8WEB Terms & Conditions plus Privacy Policy
Quote from 8WEB
To begin with, 8WEB will give you the quote for the total cost of your website project. If you are happy with the quote, we ask you to pay us the initial deposit (explained below).
Initial Deposit
For 8WEB to get started on your website project, you will need to pay 8WEB a $2,200 (incl.GST) non-refundable deposit. You will receive the invoice for this together with the Website Checklist, a document designed to assist you and us with the planning of your website project.
Once your deposit is received, our first client meeting is organised, either face to face, or over the phone, or Skype. In this meeting, we will discuss the Website Checklist and collect details that will ensure that your new website will meet your business needs, and personal preferences.
Our bank account details are:
8WEB
BSB: 611000
ACC: 900060567
Alternatively, you may use PayPal:
8WEB Website Deposit $2,200 (incl. GST)
Hosting Charges
Before the work on your website can start, you must pay for the hosting of your website @ 8WEB. For most sites, Australian hosting as a minimum will include 1 GB of space and 5 GB of web traffic per month. For other more demanding hosting please choose our VPS service. You can choose to pay on invoice 1 year ahead or via PayPal automatic monthly subscription. We do not charge extra for the monthly payment option. Whether you pay via direct deposit, EFT, or PayPal, you agree to stay with us for a minimum of 2 (two) years.
8WEB runs a mix of Dedicated and Virtual Private Servers for 8WEB’ clients from Brisbane, as well as Sydney, Australia. This means that your website will be as fast & dependable as is possible resulting in superior user experience.
Website Content and Your Domain Name
You, the client, have to provide us with the content for your website, ie. text, photos, the logo files, and which pages they should be used for. You have to do this within 4 (four) weeks of paying your deposit to us. If you do not, you agree to forfeit the deposit. Please provide all files in digital high quality format. For the logo we prefer layered files with transparent background. If you are unsure about this, we can explain this in more detail over the phone.
At this stage, we will ask you what domain name(s) you would like 8WEB to register in your name. If you have one registered already, you will have to provide us the login details to your domain name, so we can adjust the Domain Name Server (DNS) records. To be able to continue to manage your domain name effectively, we recommend to transfer your domain name to our registrar of choice.
Client Agreement
Please note, that upon making your initial deposit payment, you demonstrate your agreement with our terms and conditions as they appear here, unless we have expressly varied them to you in writing, and shows that you have entered into a Client Agreement between you and 8WEB (in other words, you are giving us the job of making you a website).
Building the Site and Final Round of Changes
8WEB will proceed to build your website, provided you have supplied us with the website content needed for the job. Once complete, we will ask you to review it for Final round of changes, which we will act upon. At this point we will invoice you for the remainder of the total cost of your website project, which will be payable immediately.
Upon receipt of your final payment, the website will go LIVE, and we will organise a training session with you or your staff over the phone, or face to face, for a maximum of 1 hour. During this training session, we will explain basic maintenance and minor updates, such as blogging, for your website. We will supply all the required user passwords for this purpose.
iPad / Android / Windows Tablet / Other Device Compatibility
8WEB, as a general rule, builds websites that are responsive (ie. provide an optimal viewing experience across a wide range of devices from desktop computer monitors to mobile phones). However 8WEB will not guarantee FULL compatibility across ALL devices, and will only address issues raised by clients at an additional cost.
8WEB Support Rates
8WEB support rates are normally charged in half hour blocks at the published rate on this website.
There is an option to save 40% on the cost of this support, if you were to pre-pay for it via PayPal yearly subscription. The PayPal yearly subscription includes 10 half hour blocks (equal to 5 hours), is valid for 12 months from the date of purchase. This subscription can be cancelled at any time. Please note that any remaining credits will expire at the end of the 12 month period. However, unused and expiring credit will normally be applied as credit to your hosting account with 8WEB.
If paying via PayPal is not convenient, 8WEB pre-paid support invoice can be issued manually.
