Terms and Conditions
The following terms and conditions govern the provision by Leading Edge
Business Options or any of its affiliates (referred to herein as
“LEBO” , “We”,
“Us” or “Our”) of the services
and/or products (referred collectively herein as "Project/s") described
on this page and defined in any LEBO product support listing, to the
Customer (referred to herein as the “Customer”,
“You” or “Your”) identified in
the Service Descriptions. The Service Descriptions, these Terms and any
addenda hereto, executed with respect to the Services and Products, are
referred to herein, collectively, as this "Agreement."
Agreement to use any service or product offered by Leading Edge
Business Options will imply that these terms and conditions have been
read and agreed to.
The Customer hereby agrees to the following:
- The term of this agreement,
and the provision by Us of the services hereunder, is on a periodic
basis and renewable on the anniversary of such period unless cancelled
earlier pursuant to the express terms of this agreement.
- A 50% deposit is payable to
Us on all Project/s. Customer payment is accepted by bank transfer and
must be cleared funds prior to LEBO design and development team
beginning work on Your Project/s. The final 50% due plus any other
agreed costs between Us and You is payable upon completion and before
sending Your website live, where this agreement relates to a website
and before provision of a service or product where the agreement
relates to a service or product which is not a website. Non-Payment for
services, software or hardware shall result in suspension,
disconnection or non-delivery. All payment failures must be cleared
within 7 days of a payment due date.
- Where the Project refers to
a website the Customers failure to secure payment within 7 days of the
due date will incur service interruption and a $50 reconnection fee.
- You will be eligible for a
complete refund if no work has commenced on Your Project/s from the
time when We have received payment of the deposit, to when We receive a
notice in writing that the customer is cancelling the Project/s and
requesting a refund. Once LEBO has commenced work on the Project/s a
partial refund may still be available. Any request for a refund, or
partial refund, must be made in writing to Us. The Customer refund will
be calculated by deducting costs associated with work undertaken by Us
and, charged at Our current hourly rate for expenses incurred relating
to the Project/s up to the date of cancellation. We will provide the
Customer with a summary of all work completed, and any expenses
incurred to validate the refund (if applicable). Work undertaken on a
Customer’s Project may include, but is not limited to;
contact between the Customer and Our support staff, the commencement or
website hosting services, design concept(s), wire frames, sourcing of
imagery, time spent on marketing concepts and any time spent building,
designing and/or coding Customer website. LEBO expenses incurred may
include the purchase of a domain name, stock images, third party
services, technology products, software and/or services for Customer
- You agree to pay any hosting
services, where applicable, in advance of each payment term on the
billing date specified in the invoice You receive from Us.
- The Customer agrees to be
bound by the service term agreed to at the time of contracting for the
- You agree to supply any
materials and any information required for Us to complete the
Project/s. Such materials may include, but is not limited to,
photographs, test data, written-copy, logos and other printed
materials. Where the Customer’s failure to supply such
materials leads to a delay in completion of the Project/s, LEBO has the
right to suspend any free website hosting until all required materials
and information are supplied. Where the Customers failure to supply
materials prevents progress on the Project/s for more than 45
days, LEBO has the right to invoice the Client for any part or parts of
the Project/s already completed.
- You agree to supply
materials and information required for content integration in an
editable format. An editable format may include, but is not limited to
.txt, .rtf, .doc, .docx, .psd files. Where the Customer’s
failure to supply such materials in a suitable format leads to a delay
in completion of the Project/s, LEBO has the right to suspend any free
website hosting or otherwise stop work on the Project/s until all
required materials and information are supplied. Where the
Customer’s failure to supply materials prevents progress on
the Project/s for more than 45 days, We have the right to invoice You
for any part or parts of the Project/s already completed.
- You agree to use stock
imagery used on any website designed by LEBO in accordance the image
rights. Stock images can only be used as they were placed onto your
website by LEBO. You may not copy the images and use them in other
promotional materials without the express approval of LEBO. This does
not apply to any images that You own and provide to LEBO for use on
- Customer agrees to adhere to
Our Acceptable Use Policy, as amended from time to time by Us.
- We reserves the right to
terminate service immediately to any Customer We deem, in Our sole
discretion, violates any condition of service including the Acceptable
Use Policy, Data Centre Rules and Procedures, and Terms of Services.
- LEBO is not responsible for
the restoration of data to the server in the event of hardware failure.
LEBO perform regular backup of data but does not guarantee the data
integrity. If hardware failure is experienced and subsequent data loss
occurs, the Customer is ultimately responsible for data restoration.
