Terms & Conditions

This is the Standard Terms & Conditions which applies to all clients and customers of Coastal Computers & Design otherwise known as Small Business Websites Australia.


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 Coastal Computers & Design also known as Small Business Websites Australia (the “Services”).

As used in this Agreement, “Coastal Computers & Design” or “Small Business Websites Australia” means Coastal Computers & Desiign and “Client”, “you”, or “your” means you. By paying a hosting invoice, you acknowledge that you have read this Agreement, and you agree to its terms and conditions and all policies posted on the Small Business Websites Australia web site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Small Business Websites Australia” refers to the Site located at the URL http://australianwebdesign.net.au, or any other successor Sites owned or maintained by Coastal Computers & Design.

1. Appropriate Use of The Service
Coastal Computers & Design provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Client Content.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any Small Business Websites Australia server in connection with Client’s use of the Services which:

  • 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 Small Business Websites Australia or any third party
  • are defamatory, slanderous or trade libelous, threatening or harassing content of any type
  • file sharing music, software, bit torrents, video or pictures that contains copyright
  • proxy server software (any type) used to hide users IP or cache content
  • are discriminatory based on gender, race, age or promotes hate
  • contain any type of pornography or illegal drugs or substances
  • violate any Small Business Websites Australia policy posted on the Small Business Websites Australia site including, but not limited to, our Acceptable Use and Privacy Policy
  • contain viruses or other computer programming defects which result in damage to Small Business Websites Australia, it’s servers or any third party

Disk Space/Data Transfer.
The Client may occupy only the amount of disk space on the Small Business Websites Australia Server and utilize no more than the network data transfer that is allocated by Small Business Websites Australia. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

Spam Policy.
Client shall not use our Services for chain letters, junk mail, spamming, bulk mailing (more than 500 recipients) advertising or any use of distribution or mailing lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices using Small Business Websites Australia Servers or other infrastructure, or otherwise, that mentions or reference any domain hosted on Small Business Websites Australia servers or parked on Small Business Websites Australia DNS servers.

Server Loads.
Client agrees that any hosting account that uses excessive CPU or Memory resources (25% or more) for a sustained period of time (ten minutes or more) may be suspended at any time without notice. Small Business Websites Australia reserves the right to terminate sites that are repeatedly using excessive resources at any time with prior notification. Small Business Websites Australia will provide the offer to backup the clients data and FTP the tarball to the clients chosen destination server.

Licensed Software Only.
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.

Back-Up Files and Processing.
Small Business Websites Australia takes all reasonable steps to safeguard the Small Business Websites Australia Servers and the data contained there-in, however Small Business Websites Australia will not be responsible for any loss of Client data or DNS records stored or intended to be stored on the Small Business Websites Australia Servers and/or back-up devices. The Client will not be entitled to any form of compensation from Small Business Websites Australia in the event of loss of data. Whilst Small Business Websites Australia actively performs a variety of backups daily, there may be times when the backups fail or become unavailable. By acknowledging and signing your agreement you free Small Business Websites Australia from any legal action in the event of data loss and you agree that you will not be entitled to any form of compensation for said loss.

2. Domain Names
D
omain Name Applications
Domain names are subject to availability and as per policy of the respective Domain Name Authority. The client agrees to accurately provide all details to the best of their knowledge to assist with the application.

