Website Customers Please Note:
These Hosting Terms of Service form part of your Website Package Terms of Service, which are issued prior to commencement with any Website Project.

webdesign terms of service

All amounts are in Australian Dollars (AUS$) and include GST unless stated otherwise.

hosting terms of service

Illegal Activities
mouseFX's services may not be used for illegal purposes, or in support of illegal activities. mouseFX reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Harm or Endangerment to other people
You may not use mouseFX's service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use mouseFX's service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Content
mouseFX does not allow adult and/or gambling content.

Forgery or Impersonation
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation.

Renewals, Cancellations, Terminations and Re-activations

Service Level
mouseFX maintains a subscriber level agreement to ensure fairness in case of extended downtime to our service, the following constitutes our subscriber level agreement: mouseFX guarantees uptime of 99.9% during a month. It is henceforth understood that mouseFX will not be liable for any downtime credit unless our combined downtime period exceeds 45 minutes in a month (due to a fault of our network). A compensation of $10 will be credited to your next bill. All downtime credit claims, must be made prior to each billing period to our billing department at support@mouseFX.com. Keep in mind that mouseFX will not apply any credits by default. All credits must be claimed by the subscriber.

Pricing Structure
mouseFX reserves the right to alter it's pricing structure from time to time by giving adequate notice to its clients no less than 30 days prior to when the changes take effect.

Unsolicited E-mail, News Bombing (SPAM)
Use of the mouseFX service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending mouseFX account. Anyone hosting websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending mouseFX account.

Copyright or Trademark Infringement
Use of the mouseFX service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the mouseFX service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Network Disruptions
Use of the mouseFX service for any activity which affects the ability of other people or systems to use mouseFX Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. mouseFX will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. mouseFX, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the mouseFX service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of mouseFX's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending mouseFX account is subject to immediate termination.

Backups and Loss of Information
Although mouseFX takes all precautions, all users of the service agree to keep backup copies of their entire websites and all content as mouseFX takes no responsibility for any accidental or wilful loss of or damage to clients information stored on the servers. Charges for restoring lost information are calculated at $150 per hour.

Abuse Policy
mouseFX forbids any form of network abuse including but not limited to "denial of service" attacks. Any form of bandwidth abuse, IP abuse or network abuse will not be tolerated. Any user generating any form of abuse will be subject to a 24 hour notice period; this period must be used to clear up any abuse problems emanating from his/her account. If within this period the abuse problem(s) are not resolved, the user will be subject to immediate termination of service without liability or refunds. If a user is found to be deliberately using the mouseFX network to perform network attacks, a fine of $1000 per incident will be imposed on the user. After 3 such incidents, the user will be permanently removed from our network.

Liability
Our liability for any breach of the term will be limited to the re-supply of the Services. mouseFX is not liable to you or any other person for any cost, loss or liability including loss of profit, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service. You warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document. You accept responsibility for all information and material published through the web hosting service and you will not violate copyright or other intellectual property rights, download, reverse engineer, change, pass on, or sell any software residing on the mouseFX servers that are not your property.

15-Day Money Back Guarantee
Our 15-day money back guarantee is offered to clients who, if within 15 days of commencing a hosting service with mouseFX are able to demonstrate that the services provided by mouseFX were not consistent with reasonable performance expectations. Refunds will not be granted for change of mind, or lack of website traffic. Refunds will not be granted for domain name purchases. Refunds will not be granted if you realises mouseFX facilities are incompatible with your scripts, languages and databases. Refunds will not be granted if you do not make a genuine attempt to configure your website within compatibility of server software and components. Full refunds will be made to you within 30 days of request to refund and cancel service.

Security
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.

Network Security
mouseFX accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. mouseFX requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at info@mouseFX.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation.

webdesign terms of service

1 Definitions
1.1 "Content" means all material including written, illustrative, diagrammatic or photographic which is particular or peculiar to the Customer or to the Customers business or industry or otherwise required by the Customer to be included as part of the website which forms part of the Project.
1.2 "Customer" means the person(s) or company identified as such in this agreement. If there is more than one Customer their liability to the Supplier is joint and several.
1.3 "Customer Information" means personal information about the Customer obtained by the Supplier from the Customer or from a third person, regardless of how and when it came to the Supplier.
1.4 "The Delivery Date" - means the finalisation date for the Project as identified in the Project Proposal which in any event will not be later than 90 days from commencement of this agreement unless otherwise agreed between the parties in writing.
1.5 "The Guarantor" means the person or persons identified as Guarantor(s) in the Project Proposal.
1.6 "Supplier" means ABCDEX Pty Ltd ABN 57 092 687 155 trading as mouseFX.
1.7 "The Project" means the work identified in the Project Proposal and includes all goods or services supplied by the Supplier or its agents to the Customer including all art work, symbols, logos, designs, texts, visual representations, photographic material in any medium whatsoever that the Supplier has been commissioned to produce.
1.8 The "Project Price" means the price agreed to complete the Project as specified in the Project Proposal.
1.9 "The Project Proposal" means the schedule or proposal page(s) signed by the parties which more particularly identifies the subject matter of this agreement.