LEBO shall not be liable for loss of data under any circumstances.
- LEBO is not responsible for
backing up Your Project/s data, files, scripts, email or database.
- LEBO will make every effort
to ensure any website, services and online content management system
are available 365 days a year, 24 hours a day. Due to the nature of
hardware and software there may be times when a Customer's website will
be down for short periods. LEBO will do its best to restore
availability of website, services and content management system
promptly. LEBO will not be held responsible for damage, events or
losses directly or indirectly related to Our website, services or
content management system being offline.
- Customer agrees to use web
browsers that are compatible with LEBO’s content management
- LEBO is not responsible for
incompatibility of web browsers or other software to edit Customer
Project/s. Compatible web browsers are available free of charge by
third parties on the internet and should be downloaded and installed by
- Where the project requires
special software it will be the responsibility of the Customer to
- LEBO’s support
staff will assist the Customer to download free compatible software
where available and provide advice in obtaining paid software where no
other option exists.
- When You purchase any
software products from Us or any of Our third party software suppliers,
You agree to accept the terms of this Agreement.
- This Agreement is a legal
contract, which specifies the terms of the license and warranty
limitation between You and Us. You should carefully read the following
terms and conditions before purchasing any software.
- Unless You have a different
license agreement obtained from Us, purchase of any software indicates
Customer acceptance of the license and warranty limitation terms
contained in this Agreement.
- Versions of the Software:
- Only one licensed copy
“where applicable”, of 'The Software' may be used
on one web site.
- License to Redistribute:
- Distributing 'The Software'
and/or documentation with other products (commercial or otherwise) by
any means without prior written permission from LEBO is forbidden.
- All rights to 'The Software'
and documentation not expressly granted under this Agreement are
reserved by Us.
- Disclaimer of
- 'The Software' and
accompanying documentation are provided “as is” and
without warranties as the performance, merchantability or any other
warranties whether express or implied. Because of the various hardware
and software environments in which “the software”
may be used, no warranty of fitness for a particular purpose is
offered. The user must assume the entire risk of using any software or
programs. In no case shall LEBO be liable for any incidental, special
or consequential damages or loss, including, without limitation, lost
profits or the inability to use equipment or access data, whether such
damages are based upon a breach of express or implied warranties,
breach of contract, negligence, tort or any other legal theory. This is
true even if LEBO is advised of the possibility of such. In no case
will LEBO’s liability exceed the amount of the licence fee
actually paid by the Customer to LEBO.
Additionally, in consideration for hosting services to be delivered (if
applicable), the Customer agrees to be bound to the following terms:
Non-Payment of hosting services, shall result in suspension or
disconnection of Customer hosting services. All payment failures must
be cleared within 7 days of a payment due date. Customers failing to
secure payment within 7 days of due date will incur service
interruption and $50 reconnection fee. Non-Payment of other services,
software or hardware shall result in suspension, disconnection or non
The Customer agrees to indemnify and hold harmless
LEBO and the employees and agents of LEBO (each an "Indemnified Party")
against any losses, claims, damages, liabilities, penalties, actions,
proceedings or judgments (collectively, "Losses") to which an
Indemnified Party may become subject and which Losses arise out of, or
relate to this Agreement or the Customer’s use of the
Services and Products, and will reimburse an Indemnified Party for all
legal and other expenses, including reasonable legal 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.
Limitation on LEBO
LEBO 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 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 LEBO for any damages whatsoever
to the Customer arising out of or related to this Agreement shall be
the refund of the fees paid by Customer to LEBO with respect to the
then current term of this Agreement. LEBO shall not be liable for (i)
any indirect, incidental, special or consequential damages, or for any
loss of profits or loss of revenue resulting from the use of
LEBO’s services and products by the Customer or any third
parties, or (ii) any loss of data resulting from delays,
non-deliveries, mis-deliveries or service interruptions. LEBO provides
the services and products as is, without warranty of any kind, wether
express or implied. LEBO disclaims all implied warranties, including,
but not limited to, the implied warranties of merchabtability or
fitness for a particular purpose. The customer shall be solely
responsible for the selection, use and suitability of the products and
LEBO shall have no liability therefore.
