point between agreeing to the proposal and final completion of the website then Total Website Management reserves the right to amend the proposal and increase the amount payable by the Client for the website.
3.3 All Clients are entitled to one revision of the design and/or text for their website. Further revisions will be charged for at the current hourly rate charged by Total Website Management or at a flat fee as agreed between the Client and Total Website Management.
3.4 The Client asserts that the Client has a copyright for, or licene to use the content issued by the copyright holder or their agent for any content provided by the Client to Total Website Management for inclusion in the Client’s website.
3.5 The Client agrees to provide all files and content for the website in industry standard electronic form. If the Client refuses to supply all relevant files in such a form Total Website Management reserves the right to charge a fee to convert those files into electronic files that it can use.The Client also agrees to pay an extra fee based on Total Website Management’s current hourly rate if the Client requires Total Website Management to conduct online searches for images, patterns, scripts, themes or other content that the Client may require Total Website Management to include in the Client’s website
3.6 The text that appears on the Client’s website may be provided by the Client or if no text is provided Total Website Management will provide such text in accordance with standard copywriting and web design principles.
3.7 If the text on the Client’s website is provided by the Client then Total Website Management will not be held responsible for the effectiveness of the text as a sales purposes or for search engine ranking purposes.
3.8 Total Website Management will not be held responsible if the Client elects to change any text on the Client’s website and such changes have an impact on traffic flowing to the Client’s website nor for any impact on the Client’s business.
3.9 Total Website Management agrees to complete all work on the Client’s website in a timely manner but that time will vary depending on the complexity of the Client’s website and the number of changes the Client requests Total Website Management to make. Any delays caused by the Client will extend the completion time and Total Website Management reserves the right to move on to other work if the Client delays the building of the website.
3.10 Total Website Management asserts that the website that it produces for the Client will be as optimised for the Search Engines as it can be within the constraints of the design and functionality as stipulated by the Client.
3.11 The website built by Total Website Management for the Client will be optimised for the keywords/keyword phrases nominated by the Client or if none are nominated by the Client Total Website Management will optimise the website for such keywords/keyword phrases as indicated by a search of the relevant database as provided by Google.
3.12 Total Website Management use all recognised on-page optimisation techniques in an effort to achieve good rankings for the Client’s website however Total Website Management cannot guarantee those rankings and will not be held responsible if good rankings are not achieved.
3.13 Total Website Management is not responsible for any actions taken by the Search Engines in relation to the Client’s website and neither claims nor implies that it has any control over those actions in relation to the Client’s website.
3.14 The Client may require Total Website Management to purchase domain names on behalf of the Client but at all times any such domain names will be registered in the name of the Client and control and management of those domain names will be the responsibility of the Client.
3.15 Total Website Management will provide two hours of training for the Client in the operation of the Client’s website once the website is completed. This training period may be extended up to five hours if Total Website Management considers the Client’s website to be of a complex nature.
3.16 Any additional training requested by the Client will be charged at the current hourly rate charged by Total Website Management.
3.17 In addition to the training outlined in 3.15 Total Website Management will supply the Client with training sheets relevant to the operation of the Client’s website in electronic form and/or may refer them to Google to locate suitable online tutorials that will assist the Client.
3.18 The client’s website will be considered to be completed once it is made live on the Internet. Ongoing updates, alterations or amendments to the Client’s website after the site has been completed will be charged at the current hourly rate charged by Total Website Management. Total Website Management is not obliged to make these updates, alterations or amendments and may elect to refer the Client to other service providers to have these changes made.
3.19 Total Website Management reserves the right to determine the best hosting solution for the Client and if that hosting solution is on a server not controlled by Total Website Management then all relevant hosting fees, data backups and any ongoing maintenance will be the responsibility of the Client and will supply the Client with all relevant information once the Client’s website is completed.
4.1 Total Website Management may provide hosting for small to medium sized businesses and the basic hosting plan will be limited to 5GB of transfer per month and 5GB of disk space.
4.2 Such hosting is provided to approved clients only and the hosting be provided on a month to month basis or longer period as may be agreed between the parties.
