Terms of Service

By purchasing a Web123 Website you confirm that you (the client) agree to adhere to these terms of service. These terms of service are legally binding and represent an agreement between you (the client) and Big Little Holdings (the provider/”Web123”). (Last updated 31 August, 2017.)

GENERAL TERMS OF SERVICE

  1. Web123 designs, builds and hosts websites and provides online and telephone support.
  2. The Client has the right to, title, and interest in a website containing intellectual property owned by the Client together with, but not limited to textual content, video and/or audio. Clients and Resellers acknowledge that any design created by Web123 or its resellers using the Web123 CMS templates remain the property of Web123 and cannot be replicated elsewhere. 
  3. The Client warrants Web123 to host its website unless otherwise advised in writing per the relevant notice periods.
  4. Web123 websites are built either in its own proprietary CMS platform or on an alternate open source CMS platform.
  5. This agreement shall take full force and effect as and from the date of the Client’s purchase of the website and upon making payment the Client is deemed to have read and understood these terms.
  6. Web123 shall supply to the Client all services necessary to effectively host the Client’s website and make available for a fee to the Client the services of Web123 to provide to the Client online support, telephone support for the ongoing administration and maintenance of the Client’s website hosted by Web123 in circumstances where the Client requests such support.
  7. This Agreement may change from time to time. In the event that this Agreement changes, Web123 shall advise the Client in writing at least 30 days before the changes shall take effect. If the Client asserts that any changes to this Agreement show unfair bias against the interests of the Client in favour of Web123, the Client agrees to dispute the application of the changes in writing prior to the changes taking effect. In the event of a dispute the Client will either be provided with a written exemption from the specific changes within this Agreement that the Client asserts to be unfair, or if this is not possible the Client may at its option terminate this Agreement by giving 30 days’ notice to Web123 whereupon Web123 shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement. In the event Web123 are required to advise the Client of such a change of the Terms of Service or Costings Agreement, the Client may at its option terminate this Agreement by giving 30 days’ notice to Web123 whereupon Web123 shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement.
  8. Web123 have a Fair Use policy, and the Client upon executing this Agreement is deemed to have read and understood the Fair Use policy of Web123 and agreed to be bound by it.
  9. The Fair Use policy of Web123 may change from time to time. In the event this policy changes Web123 shall advise the Client in writing within 7 days of the change. In the event Web123 are required to advise the Client of such a change of the Fair Use policy, the Client may at its option terminate this Agreement by giving 30 days’ notice to Web123 whereupon Web123 shall charge for services rendered up to the date of termination of this Agreement which is to be paid in full by the Client on or before the date of the termination of this Agreement.
  10. Notwithstanding anything contained in the Fair Use policy of Web123 as set out in Clause 6 of this Agreement, the Client warrants to Web123 that it is the lawful owner of, or has permission from the lawful owner to publish all intellectual property published on its website that it has requested Web123 to host. In the event that the Client, in allowing Web123 to host its website breaches any law of, but not limited to any State or Territory of the Commonwealth of Australia and/or the Commonwealth of Australia, Web123 may terminate this Agreement without prejudice to the rights of Web123 to seek one or all of compensatory damages indemnities relating to liability incurred as a result of the Client’s aforementioned breaches.
  11. Web123 may terminate the Agreement without notice to the Client in the event Web123 becomes aware of any of the following:• Content on the Client’s website (including content generated by users of the Client’s website) that does not comply with the Fair Use policy of Web123 as set out above• Notwithstanding the terms of Fair Use policy of Web123 any matters that is either offensive and/or obscene, seditious, blasphemous, defamatory or inappropriate in the opinion of Web123• Repudiatory conduct as defined under Clauses 6.• Any outstanding invoices not paid to Web123 within the specified payment terms under Clause 6.
  12. The Client warrants to Web123 that it shall not by its conduct frustrate Web123 from hosting its website or withhold the necessary support to Web123 for the effective hosting of the website. Web123 shall not be liable for any interruption to the provision of the Client or the hosting services where an interruption is beyond the control of Web123 including but not limited to force majeur.