2 Engagement
2.1 The Customer engages the Supplier to undertake the Project and the parties agree to be bound by these terms and conditions which constitute a contract between the parties which can only be amended by subsequent written agreement.

3 Project Proposal
3.1 The Customer acknowledges that the Project Proposal forms part of this agreement. This agreement is only binding on the Supplier if the acceptance on the Project Form has been executed by the Supplier by a director or a manager, the Customer and, if applicable, the Guarantor.

4 Covenants by Parties
4.1 The Customer covenants to provide to the Supplier all Content required from it by no later than the Content Provision Date identified in the Project Proposal to enable the Supplier to complete the Project in accordance with the Project Proposal. The Customer may thereafter nominate not more than 2 content correction notices to the Supplier which the Supplier will act upon at no extra cost. If the Customer fails to provide content by the Content Provisions Date or requires content changes outside the provisions of this clause then, without limiting its other rights, the Supplier may impose an additional charge of $150/hour for the time incurred by it in editing, loading and finalising the Project after the Content Provision Date.
4.2 The Supplier covenants and agrees to undertake the Project with due care and skill in a professional, competent and timely manner and to keep the Customer appraised of the status of progress of the Project at reasonable intervals.

5 Payment
5.1 The Customer shall pay a deposit upon this agreement becoming binding on the Supplier (but ignoring the provisions of clause 6.7). The amount of the deposit shall be as identified in the Project Proposal or, if not so identified shall be an amount equal to 30% of the Project Price.
5.2 The Balance of the Project Price shall be paid on the earlier of completion of the Project or the Delivery Date unless the failure to complete the Project by the Delivery Date arises from a material breach of this agreement by the Supplier in which case the balance will be payable on completion of the Project.
5.3 All trade exchange credit units outstanding 30 days after the completion date become payable in cash.
5.4 All payments by the Customer shall be made to mouseFX, 39 Battersby St, Zillmere QLD 4034 or such other address as the Supplier may nominate in writing from time to time.

6 Terms
6.1 Notwithstanding clause 5.2 if the terms section of the Project Proposal are completed the provisions of this clause 6 shall apply.
6.2 The Customer covenants and agrees to pay the balance of the Project Price over the term identified in the Project Proposal by equal monthly instalments the first of which shall be made on the date identified in clause 5.2 and thereafter on the same date of each next succeeding month until paid in full.
6.3 In addition to instalments of principal the Customer shall pay simple interest on the Project Price at the interest rate identified in the Project Proposal which interest shall be paid by monthly instalments at the same time as and in addition to instalments of the Project Price.
6.4 If default is made in the payment of any instalments of the Project Price or of Interest hereunder or the monthly Hosting Fee the whole of the balance of the amount then remaining outstanding of the Project Price and Interest and Hosting Fee shall immediately become due and owing in full.
6.5 Except to the extent where inconsistent with this clause 6, the balance of these terms and conditions shall apply under this clause 6 to a like extent as under clause 5.2.
6.6 The terms of this clause shall survive completion of the Project.
6.7 Notwithstanding any other provision of this Agreement in the event that clause 6 applies to the Project but no Guarantor has executed the Project Proposal, the Supplier may within 30 days of the Commencement of this agreement give written notice to the Customer that it requires the Customers obligations to be supported by a guarantor reasonably satisfactory to the Supplier. If such a notice is given this agreement shall not be binding on the Supplier unless and until the Customers obligations are supported by a Guarantor satisfactory to the Supplier (acting reasonably).

7 Title
7.1 Title to the Project shall remain vested in the Supplier until payment for the Project is received by it in full at which time it shall pass to the Customer.
7.2 Notwithstanding clause 7.1 and to remove doubt, all intellectual property rights accruing in or attaching to the methods or procedures employed by the Supplier to undertake the Project (including creating any website forming part of it) shall be and remain the property of the Supplier.

8 Content and update
8.1 The Customer is entirely responsible for the Content. The Customer warrants and assures the Supplier that it owns or is licensed to use all intellectual property rights attaching to the Content and the use of the Content does not otherwise breach any law or legal principle. The Customer and the Guarantor (if any) indemnify and will continue to indemnity the Supplier against all claims, suites, demands, actions or any like matter which may be issued or made against it by any third party arising out of the Content.
8.2 On completion of the Project the Customer will remain entitled during the period of 2 years after the Delivery Date to request the Supplier to undertake 4 moderate content updates at 6 monthly intervals at no additional cost. For the purpose of this clause the word "moderate" shall mean no more than text on 2 pages and 2 images. Any further or additional request for content change shall be charged at the Suppliers then hourly rate. This clause shall survive completion of the Project.