4.3 Disk space and bandwidth covered by the service fee for hosting will be agreed upon by the parties prior to the hosting agreement taking effect and such fees will be paid on an annual basis with no refund if the Client elects to move to another hosting company while the hosting agreement with Total Website Management is still current.
4.4 In any month where the Client exceeds the allowance included in the service fee and amount of $2.00 per each excess gig will be added to the account for the next billing cycle.
4.5 Hosting agreements are not transferable.
4.6 Hosting is provided for business purposes only and must be for lawful purposes. The laws of Queensland and the Commonwealth of Australia apply.
4.7 Use of the Total Website Management hosting service for any service that is deemed unlawful under the above criminal or civil laws is prohibited.
4.8 While Total Website Management will do everything reasonably in its power to ensure the Client’s website will remain online Total Website Management does not assert that it can provide one hundred percent uptime and Total Website Management’s hosting will be affected by circumstances beyond its control. In those circumstances Total Website Management will not be liable for any loss incurred by the Client.
4.9 Total Website Management provides email hosting for their clients and a gateway on the email server for their clients to connect and download their emails. Installation, updating or maintaining email programmes on client’s computers or networks is the responsibility of each client. Total Website Management does not provide any services relating to the installation, updating or maintaining of clients’ email programmes and will not be liable for any issues that might arise from problems that clients might encounter with their email programmes.
4.10 The Client will not use their website or email facilities for any form of bulk email transmission that may be considered to be spamming. The Client agrees to use a dedicated email service such as MailChimp for the collection of email addresses and the transmission of bulk emails.
4.11 If the Client fails to comply with the terms in 4.9 Total Website Management reserves the right to immediately terminate the Clien’t hosting agreement and any unused portion of any payment for hosting will be forfeited.
4.12 The Client will not display, promote or sell any items on their website or store any such items within their hosting account for which they do not have a legal right or entitlement to display, promote or sell.
4.13 Any complain that Total Website Management receives about any form of copyright infringement will be immediately passed to the Client together with a request that the Client remove such items within 24 hours. Any failure to remove an offending item will result in immediate termination of hosting for the Client and any unused portion of any payment for hosting will be forfeited.
4.14 The Client agrees to indemnify Total Website Management for any claims resulting from the use of Total Website Management’s hosting service.
4.15 Either part may terminate their hosting agreement by giving the other party 30 days notice of its intention to terminate.
4.16 All warranties, conditions and representations whether express or implied other than express warranties stated by Total Website Management in writing are expressly excluded except in circumstances where Total Website Management is by law unable to exclude or limit such liability.
5.1 The Client will pay Total Website Management such fees as are applicable for web design, hosting and/or other services provided to the Client by Total Website Managment.
5.2 Such fees as are applicable in 5.1 shall be paid within seven days of the issue of an account.
5.3 Accounts that remain outstanding seventytwo hours after the seven days referred to in 5.2, with the exception of the initial payment referred to in 5.5, will be considered a bad debt and hosting and/or work being done for that account will be suspended. Accounts that remain outstanding 72 hours after the seven days referred to above will be considered a bad debt and all work and services provided by Total Website Management to the Client will be suspended until all monies owing have been paid.
5.4 Any hosting for a website that has been suspended will not be re-instated until a $50.00 service fee has been paid.
5.5 Where it is agreed that payment for the design of a website be divided into instalments such instalments shall consist of seventyfive percent as the initial payment before work commences and the final payment of twentyfive percent shall be payable once work on the website is completed and before the website is made visible on the Internet.
5.6 For the purposes of these terms payment is considered to have been made when the amount due appears in the bank account of Total Website Management as a cleared item or cash is paid in person. Cheques and direct deposits made into the bank account of Total Website Management will not be treated as payment having been made until the amount paid has been cleared by the bank.
6.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of Queensland and Australia and shall be subject to the non-exclusive jurisdiction of the courts of Queensland.
Total Website Management reserves the right to alter these terms of service at any time and without notification.