Photography
You agree that if you are to receive digital photo files from 8WEB that were produced specifically for your website, you will ONLY use them on your website. For all other photo file uses, such as offline print, or online marketing on other websites, you must receive 8WEB written permission for such use, as the copyright of these images remain with 8WEB and the photographer that took them. Additional fees may also apply.
You agree that 8WEB as well as the photographer used by 8WEB can use any photographs taken during the clients'(your) photo shoot in promotional material (web, email, or printed) for themselves.
Failure to Pay 8WEB invoice(s)
All invoices by 8WEB are payable by the DUE DATE that is clearly marked on each invoice. 8WEB will generally send out these invoices in a timely manner, and if at all possible, will aim to give it’s clients two (2) weeks notice before they are due. In a case, where such early notice is impossible or unpractical, for whatever reason, the invoice will need to be paid by the DUE DATE nonetheless. Please be aware that if paying by EFT, you have to make the payment 24 to 48 hours before the DUE DATE, so that the funds can reach 8WEB account on time.
If the invoice payment becomes OVER DUE for whatever reason, 8WEB reserves the right at its sole discretion to:
1. suspend any website hosting account, including email address(es), that are associated with the invoice non-payment. In such instance, 8WEB will not be held responsible for any loss of data or income past or future, if the website account suspension is due to the invoice non-payment by it’s DUE DATE; and/or
2. impose late payment fees of $38.50 incl.GST for each OVER DUE invoice, no more than once a month.
The late payment fees, if such were to be issued, would be invoiced separately, no more than once a month, and be DUE IMMEDIATELY. If the OVER DUE invoice, together with late payment fees, remains OVER DUE and not paid into the next calendar month, another set of late payment fees of $38.50 incl.GST will be invoiced and payable now for that month, and so on, and so on, until the OVER DUE account is settled.
If the automatic debit, or PayPal automatic subscription payment defaults (for whatever reason, including insufficient funds), it is automatically reprocessed within four (4) calendar days and will continue to be reprocessed until paid. Failure to pay your monthly hosting fee within thirty five (35) calendar days will result in the suspension of your website and email accounts until full payment has been received.
Please be aware that failure to rectify overdue invoices within thirty (30) calendar days, may result in referral for debt collection and legal proceedings. 8WEB clients, including those paying via PayPal or by automatic debit agree to pay all PayPal, bank, reference, debt collection or legal fees associated with any default or legal proceedings to recover OVER DUE invoices, late payment fees (if such were imposed), and any other outstanding fees or moneys rightfully owing to 8WEB.
Domain Name Renewals Managed by 8WEB
All clients of 8WEB agree for 8WEB to manage the renewals of their domain names in a timely manner, and renew the registration of the domain names up to 90 days before their expiry, or as and when they fall due, if early renewals are not possible. Clients (YOU) also agree that the renewal period will always be for 2 years, and that as clients of 8WEB (YOU) agree to pay 8WEB the corresponding fees for such renewals as found and published on 8WEB website.
To minimise issue of small invoices where possible, 8WEB will use issued pre-paid support credit as payment for the domain renewal when it falls due.
8WEB Hosting Cancellation Terms
Cancellation of hosting in the first 2 (two) years is possible only by paying out the outstanding term.
8WEB Hosting Suspension
In some circumstances, upon your request, 8WEB can agree to suspend your Hosting and the associated charges for a maximum of 3 months.
Hosting Refund Requests
8WEB establishes and maintains hosting services with the expectation that customers have made an informed decision about their requirements. These activities have a tangible financial cost to 8WEB in terms of both time and resources. It is for these reasons that 8WEB requires for hosting to be cancelled prior to renewal of the new term. Once the hosting is renewed no refunds will be offered.
8WEB Hosting Suspension due to abuse of 8WEB Hosting services
8WEB reserves the right to suspend and/or cancel it’s hosting services provided to any of it’s clients, if 8WEB finds cases of abuse and/or misuse of 8WEB Hosting. Under such circumstances, the suspension and/or cancellation of hosting services may take place without warning, and at total discretion of 8WEB. As a general rule, 8WEB will endevour to contact the client concerned via email or phone number provided previously, to inform them of the account suspension and to explain what needs to be done to restore the suspended account, if the client wishes it to be so.
