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TERMS OF SERVICE
ICBIG Australia provides Website Design and Internet Solutions as well as World Wide Web page hosting. ICBIG Australia reserves the right to suspend or cancel a customer's access to any or all services provided by ICBIG Australia when ICBIG Australia decides that the account has been inappropriately used or otherwise. ICBIG Australia is under no obligation to provide service to or for any company. ICBIG Australia reserves the right to refuse membership or service to a business or person without explanation.
SERVER USE
Business accounts are to be used by the primary owner only. Business account holders are not permitted to resell, store or give away web-hosting services of their website to other parties. Web hosting services are defined as allowing a separate, third party, to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. Customers may however resell our Reseller packages. ICBIG Australia reserves the right to refuse service and /or access to its servers to anyone. ICBIG Australia does not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Country, Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of ICBIG Australia. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
WEBSITE DESIGN
All website design remains the property of ICBIG Australia until all contractual agreements have been met. Contracts that are terminated through misuse, non-payment (of any services) or for any other reason to force an early termination of contract, will null in void any claims to the ownership of any intellectual property used in the design of the site or of any finished products. Website Design for templated sites will always remain the property of ICBIG Australia and MAY NOT be used or stored on any other servers or media of any kind WITHOUT the express permission of ICBIG Australia At the end of all contracts a letter will be produced where appropriate giving the permission to use a design. This is granted for that customer only and may not be on sold or used by any other business or person.
OWNERSHIP OF DOMAINS AND PROGRAMMING
Ownership of domains will be under ICBIG Australia until such time as all agreements and contractual obligations are met. If a domain is registered at the instruction of a client, the client waives all right’s to such a domain upon non-payment of fees or cancellation of contract without fulfilment at any stage before, during and after the construction of the website. After all contractual agreements are met and all fees are paid. ICBIG Australia will transfer the rights to the domain without delay and will do all in their power to aid in the smooth transfer of the domain. The transfer of all domains is subject to an admin fee. Upon completion of a contract the client will have full rights to use the flat design of any website. Due to the nature of ICBIG Australia solutions the programming and code will remain the property of ICBIG Australia and is under no way conferred to the client at any time. All content supplied by the client will remain the property of the client at all times. Upon request by the client all copies of such content will be erased by ICBIG Australia and no copies shall be retained. A flat copy of the design will be available to ICBIG Australia for the use of marketing and advertising provided that no sensitive information will be displayed. During the time of being a client of ICBIG Australia it is agreed that all parts of the website and the clients name may be used for advertising and marketing purposes. ICBIG Australia will in no way represent the client in an un-professional manner.
UNLIMITED USE POLICY
High bandwidth usage: ICBIG Australia offers an unlimited use policy by maintaining very large ratios of bandwidth per customer. In rare cases, ICBIG Australia may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, ICBIG Australia reserves the right to impose the High Resource User Policy for the consideration of all customers.
HIGH RESOURCE USER POLICY
Resources are defined as bandwidth and/or processor utilization. ICBIG Australia may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available ICBIG Australia reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby ICBIG Australia continues hosting the website for an additional fee
PAYMENT POLICIES
All accounts are set up on a prepay basis. Although ICBIG Australia reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due every calendar month or 1 calendar year, following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. In the event of a closure notice being given before the expiration of a contract ICBIG Australia will immediately debit any outstanding amounts from the card including the remainder of any monthly commitments. If a closure notification is received the client WILL not be able to claim any further rights of access to hosting or services from ICBIG Australia. In situations where the card number on file is declined ICBIG Australia will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, ICBIG Australia reserves the right to suspend other services, including all website and e-mail facilities, until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. ICBIG Australia cannot be held liable for any loss of business during this time or any other costs the business may incur No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via e-mail shortly after the online purchase has been made. At this point the customer's card will be charged automatically. All payments are to be made in the following; NZD (New Zealand), GBP (United Kingdom), USD (USA), CAD (Canada), AUD (Australia)
PAYMENT OPTIONS
In order to streamline our accounting procedures and keep costs down ICBIG Australia runs a limited number of payment options. Credit / Debit Cards:
ICBIG Australia accepts Visa, MasterCard, Switch, American Express, JCB, Diners, Laser, Electron and Solo.
(Credit Card types are dependant upon the country and ICBIG Australia reserves the right to withdraw types at any time)
Cheque Payment:
This option is only available for pre-approved customers. A credit card or direct debit authority will be required for all monthly hosting fees. Cheque payment for hosting fees is only available for clients paying yearly.
CHARGEABLE ITEMS AND/OR SERVICES
Unless specified all services of ICBIG Australia will be considered chargeable to the client. If no price is specified they shall be charged at the current hourly or day rate. If a service is asked for then it shall be assumed that an invoice will be received and that a quote is not necessary for the work requested. A client will retain the right to ask for a quote at any stage of the work and to cease such work at any time. If work is ceased at any time then an invoice will be created to cover the work to that point.
INVOICES
All invoices will be payable by the time specified. If no time is specified the client will have a 14 normal day payment period (including weekends and public/bank holidays). If payment is not received then ICBIG Australia reserves the right to suspend or cancel ALL services currently being provided. All bills and invoices will be deemed to affect the clients account and all services if unpaid and NOT just the service to which it is related. ICBIG Australia cannot be held liable for any losses during the suspension or cancellation of any services. If payment is not received within 30 days ICBIG Australia reserves the right to cancel all contracts and services without refund of any amounts and to forward any outstanding debt/s to a collection agency. Any cost incurred by the agency or ICBIG Australia in recovery of the debt/s shall be the responsibility of the client.
CANCELLATION AND REFUNDS
ICBIG Australia reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes ICBIG Australia terms of service a refund will not be issued in the event of a cancellation. Customers may cancel their account at any time. During the initial build period customers who wish to cancel will be entitled to a full refund for their all fees less any fees for domain registrations or external costs. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Once the initial build period has expired customers are not entitled to receive a refund unless the service is cancelled by ICBIG Australia. In addition some accounts incur set-up fees; these charges are also non-refundable. The build period shall be considered complete in the event of information not arriving by the client or once the domains have been registered and holding pages have been set up.
INDEMNIFICATION
The customer agrees that it shall defend, indemnify, save and hold ICBIG Australia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ICBIG Australia, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assignees. Customer agrees to defend, indemnify and hold harmless ICBIG Australia against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ICBIG Australia; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from ICBIG Australia's server.
DISCLAIMER
ICBIG Australia will not be responsible for any damages your business may suffer. ICBIG Australia makes no warranties of any kind, expressed or implied for services we provide. ICBIG Australia disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by ICBIG Australia and its employees. ICBIG Australia will be in no way responsible for any loss of business or other costs incurred for any reason whatsoever, including the late launch of a site, over and above the cost of hosting fees on that account. ICBIG Australia will only add free hosting at the end of a contract equivalent to the down time or late launch. This will only come into effect if reasons for downtime or late launch are within ICBIG Australia's control and go for a continuous period of 30 Days or more at a time. ICBIG Australia reserves the right to revise its policies at any time.
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