Terms of Service

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Complete Website Solutions (the "Services").

The following terms and conditions apply to the provision of services to you by ("Complete Website Solutions") once Complete Website Solutions has accepted your order by sending you an email confirmation or by commencing the provision of the Service (as defined below):

By submitting an order to Complete Website Solutions the Customer hereby agrees to the following:

Commencement of Service & Payment

The term of this agreement, and the provision by Complete Website Solutions of the services hereunder, is on a periodic basis and renewable on the anniversary of such period unless cancelled earlier by pursuant to the express terms of this agreement.

  • To pay Complete Website Solutions for the Service at the rate agreed with Complete Website Solutions at the time of placing your order as such rate may be revised by Complete Website Solutions from time to time provided that Complete Website Solutions shall not revise such rate more than once in any period of six months and you shall pay such rate for hosting services in advance on or before the billing date specified in the invoice you receive from Complete Website Solutions.
  • Customers on monthly payment plans are requried to set up an automatic payment facility to arrive in our account on or before the due date each month.
  • To be bound by the service term selected at the time an order was placed or upgraded or via applicable promotional codes.
  • All set-up fees, if any, and monthly service fees are non-refundable unless covered by the 30 day money back guarantee. Customer shall not be entitled to any refunds, pro-rated or otherwise in the event of early termination of this agreement by Complete Website Solutions according to the terms herein.
  • Complete Website Solutions shall use reasonable endeavours to commence the provision of the Service to you by the end of the next two Business Days following the day upon which payment in full for the Service is received from you. For the purposes of this Agreement, "Business Day" means any day excluding Saturday, Sunday and any bank or public holiday in Australia.

 

Non Payment/Term of Service, Termination & Reinstatement:


Non-Payment of services shall result in suspension or disconnection. All payment failures must be cured within 7 days of notice. Any payment not received within seven (7) days of the due date will incur a late payment fee of $15.00. Customers failing to secure payment after 7 days of notice will incur service interruption and a $30 reconnection fee. Customer also shall pay to Complete Website Solutions all expenses incurred by Complete Website Solutions in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable Solicitors fees and the fees of any collection agency retained by Complete Website Solutions.

  • Customer must submit service termination/cancellations by submitting a cancellation request via the client area at least 14 days before the due date of their next billing cycle, cancellation requests received after the 14 day period will be liable to pay for 1 extra month of the service and a $30 cancellation fee payable immediately upon cancellation of the service. Payments not received within 7 days of the service cancellation will incur a late payment fee of $15.00 for each 7 day period that the invoice remains unpaid.
  • Termination/Cancellation requests by E-mail will be ignored. This is to protect clients against false cancellation and refund notices. Cancellation will take effect immediately after a submitted cancellation request has been received and processed.
  • Complete Website Solutions reserves the right to refuse service to anyone. Complete Website Solutions reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy and Terms of Service. To report any unacceptable behaviour by a third party using the Services, please contact abuse[@]c-w-s-group.com
  • You may terminate this Agreement immediately by submitting a cancellation request via the client support area at least 14 days before the due date of your next billing cycle if Complete Website Solutions persistently fails to meet the Service Levels. However, no refunds will be forthcoming if your service has been suspended or disconnected for violating the TOS or AUP.

 

You acknowledge and agree that:

  • Your web content will not allow or contain the following;
  • violate any state, federal or foreign laws or regulations
  • infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Complete Website Solutions or any third party
  • use defamatory, slanderous or trade libelous, threatening or harassing content of any type
  • make available file sharing music, software, video or pictures that contains copyright
  • use proxy server software (any type) used to hide users IP or cache content
  • display content that is discriminatory based on gender, race, age or promotes hate
  • violate any Complete Website Solutions policy posted on the Complete Website Solutions Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), and Privacy Policy
  • contain viruses or other computer programming defects which result in damage to Complete Website Solutions, it's servers or any third party
  • Disk Space/Data Transfer. The Customer may occupy only the amount of disk space on the Complete Website Solutions Servers and utilize no more than the network data transfer that is allocated by Complete Website Solutions. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
  • No "SPAM" . Customer shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Customer also shall not engage in any unsolicited email practices at Complete Website Solutions, or otherwise, that mentions or reference any domain hosted on Complete Website Solutions servers or parked on Complete Website Solutions DNS servers.

 

From time to time, the Service may be closed down and suspended in order for work to be carried out relating to the upgrading or maintenance of the Service or for other reasons relating to the provision of the Service. Complete Website Solutions shall use reasonable endeavours to give you reasonable notice of such closure and suspension and shall use reasonable endeavours to ensure that such works are carried out as quickly as reasonably practicable;

By submitting your order or entering into a hosting arrangement for the provision of the Service on the terms and conditions of this Agreement you hereby expressly consent to Complete Website Solutions using any and all information provided by you from time to time for any purpose whatsoever including, without limitation, the marketing of Complete Website Solutions products and/or services to you and the sending to you of e-mails concerning Complete Website Solutions services and products and/or any technical announcements by Complete Website Solutions concerning the Service and you hereby expressly consent to Complete Website Solutions transferring the information to any third party that is a group undertaking of Complete Website Solutions and/or its suppliers anywhere in the world. To uphold your privacy Complete Website Solutions will not sell such information to any third party. Furthermore both parties hereby agree that any information of a confidential or proprietary nature supplied to the other or generated by either party during the term of this Agreement shall not be used by the other, save for the purposes of this Agreement and shall not be disclosed to a third party, in each case, without the prior written consent of the other, whether during the term of this Agreement or after its termination or expiration.