This Agreement shall be governed by and construed in
accordance with the laws of the State of Queensland, without regard to
choice of law provisions that would cause the application of the law of
Failure by either LEBO or the Customer to enforce any of
the provisions of this Agreement or any rights with respect hereto or
the failure to exercise any option provided hereunder shall in no way
be considered to be waiver of such provisions, rights or options, or to
in any way affect the validity of this Agreement. If one or more of the
provisions contained in this Agreement are found to be invalid, illegal
or unenforceable in any respect, the validity, legality and
enforceability of the remaining provisions shall not be affected. This
Agreement may be executed in any number of counterparts, each of which
shall be deemed an original, but all of which together shall constitute
one and the same instrument.
Acceptable Use Policy
The LEBO Acceptable Use Policy ("AUP") is designed to protect LEBO
customers and third parties, further compliance with all relevant laws
and regulations, and promote the security and availability of the LEBO
network, servers and physical infrastructure. This AUP applies to each
Customer's use of the services provided to it by LEBO and every server
or network device that is under LEBO or each Customer's control and
attached to LEBO infrastructure as a part of the Services.
This AUP is incorporated by this reference into each Customer's service
agreement. LEBO reserves the right to amend this AUP from time to time,
and a Customer's use of the Services. Changes to the AUP are posted on
LEBO’s web site and such changes, once posted will constitute
the Customer's acceptance of any such amendments.
Customers are responsible for complying with this AUP and for
violations attributable to their customers and users, whether
authorised or not by the Customer. Customers must take all reasonable
steps to ensure that they, their customers and users will comply with
This AUP does not (a) obligate LEBO to monitor, review, or police the
data and content residing on its network or (b) create any obligation
of LEBO to any party that is not a Customer. LEBO expressly disclaims
any liability for the data and content residing on its network and
servers and for the actions of its Customers.
Any questions or comments regarding this AUP should be directed to
through the Email Contact Facility, by use of the 1800 number.
Customers shall not
allow the posting,
transmission, or storage of data and content on or through the Services
which, in LEBO’s sole determination, constitutes a violation
of any relevant law, regulation, ordinance, or court order. Customers
shall be responsible for determining what laws or regulations are
applicable to their use of the Services. Prohibited content includes,
without limitation, (a) content or code that facilitate any violation
of, or describe ways to violate, this AUP or (b) "harvested" addresses
or information, (c) "phishing" web sites, or (d) "spamvertising" sites.
A Customer shall not knowingly host on its account, or transmit over
LEBO servers or network, any material believed by LEBO to constitute
child pornography. In addition to any other actions it may take under
this AUP, LEBO reserves the right to cooperate fully with any criminal
investigation of content located on a Server that constitutes alleged
responsible for keeping any
website scripts secure and up to date. Customers must use reasonable
care to ensure the security of each Server. A Customer is solely
responsible for any intrusions into, or security breaches of, any of
its Domains or Servers, except as otherwise covered by a specifically
designated security administration or firewall security service package
ordered by the Customer. LEBO reserves the right to disconnect without
provision of service credit any Server or Account which disrupt LEBO
servers, network or any hardware objects on the network as a result of
a security compromise. In order to keep website hosting services
secure, regular security and software updates to the servers are
performed. It is the customer’s sole responsibility to ensure
website scripts are updated to ensure compatibility with the latest
security and software updates.
Customers are prohibited from engaging in any activities
that LEBO determines in its sole discretion to constitute network
abuse, including the following:
Intellectual Property Infringement Policy.
- Introducing or executing
malicious programmes into any network or server, such as viruses,
worms, Trojan Horses, and key loggers.
- Causing or initiating
breaches or disruptions of network communication and/or connectivity,
including port scans, flood pings, email-bombing, packet spoofing, IP
spoofing, and forged routing information.
- Executing any form of
activity that will intercept data not intended for the Customer's
server or account.
- Evading or circumventing
authentication or security of any host, network or account, including
cracking, brute-force, or dictionary attacks.
- Interfering with or denying
service to any user, host, or network other than the Customer's host,
such as a denial of service attack or distributed denial of service
- Conduct designed to avoid
restrictions or access limits to specific services, hosts, or networks,
including the forging of packet headers or other identification
- Using any program, or
messages of any kind, designed to interfere with or disable a user's
- Being in breach of the Anti
Spam Laws of any country
Customers may not transmit,
distribute, download, copy, cache, host, or otherwise store on a Server
any information, data, material, or work that infringes the
intellectual property rights of others. LEBO has the right to disable
access to, or remove, infringing content to the extent required under
any law or regulation.
LEBO reserves the right to suspend permanently or terminate the
Services of any Customer that repeatedly violates LEBO Intellectual
Property Infringement Policy or any copyright law.
