Terms of Use
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Who we are
1232web.com.au is owned and operated by 123 2 WEB Pty Ltd. Any reference within these Terms of Use to 'we' or 'us' or '123 2 WEB' or 'our' is a reference to 123 2 WEB Pty Ltd.
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What the Terms of Use cover
These Terms of Use cover your use of 1232web.com.au and any websites that have been developed by the 123 2 WEB team.
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Jurisdiction
These Terms of Use are governed by the laws in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any disputes.
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Acceptance of Terms of Use
The customer must accept these terms of use prior to signing up for a 123 2 WEB website. By continuing to use 1232web.com.au and/or the customer website it is agreed that the customer is keeping themselves up to date with any changes to these Terms of Use and is accepting those changes. If the customer does not accept any of the Terms of Use they should contact 123 2 WEB immediately and stop using the websites until the issue has been resolved.
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Terms subject to change
These Terms of Use are correct as at 10th January 2011. The Terms of Use are subject to change at any time – the customer should check the 1232web.com.au website for the most current version.
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Immediate suspension for breach of terms
The customer agrees that if any of these Terms of Use are breached by the customer then 123 2 WEB will immediately upon becoming aware of the breach suspend the customer’s website.
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Ownership of websites
All websites produced by 123 2 WEB remain the property of 123 2 WEB. Websites are provided to customers on a monthly rental basis only. If a customer cancels their 123 2 WEB agreement 123 2 WEB is under no obligation to transfer any code or content from the 123 2 WEB site to the customer.
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Hosting of websites
All hosting of 123 2 WEB websites is managed by 123 2 WEB. It is not possible to transfer sites to other hosting facilities.
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Privacy
Our privacy policy is shown separately on this website. This policy covers your visit to this site or any other related 123 2 WEB websites.
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Copyright
All websites produced by 123 2 WEB and any coding programming or intellectual property used to create those sites is the property of 123 2 WEB except where copy or images have been provided by the customer.
The customer agrees not to utilise any content in their website for which they do not have rights to the intellectual property.
Any images that have been purchased by the customer for use within the website are purchased specifically for the single use of being used within that website. Consequently these images cannot be transferred to the customer post cancellation.
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Website usage
The customer agrees to NOT use the website for the following purposes;
- Publish or distribute pornographic images or images that are sexually explicit.
- Distribute spam emails.
- Publish or sell any content that breaches Australian copyright law.
- Collect or publish information that breaches Australian privacy law.
- Publish any content that intimidates, threatens, defames, harasses or in any way harms other entities or people.
- Operate an illegal business that is in breach of any laws within any of the territories within which the business is operating.
- Publish or distribute any computer viruses that are intended to harm a third party's computer system or to gather information from a third party.
- Terrorist activity or inciting racial hatred.
- To impersonate others, to build mailing lists, to solicit information from a third party without the consent of the third party.
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Cancellation
123 2 WEB reserves the right to immediately suspend a website where these Terms of Use are breached. If the breach is related to illegal activities 123 2 WEB will contact the relevant authorities to report the breach.
Customers are entitled to cancel their 123 2 WEB service at any time. Upon cancellation the customer’s website will be removed from the 123 2 WEB server immediately and the customer will be billed for the number of days used within that current month.
123 2 WEB reserves the right to cancel a 123 2 WEB service at any time by giving the customer 60 days notice of that cancellation.
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Limitation of liability
The 123 2 WEB website and any websites provided to customers by 123 2 WEB are provided on an ‘as is’ basis. To the extent permitted by law and except as expressly provided to the contrary in these Terms of Use, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Terms of Use or to these Terms of Use generally, are excluded.
Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in these Terms of Use. However, the liability of 123 2 WEB for any breach of such term shall be limited, at the option of 123 2 WEB, to the total amount that has been paid to 123 2 WEB by the customer.
To the extent permitted by law and except as expressly provided to the contrary in this Agreement, 123 2 WEB shall not be under any liability (contractual, tortious or otherwise) to the customer in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of the website services pursuant to these Terms of Use or the act, failure or omission of 123 2 WEB.
123 2 WEB will assist customers in linking the 123 2 WEB shopping cart within the customer’s website to the customer’s bank or credit card facility provider. 123 2 WEB does not accept any liability or provide any warranty in relation to the correct operation of that bank or credit card facility provider's systems or its availability. In addition, 123 2 WEB does not provide a warranty in respect of any fraudulent use of credit cards within the third party provider’s website or the customer’s website or fraudulent use by individuals using the customer's shopping cart.
123 2 WEB will work with its suppliers to minimise any downtime on the 123 2 WEB website or customer websites, however due to the fact that we cannot guarantee the performance of our own suppliers and that downtime is necessary on computer systems for software and hardware upgrades, system maintenance or repairs we do not warrant that the customer will have uninterrupted access to either site.
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Payment
123 2 WEB only accepts payment by Visa or Mastercard and customers must provide a standing order authority which will be used until the customer cancels.
All billing by 123 2 WEB is done in advance. The first charge to the customer will be processed after the customer has accepted the website. Subsequent monthly payments will then be processed on the same day (the monthly anniversary) in each subsequent month.
A tax invoice will be provided monthly by email once the credit card charge has been accepted.
If a credit card charge is rejected by the customer's bank 123 2 WEB will contact the customer to arrange for payment. If payment has not been received within a further 14 days, 123 2 WEB will remove the customer’s site from the internet until payment has been received.
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Bandwidth usage and storage
All websites created by 123 2 WEB are entitled to use up to a maximum of 5GB of monthly data transfer for business sites and 10GB for shopping cart sites. Any usage in excess of these allowances will be charged at AU$10 per GB per month.
All websites created by 123 2 WEB are entitled to use up to a maximum of 250MB of disk space for business sites and 1GB for shopping cart sites. Any usage in excess of these allowances will be charged at AU$0.25c per MB per month.
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Customer support
123 2 WEB will work with the customer to create a website that is acceptable to the customer. Once the site has been launched and is active on the internet 123 2 WEB will provide up to two hours customer support per month by telephone or email. Any additional support required in excess of the two hours will be charged at a rate of AU$85 per hour.
Each customer is allowed to change the design of their website once following each 2 year anniversary as a customer. Any requests to change design before the 2 year anniversary will be charged to the customer on a time and materials basis at AU$85 per hour.
If customer support is required due to the customer upgrading their package or is related to a 123 2 WEB problem then 123 2 WEB will provide unlimited support at no cost to the customer.
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Email usage
123 2 WEB provides email facilities to customers on a reasonable u sage basis. Each customer is set up with a mailbox limit of 50MB. It is the customer’s responsibility to manage their own mailbox to ensure that they do not exceed this limit.
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Use of website image for promotional purposes
The customer accepts that 123 2 WEB will occasionally use images of customer’s websites on the main 123 2 WEB website and within marketing material used by 123 2 WEB for promotional purposes.
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Third party websites
The 123 2 WEB website may contain links to third party websites. In addition, customer websites that have been developed may also contain links to or from other third party websites or API’s from other third party websites including but not limited to third party credit card processing facilities, Linkedin, Facebook, Google and Twitter.
123 2 WEB accepts no responsibility for the performance or operation of any of these third party sites and accepts no responsibility for any content displayed by those sites.