  • Back-Up Files and Processing . Complete Website Solutions performs daily backups on all servers which can be restored in the case of a system failure; however, it is the Customers responsibility to use the Backup feature included in their control panel and keep their own copy.
  • The customer agree's that applications and scripts installed using Fantastico or uploaded are the responsibilty of the customer and must be kept up-to-date. Failure to do so may expose our servers to possible exploits and costs to restore services may be recovered from the customer of the site initially affected.
  • Customer agrees to adhere to the Complete Website Solutions Acceptable Use Policy, as amended from time to time by Complete Website Solutions.

 

Complete Website Solutions shall use reasonable endeavours to provide advice and support concerning the provision of the Services to you by email at the email address specified on the Website from time to time and shall, where appropriate, seek to provide remote diagnosis and fault corrections. Complete Website Solutions shall provide such advice and support with reasonable care and knowledge however, Complete Website Solutions shall not be obliged to carry out any site visits or otherwise provide support other than by email.

You undertake and agree to:

  • keep your contact details up to date and forthwith notify us in writing of any amendments;
  • keep your passwords confidential and only disclose them to such of your employees who need to know them and you will procure that those employees keep such passwords confidential; and
  • comply with the terms and conditions of use of any third party networks and services used in the provision of the Service which are not directly operated or provided by Complete Website Solutions and/or which are not under the control of Complete Website Solutions.

 

Limitation of Liability:

In no event shall Complete Website Solutions be liable for damages resulting from delays, non delievery, misdelivery of service or service interuptions, loss of data, profits, use of the Complete Website Solutions site or any Complete Website Solutions products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. Complete Website Solutions provides the services and it's products 'as is' and without warranty of any kind, whether express or implied, Complete Website Solutions disclaims all implied warranties including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, the customer shall be solely responsible for the selection, use and suitability of the services and products and will in no way hold Complete Website Solutions liable in any way shape or form for the selection, use and suitability of the services and products chosen by the customer. In no event shall Complete Website Solutions cumulative liability exceed an amount greater than one hundred dollars ($100.00). Further Complete Website Solutions is not responsible for data integrity on equipment reclaimed for non-payment.

Complete Website Solutions shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to the customer resulting, directly or indirectly, from any

  • (i) weather conditions, natural disasters or other acts of God,
  • (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or
  • (iv) other force or occurrence beyond its control. The exclusive remedy against Complete Website Solutions for any damages whatsoever to customer arising out of or related to this Agreement shall be the refund of the fees paid by the customer to Complete Website Solutions with respect to the then current term of this Agreement.

 

Indemnification:

The customer agrees that in no event shall Complete Website Solutions be liable to any third party for Customer's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Customer agrees to defend, indemnify and hold harmless Complete Website Solutions from any and all expenses, losses, claims, liabilities, damages, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of third party claims resulting from Customer's breach or alleged breach of any Customer obligations set forth hereunder. The customer agrees to reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

 

Refund Policy:

If a refund is due this will be by either Cheque or Paypal. This is at the discretion of the manager. Please allow 14 days for your refund to be processed.

  • Complete Website Solutions has a 30-day Money Back guarantee, at anytime during the 30-day period you can request cancellation and refund of your web hosting service. To obtain a refund you must post a written notice of cancellation before the 30 day guarantee is finished. This must be signed and dated by you. You cannot and will not recieve a refund if your account was suspended / Terminated for violation of the TOS (Terms Of Service) & AUP (Acceptable Use Policy) .

 

Notices:

Unless otherwise specified herein, any notices or other communications required or permitted must be given in writing and sent by first class recorded post to the relevant addresses specified on the Website in the case of Complete Website Solutions, and in your order in your case, as amended by no less than 18 days' notice in writing by the parties from time to time. A notice shall be deemed delivered within three Business Days of posting in the case of first class post.

 

Governing Law:

This Agreement is made under and shall be governed by the laws of Australia, except with regard to it's conflict of law rules. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof.

This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Customer, but may be so transferred, assigned or delegated by Complete Website Solutions. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees.

This Agreement and Complete Website Solutions policies are subject to change by Complete Website Solutions without notice. Continued usage of the Services after a change/s to this Agreement by Complete Website Solutions or after a new policy is implemented and posted on the Complete Website Solutions Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Complete Website Solutions Site for any changes or additions.

Please contact support[at]c-w-s-group.com if you have any questions.

 

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