Customer may not send unsolicited bulk
messages over the
Internet (i.e., "spamming") and must comply with all relevant
legislation and regulations on bulk and commercial e-mail, including
the CAN-SPAM Act of 2003 and the Australian Anti Spam Legislation 2004.
Customers may not send mass unsolicited
e-mail, which is
email that is sent to recipients who have not double-opted in to
mailings from the Customer. Customers who send mass mailings must
maintain complete and accurate records of all consents and opt-ins,
including the actual e-mail and its headers, and provide such records
to LEBO upon its request. If a Customer cannot provide positive and
verifiable proof of such consents and opt-ins, LEBO will consider the
mass mailing to be unsolicited.
Customers are prohibited from operate
listservs, or mailing services that do not target an audience that has
voluntarily signed up for e-mail information using a double opt-in
process or that has made their e-mail addresses available to the
Customer for distribution of information. Customers who operate mailing
lists must maintain complete and accurate records of all consents and
opt-ins (including the actual e-mails and their headers) and provide
such records to LEBO upon its request. If a Customer cannot provide
positive and verifiable proof of such consents and opt-ins, LEBO will
consider the list mailing to be unsolicited. Any Customer-maintained
mailing list must also allow any party on the list to remove itself
automatically and permanently. On shared servers no more than 500
emails may be sent from an account in an hour
Other prohibited mailing activities include the following:
- Use of LEBO servers and
network for the receipt of replies to unsolicited mass e-mail
- Forgery of e-mail headers
- Spamming via third-party
proxy, aggregation of proxy lists, or installation of proxy mailing
- Configuration of a mail
to accept and process third-party messages for sending without user
identification and authentication
- Hosting web pages advertised
within "spam e-mail" sent from another network ("spamvertising")
- Any other unsolicited bulk
messages, postings, or transmissions through media such as weblog
posts, IRC/chat room messages, guestbook entries, HTTP referrer log
entries, usenet posts, pop-up messages, instant messages, or SMS
If, as a result of a Customer's
actions, LEBO mail
servers or IP address ranges are placed on black hole lists and other
mail filtering software systems, LEBO shall charge the Customer $100 up
front and $100 per hour thereafter for any necessary remedial actions.
A Customer shall not use IP addresses
that were not
assigned to it by LEBO. LEBO reserves the right to suspend the network
access of any account or server utilising IP addresses outside of the
Unless on their own Dedicated Server
customers may not
operate and maintain IRC servers which connect to global IRC networks
such as Undernet, EFnet, DALnet. Use of IRC plug-ins, scripts, add-ons,
clones or other software designed to disrupt or deny service to other
users is prohibited. Harassing or abusive IRC activity is expressly
prohibited under the AUP, including (i) disruption or denial of service
or (ii) the use or joining of "botnets" or the use of IRC BNC's or
other proxy and re-direction software. If a Customer's IRC servers are
frequently compromised or attract denial of service or distributed
denial of service attacks that disrupt or denies service to other
Customers or users, LEBO may null-route, filter, suspend, or terminate
that Customer's service.
Usenet posts and content must conform
established by the Internet community and the applicable newsgroup
charter. LEBO reserves the right to determine whether such posts
violate the AUP.
Customers will cooperate and
comply with any
civil or criminal investigation regarding content located on its
Accounts or Servers, including, without limitation, the following:
discovery orders, subpoenas, freeze orders, search warrants,
information requests, wire taps, electronic intercepts and
surveillance, preservation requests, and any other order from a court
or government entity (each an "Investigation"). LEBO reserves the right
to comply with any Investigation without notice to a Customer.
Customers shall not be entitled to service credits, and LEBO shall not
be in default under any agreement for Services, if its compliance with
any Investigation causes a Customer to incur downtime or requires the
sequestering of all or a portion of the Servers.
Violations of AUP.
LEBO may enforce this AUP with or
without notice to
a Customer by any actions it deems necessary in its sole discretion,
including the following:
- Disabling access to a
Customer's content that violates this AUP
- Removal of DNS records from
- Blocking mail or any other
- Effecting IP address null
- Suspending or terminating of
- Taking direct action against
Customer's users and customers.
The aforementioned list of actions shall not be construed in any way to
limit the actions or remedies that LEBO may take to enforce and ensure
compliance with this AUP. LEBO reserves the right to recover any and
all expenses, and apply any reasonable charges, in connection with a
Customer's violation of this AUP. No service credits will be issued for
any interruption in service resulting from violations of this AUP.
LEBO reserves the right at all times to investigate any actual,
suspected, or alleged violations of this AUP, with such investigation
to include accessing of data and records on, or associated with, any