9 No Liability
9.1 The parties acknowledge that this agreement contains the whole of the agreement between them, despite anything to the contrary contained in any brochure, report, webpage or other document prepared by or on behalf of the Supplier for submission to potential customers. The Customer and/or Guarantor acknowledge that he/she/it has not been induced to enter into this agreement or Guarantee by any representation (verbal or otherwise) made by or on behalf of the Supplier that is not set out in this agreement.
9.2 Without limiting the generality of clause 9.1 the Customer acknowledges that any website presentation is illustrative only of available website designs and the final look and layout is dependent on Customer supplied material (including text and images) and will vary from any illustrative presentation.
9.3 To the extent permitted at law:
(a) all warranties, terms and conditions implied herein by use, statute or otherwise are hereby excluded.
(b) the Customer releases the Supplier from all and any liability arising out of in any way connected to the matters the subject of this agreement.
9.4 To the extent that the Suppliers liability is not released pursuant to clause 9.3 the maximum liability of the Supplier under this agreement is limited to the Project Price.

10 Miscellaneous
10.1 The Supplier shall be entitled to display any part of the Project on its own website and/or in its sales or presentation material for the purposes of promoting its services or the services of any associated business.
10.2 The Supplier shall have the right to display the signature hyperlink "powered by mouseFX" at the foot of the Customers website which forms part of the Project together with its "designed by" signature in the source code.
10.3 This agreement is governed by the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of that State.
10.4 The parties agree that the supplier shall host the Customers web site which web site forms part of the Project:
(a) if the Customers does not have a domain name the Supplier may agree to supply the Customer with a mouseFX sub-domain. In the event of such agreement the following conditions apply:-
(i) such supply will be at no additional cost;
(ii) the sub-domain name remains the property of the Supplier;
(iii) the sub-domain name cannot be transferred (or sold) to any other Server.
(b) the Suppliers hosting terms and conditions contained on line at www.mousefx.com shall apply.
(c) the Supplier shall use its best endeavours to maintain the website online but shall not be liable for loss or damage arising to any person or company (including the Customer) for any reason excepting the intentional or negligent acts of the Supplier, its servants or agents.
(d) the Supplier shall submit the website to third party Search Engines but shall not be liable for non inclusion of the website in their search results.
(e) the Supplier accepts no liability for loss, damage or any other occurrence if the Customer updates or alters the website pages.
(f) this clause shall survive completion of the Project.
10.5 The parties acknowledge:-
(a) if the Customer trades in a website to the Supplier all the Customers property and personal rights in such site pass to the Supplier upon the commencement of this agreement.
(b) unless otherwise agreed in writing the Project Proposal will include up to 10 POP3 email accounts/addresses which can be implemented at any time. Additional addresses are available at commercial rates.
(c) the project allows 2 rounds of Customer design corrections during the project phase only with further corrections attracting an hourly charge of $150.00.
10.6 Risk in the Project passes to the Customer on the earlier of completion of the Project or the Delivery Date.
10.7 The failure of any party to enforce the provisions of this agreement or to exercise any rights expressed in this agreement shall not be a waiver of such provisions or rights and shall not affect the enforcement of this agreement.

11. Personal Guarantee
11.1 In consideration of the Supplier agreeing at the request of the Customer to contract to provide the Project referred to in this agreement, the Guarantor (and if more than one, each jointly and severally) unconditionally guarantees the due and punctual payment to the Supplier on demand of all monies (including interest) which the Customer either alone or with any other person is or becomes actually or contingently liable to pay to the Supplier on any account whatsoever under or in relation to this agreement.
11.2 This guarantee is a principal obligation and will not be treated as ancillary or collateral to any other right or obligation however created or arising.
11.3 This guarantee may be enforced against the Guarantor without the Supplier first being required to exhaust any remedy it may have against the Customer to recover monies owing.
11.4 This guarantee is a continuing guarantee and will be irrevocable and will remain in full force and effect until discharged by the Supplier in writing. Without limiting the generality of this clause, this guarantee will apply irrespective of whether the terms of payment under this contract are in accordance with clause 5 or clause 6.
11.5 This guarantee will not be considered as wholly or partly discharged by the payment at any time of any monies owing hereunder or by any settlement of account or by any other matter or thing whatsoever (including delay, laches or compromise by the Supplier) and will apply to the present and future balances of monies owed and works undertaken by the Supplier to the Customer.
11.6 This guarantee shall bind each of the Guarantors signatories notwithstanding that all co-guarantors who have not signed.
11.7 This guarantee and the rights of the beneficiary pursuant to it may be assigned or transferred by the Supplier without the consent of the Customer or the Guarantor.

12. Privacy
12.1 By entering into this agreement the Customer consents and agrees to the Supplier using or disclosing Customer Information for the purpose of ascertaining the Customers ability to meet its financial obligations under this agreement, maintaining the Suppliers relationship with the Customer, assisting the Supplier to perform its internal administration and operations and to enable the Supplier to comply with legislative and regulatory requirements.
12.2 The Supplier will usually disclose Customer Information to the following types of organisations:- Credit reporting agencies, debt collecting agencies, the Suppliers agents, contractors and external advisors who assist the Supplier to carry out its functions and activities and regulatory bodies and agencies and subject to the provisions of the Privacy Act 1988 the Customer consents to disclosure as detailed in this clause.