If 8WEB is unable to successfully contact the client or the client refuses to remedy the situation upon 8WEB’ advice (including, but not limited to, by not replying to 8WEB emails), 8WEB will be deleting the account in question thirty (30) days after it’s suspension.
Updates to WordPress software, and other plug-ins
From time to time WordPress releases new updates, and some of them are of the security nature. So when WordPress releases the update, whoever is in charge of the back-end should apply the updates as soon as possible. However no one can guarantee that the updates will not result in a conflict between the WordPress core files, and the theme of the website, or some of the plug-ins used in the website; causing your website not to work properly.
We would like to assure you that most such conflicts can be resolved by some minor adjustments. However each case is different, and we simply cannot guarantee anything. If you require us to help you with such an occurrence, you will be charged our current support rates.
The same goes for any of the plug-ins that we used in any of the websites. If the security update for a plug-in causes a conflict, and you require us to help you with such an occurrence, you will be charged our current support rates.
Security of Our Dedicated Server Hosting
From the end of 2011, we have permanently hired the services of a security admin consultant, who is in charge of our Dedicated Server in Brisbane, NSW Australia.
Our hosting as it is now, has been configured in as safe a way as possible, as well as being fire-walled. The set up follows highest industry standards, and is there to prevent malicious hacking attacks. Having said that, we are not able to guarantee 100% security, and would like to draw your attention to the fact that if such an event (like a malicious hacking attack, denial of service attack or something similar) was to take place, we are not liable for any damage done to your website, or any other files we host for you, as well as any damage caused to your business, that is a direct or indirect consequence of such an event.
Release of Liability
You agree to release us of any liability, if any updates to WordPress, WordPress theme, and/or plug-in cause (including through software conflict) damage or disruption to your website of any kind. In that case you agree, that we are not liable for any damage done to your website, or any other files we host for you, as well as any damage or disruption caused to your business, that is a direct or indirect consequence of such an event.
You also agree to release us of any liability, if a malicious hacking attack, denial of service attack or something similar was to take place, and cause damage or disruption to your website of any kind. In that case you agree, that we are not liable for any damage done to your website, or any other files we host for you, as well as any damage or disruption caused to your business, that is a direct or indirect consequence of such an event.
Moving The Website
After the launch of the website, the client must remain with 8WEB as their website hosting provider for a minimum of 2 (two) years. After the initial 2 (two) year period, a moving fee of $110 applies for clients wishing to have their website moved to another hosting provider. Upon payment of the fee, and upon your request, the admin login details to the website, plus FTP/cPanel account login details are provided to you (or your new hosting provider) to perform the transfer.
8WEB is not responsible for any loss of data during this process. 8WEB is not responsible for the actual transfer of the website, nor the re-setup of email accounts, all of which is your responsibility (or the responsibility of your new hosting provider). Upon payment of the fee, your website hosting account will be removed from 8WEB Dedicated Server after 20 (twenty) calendar days. It is your responsibility to make sure the account has been moved successfully during that period.
Also, if you had been paying for 8WEB hosting via PayPal subscription, it will be cancelled by us, upon removal of your website hosting account from 8WEB Dedicated Server.
8WEB Privacy Policy
We take our clients privacy very seriously. Under no circumstances will any personal or other information that we may hold about our clients be released to any 3rd parties.
The only exception to that being, if 8WEB is being asked to cooperate with law enforcement authorities in the investigation of suspected criminal violations.
Updates to these Terms and Conditions
From time to time, these Terms & Conditions may be amended, to reflect any changes that our services can undergo. These changes can happen without prior notice. It is your responsibility to be aware of the current Terms & Conditions as they are published here. Please bookmark this page for your reference.
Last updated on November 14th, 2018