Website Design Solutions for Australian Businesses


website design establisher package


 

Terms and Conditions

The following terms and conditions (these "Terms") govern the provision by Jay Le Boutillier of the services and/or products (referred collectively herein as "Services and Products") described on this page and defined in any of the Jay Le Boutillier product support listing, to the customer ("Customer") 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."

If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. Customer hereby agrees to the following:

  • The term of this agreement, and the provision by Jay Le Boutillier 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.
  • A 50% deposit is payable to Jay Le Boutillier on all Website Design packages and/or services supplied. Customer payment is accepted by bank transfer prior to Jay Le Boutillier's design and development team beginning work on Customer website development. The final 50% due plus any other agreed costs between Jay Le Boutillier and Customer is payable within 7 days of activating Customer website. Non-Payment of services, software or hardware shall result in suspension or disconnection. All payment failures must be cured within 7 days of a payment due date. Customers failing to secure payment within 7 days of due date will incur service interruption and a $50 reconnection fee.
  • Customer will be eligible for a complete refund if no work has commenced on the Customer website project from the time when Jay Le Boutillier has received payment of the Customer deposit, to when Jay Le Boutillier receives notice in writing that the customer is cancelling the website development and requesting a refund. Once Jay Le Boutillier and/or him team has commenced work on the Customer website development a partial refund may still be available. Any request for a refund, or partial refund, must be made in writing to Jay Le Boutillier. Customer refund will be calculated by deducting costs associated with work undertaken by Jay Le Boutillier and/or his team, charged at Jay Le Boutillier's current hourly rate for expenses incurred relating to Customer website development up to the date of cancellation. Jay Le Boutillier will provide Customer with a ledger of all work completed, and any expenses incurred to justify the refund (if applicable) the Customer will be paid. Work undertaken on a Customer project may include, but is not limited to; contact between Customer and Jay Le Boutillier's 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. Jay Le Boutillier's expenses incurred may include the purchase of a domain name, stock images, third party services, technology products, software and/or services for Customer website development.
  • Customer agrees to pay any hosting services in advance of each payment term on the billing date specified in the invoice it receives from Jay Le Boutillier.
  • Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
  • Jay Le Boutillier is not responsible for data integrity on equipment reclaimed for non-payment.
  • Customer agrees to supply materials and information required for Jay Le Boutillier and his team to complete the Work in accordance with the Website Design Package in which a 50% deposit has been paid. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Customer fails to supply such materials leads to a delay in completion of the work, Jay Le Boutillier has the right to suspend free website hosting until all required materials and information are supplied. Where the Client's failure to supply materials prevents progress on the Work for more than 45 days, Jay Le Boutillier has the right to invoice the Client for any part or parts of the Work already completed.
  • Customer agrees to supply materials and information required for content integration in an editable format. An editable format may include, but are not limited to .txt, .rtf, .doc, .docx, .psd files. Where the Customer fails to supply such materials in a suitable format leads to a delay in completion of the work, Jay Le Boutillier has the right to suspend free website hosting until all required materials and information are supplied. Where the Client's failure to supply materials prevents progress on the Work for more than 45 days, Jay Le Boutillier has the right to invoice the Client for any part or parts of the Work already completed.
  • Customer agrees to use stock imagery used on your website in accordnace the image rights. Stock images can only be used as they were placed onto your website by us. Do not copy the images and use them in other promotional materials. If you would like to own the images on your website or use them for another purpose then please contact us. This does not apply to any images that you own and provide to us for use on your website.
  • Customer agrees to adhere to Jay Le Boutillier's Acceptable Use Policy, as amended from time to time by Jay Le Boutillier.
  • Customer agrees to adhere to the Jay Le Boutillier's Data Center Rules and Procedures.
  • Jay Le Boutillier 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, Data Center Rules and Procedures, and Terms of Services.
  • Jay Le Boutillier is not responsible for backing up customer website data, files, scripts, email or database.
  • Jay Le Boutillier is not responsible for the restoration of data to server in the event of hardware failure. Jay Le Boutillier's dedicated server providers perform regularly backup data but do not guarantee backup data integrity. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. Jay Le Boutillier shall not be liable for loss of data under any circumstances.
  • Jay Le Boutillier will make every effort to ensure the 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. Jay Le Boutillier and his team will do their best to restore availability of website, services and content management system promptly. Jay Le Boutillier will not be held responsible for damage, events or losses directly or indirectly related to Jay Le Boutillier's website, services or content management system being offline.
  • Customer agrees to use web browsers that are compatible with Jay Le Boutillier's content management system.
  • Jay Le Boutillier is not responsible for incompatibility of web browsers to edit Customer website. Compatible web browsers are available free of charge by third parties on the internet and should be downloaded and installed by the Customer. Jay Le Boutillier's support staff will assist Customer to download a free compatible web browser during website training consultations if required.
  • When Customer purchase's any software products from Jay Le Boutillier or any of Jay Le Boutillier's third party software suppliers, Customer agree's to accept the terms of this Agreement. This Agreement is a legal contract, which specifies the terms of the license and warranty limitation between Customer and Jay Le Boutillier. You should carefully read the following terms and conditions before purchasing any software. Unless Customer has a different license agreement obtained from Jay Le Boutillier, 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 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 Jay Le Boutillier is forbidden. All rights to 'The Software' and documentation not expressly granted under this Agreement are reserved to Jay Le Boutillier. Disclaimer of Warranty: 'The Software' AND ACCOMPANYING DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OF MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO 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 SOFWARE OR PROGRAMS. IN NO CASE SHALL JAY LE BOUTILLIER 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, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF JAY LE BOUTILLIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL JAY LE BOUTILLIER OR LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY CUSTOMER TO JAY LE BOUTILLIER.

Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:

Payment. Non-Payment of hosting services, shall result in suspension or disconnection of Customer hosting services. All payment failures must be cured 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.

Indemnification. Customer agrees to indemnify and hold harmless Jay Le Boutillier and the employees and agents of Jay Le Boutillier (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 Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorney’s 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 Jay Le Boutillier Liability. Jay Le Boutillier 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 Jay Le Boutillier for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Jay Le Boutillier with respect to the then current term of this Agreement. JAY LE BOUTILLIER 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 JAY LE BOUTILLIER’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS JAY LE BOUTILLIER PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED JAY LE BOUTILLIER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND JAY LE BOUTILLIER SHALL HAVE NO LIABILITY THEREFORE.

Governing Law. 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 another jurisdiction.

Miscellaneous. Failure by either Jay Le Boutillier or 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 Website Design Centre Acceptable Use Policy ("AUP") is designed to protect Website Design Centre customers ("Customers") and third parties, further compliance with all relevant laws and regulations, and promote the security and availability of Website Design Centre network, servers and physical infrastructure. This AUP applies to each Customer's use of the services provided to it by Website Design Centre ("Services") and every server or network device that is under Website Design Centre or each Customer's control and attached to Website Design Centre infrastructure as a part of the Services ("Server").

This AUP is incorporated by this reference into each Customer's service agreement. Website Design Centre reserves the right to amend this AUP from time to time, and a Customer's use of the Services after changes to the AUP are posted on Website Design Centre web site Website Design Centre will constitute the Customer's acceptance of any such amendments as will payment of each invoice.

Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorised or not by Customer. Customers must take all reasonable steps to ensure that they, their customers and users will comply with this AUP.

This AUP does not (a) obligate Website Design Centre to monitor, review, or police the data and content residing on its network or (b) create any obligation of Website Design Centre to any party that is not a Customer. Website Design Centre 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.

Prohibited Content. Customers shall not allow the posting, transmission, or storage of data and content on or through the Services which, in Website Design Centre 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 Website Design Centre servers or network, any material believed by Website Design Centre to constitute child pornography. In addition to the any other actions it may take under this AUP, Website Design Centre reserves the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography.

Customer Security Obligation. Customers are 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. Website Design Centre reserves the right to disconnect without provision of service credit any Server or Account which disrupt Website Design Centre 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 customers sole responsibility to ensure website scripts are updated to ensure compatibility with the latest security and software updates.

Network Abuse. Customers are prohibited from engaging in any activities that Website Design Centre determines in its sole discretion to constitute network abuse, including the following:

  • Introducing or executing malicious programmes into any network or server, such as viruses, worms, Trojan Horses, and key loggers.
  • Causing or initiating security 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 network activity that will intercept data not intended for the Customer's server or account.
  • Evading or circumventing user 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 attack.
  • Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification information.
  • Using any program, or sending messages of any kind, designed to interfere with or disable a user's terminal session.
  • Being in breach of the Anti Spam Laws of any country

Intellectual Property Infringement Policy. 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. Website Design Centre has the right to disable access to, or remove, infringing content to the extent required under any law or regulation, including the Digital Millennium Copyright Act of 1998.

Website Design Centre reserves the right to suspend permanently or terminate the Services of any Customer that repeatedly violates Website Design Centre Intellectual Property Infringement Policy or any copyright law.

E-mail Policy. 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.

Mass Mailings. Customers may not sending 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 Website Design Centre upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Website Design Centre will consider the mass mailing to be unsolicited.

Mailing Lists. Customers are prohibited from operate mailing lists, 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 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 Website Design Centre upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, Website Design Centre 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 Website Design Centre servers and network for the receipt of replies to unsolicited mass e-mail
  • Forgery of e-mail headers ("spoofing")
  • Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software
  • Configuration of a mail server 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 messages.

Block Removal. If, as a result of a Customer's actions, Website Design Centre mail servers or IP address ranges are placed on black hole lists and other mail filtering software systems, Website Design Centre shall charge Customer $100 up front and $100 per hour thereafter for any necessary remedial actions.

IP Allocation. A Customer shall not use IP addresses that were not assigned to it by Website Design Centre. Website Design Centre reserves the right to suspend the network access of any account or server utilising IP addresses outside of the assigned range.

IRC Policy. 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, Website Design Centre may null-route, filter, suspend, or terminate that Customer's service.

Usenet Policy. Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. Website Design Centre reserves the right to determine whether such posts violate the AUP.

Legal Investigations. 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"). Website Design Centre reserves the right to comply with any Investigation without notice to a Customer. Customers shall not be entitled to service credits, and Website Design Centre 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. Website Design Centre 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 Servers
  • Blocking mail or any other network service
  • Effecting IP address null routing
  • Suspending or terminating of a Customer's service
  • Taking direct action against a Customer's users and customers.

The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that Website Design Centre may take to enforce and ensure compliance with this AUP. Website Design Centre 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.

Website Design Centre 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 Server.