Domain Name Transfers
Domain Name Transfers can only be processed with the Domain Name Password (Auth-Info for .au & EPP for .com/.net etc). Australian Domain names (.au) due to expire within 90 days will be automatically renewed for a further 2 Year period and International Domains (.com/.net/.org etc) will be renewed for a further 1 year period. The clients accept that domain name transfers will be rejected if the domain name has been recently registered or transferred within the last 30 days or is in Domain Locked status. Domain Transfers will also be rejected if the Client Authorisation email sent by the registry is not responded to.
3. Payment Obligations
Service Fees.
Small Business Websites Australia shall produce an invoice which will be delivered to the Client by email with payment methods. All new accounts must be paid prior to the new account becoming active on our servers. Domain name registration fees must be paid upfront before the domain name will be registered. Small Business Websites Australia accepts no responsibility for domain names registered by another party prior to the Client paying the outstanding amount. On-going invoices will be issued fourteen (14) days prior to the due date. A reminder will be issued three (3) days prior to the due date. The account will be automatically suspended ten (10) days after the due date, and a notice will be issued advising of the suspension. Small Business Websites Australia shall be entitled to immediately terminate this Agreement thirty (30) days after non-payment or from failure to make timely payments. If Client terminates this Agreement in accordance with Section 5 hereunder, Client shall be responsible for any outstanding fees owed to Small Business Websites Australia and agrees to pay any and all fees incurred by Client. Because the Services are provided on an annual or monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month or year regardless of when Client provides notice of termination.  If Client has retained the Services for one (1) year and has pre-paid Small Business Websites Australia for such Services, partial refunds may be issued for part of the unused hosting period upon Clients request. Therefore, if the Client’s account is cancelled at any point during the one (1) year term, the Client may be entitled to a refund for some of the remaining hosting period.
Late payments.
Any payment not received within 10 days after due date may incur a late payment fee of $20. Customer also shall pay to Small Business Websites Australia all expenses incurred by Small Business Websites Australia 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 Small Business Websites Australia.
Taxes.
Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
Domain Names.
If Client chooses to register a domain name(s) through Small Business Websites Australia, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Small Business Websites Australia does not offer refunds for domain name registrations for any reason, including misspelling of the domain name. Domain name registration fees must be paid up front. Small Business Websites Australia accepts no responsibility for domain names registered by another party prior to the Client paying any outstanding amount.
4. Client Liability and Indemnification
Liability.
The parties agree that in no event shall Small Business Websites Australia be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Small Business Websites Australia from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
5. Terms, Termination & Reinstatement
Terms & Termination.
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis or annual basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation. Sections 3 – 8 shall survive termination or expiration of this Agreement.
Suspension.
If Small Business Websites Australia suspends any type of account for non-payment, Client shall be allowed to re-instate Client’s use of the Services within Five (5) business days of suspension upon approval from Small Business Websites Australia and the receipt of full payment of balances due.
Termination.
If a Client terminates their account, Small Business Websites Australia will disable and remove the account(s) the day the client specifies the cancellation to take place and all archives of the clients website(s) and files will be removed. Should the client be in arrears for 30 days or more, as per section 2, the clients site(s) may be terminated without further notice and Small Business Websites Australia will not maintain or provide an archival copy of the Clients Web site(s) or files of any type. It is the sole responsibility of the Client to backup and copy any data off the server prior to the date provided in their cancellation notice or termination date.
6. Taxes
Taxes.
Client will pay and indemnify and hold Small Business Websites Australia harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
7. Disclaimer of Warranty
Warranty.
The services, the Small Business Websites Australia, including without limitation, all products and services displayed or offered on the Small Business Websites Australia, and all text, graphics, links and applications are provided to client on an ‘as is’ basis and without warranty of any kind. Small Business Websites Australia disclaims all warranties, express or implied, with respect to each of the foregoing, without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement or arising from a course of dealing. Without limiting the generality of the foregoing, Small Business Websites Australia specifically disclaims any warranty that:

  • the services will be uninterrupted or error-free
  • defects will be corrected as soon as possible
  • there are no viruses or other harmful components
  • the security methods employed will be sufficient

8. Limitation of Liability
Limitations of Liability.
In no event shall Small Business Websites Australia be liable for damages resulting from loss of data, profits, use of the Small Business Websites Australia site or any Small Business Websites Australia 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. In no event shall Small Business Websites Australia cumulative liability exceed an amount greater than one hundred dollars ($100.00).

This Agreement is made under and shall be governed by the laws of Australia, except with regard to it’s conflict of law rules. This Agreement and Small Business Websites Australia’s policies are subject to change by Small Business Websites Australia without notice. Continued usage of the Services after a change to this Agreement by Small Business Websites Australia or after a new policy is implemented and posted on the Small Business Websites Australia constitutes your acceptance of such change or policy. We encourage you to regularly check the Small Business Websites Australia Site for any changes or additions.