  13. Web123 warrant to the Client that 99.99% of the time in any given month the Client’s website will work when accessed from a browser with unrestricted access to the internet. In this Service Level Agreement the expression “availability” shall have the meaning of availability to users of the internet unaffected by local or network limitation.  Web123 shall not be liable for any losses in circumstances where the Client’s site is offline at any point reflecting a monetary sum beyond the sum required paid for hosting in that given calendar month.
  14. In the event Web123 terminates this Agreement as a result of any breach by the Client and withdraws its hosting services, whereby the Client’s web page is no longer hosted on the internet:•Web123 will not be liable for any loss or damage arising from the withdrawal of the hosting services from the Client.
  15. Should any breach be resolved and the Client desirous of reactivation of services, Web123 will charge a reactivation fee of no less than $299 including GST to cover Web123’s reasonable costs incurred as a result of the breach, to be paid in full before reactivation.
  16. Should a site be deactivated for a period in excess of 6 month for any reason a new website would need to be purchased at a cost to be advised at such time in accordance with current applicable pricing structures.
  17. Web123 will advise the Client of any foreseeable interruption to the hosting service, and provide up-to-date network status and service availability information at http://status.web123.com.au.
  18. The Client agrees to advise Web123 of any change of contact details. Web123 will not be liable for any consequences of tax invoices or other notices or documentation being sent to incorrect addresses as a result of a failure of the Client to provide notice of a change of said details, including deactivation of websites due to non payment of invoices.
  19. In this Agreement Web123 shall provide services to the Client for fees as advertised within the Web123 website at https://www.web123.com.au/service-schedule
  20. Web123 charges all fees upfront, in advance. Payment of website hosting and support fees are charged on the 1st of each calendar month, and payable via automatic credit card payment processing. For Clients wishing to pay via direct deposit an invoice for six or twelve months of ongoings will be issued to the Client no less than seven days before the due date. Any unpaid invoices will result in the suspension of all services as per Clauses 11 – 14 (above).
  21. Web123 reserves the right to increase ongoing fees related to the hosting and technical support of Client websites. Annual price increases may occur at any time in accordance with service package alterations and any changes in technology and the infrastructure required to maintain the Client’s website and/or email services.
  22. Web123 reserves the right to classify a project as ‘abandoned’ should no contact be made by the Client for three months or more. All abandoned projects will be archived for a further period of three months only, at which point the project will be purged from our servers and a new website package will be quoted in accordance with the current pricing structure.
  23. Any abandoned projects for which a deposit has been paid will not be refunded, and any work completed by Web123 remains the property of Web123.
  24. Any extra hours completed by Web123 beyond the initial deposit received, will be invoiced to the Client upon the project being marked as ‘abandoned’. Should the Client fail to pay this invoice Web123 reserve the right to engage its debt recovery agency to recoup monies owing on its behalf.
  25. Should additional changes be requested outside the scope of the project brief or allocated project hours are reached, additional fees will apply. Web123 warrants that an estimate will be provided for approval before any additional work is commenced. 

SERVICE PROVISION AND COSTINGS

  1. Web123 shall provide up to a maximum of 50GB data transit, per calendar month. Any additional data transit required shall be supplied and charged at $10 per GB.
  2. Web123 shall provide an ongoing support allocation inclusive in its regular ongoing costs with limits as defined under Clauses 6.1. Any support incidents raised beyond the terms of Clause 20-28 will be charged at a rate of $149 per hour including GST. Web123 reserves the right to waive additional charges for support at its discretion. The Client will not be charged for any support incidents determined by Web123 to be attributable to a problem with the underlying software or an error on the part of Web123.
  3. Web123 reserves the right to decline the provision of technical support if a Client has unpaid hosting, or other outstanding amounts for which payment has not yet been received.
  4. The Client warrants to Web123 and agrees to pay Web123 in full, in advance, at all times. No work will be commenced until payment has been received.
  5. Execute all documentation necessary to allow Web123 to directly debit from the Client’s credit card monthly charges for all and any products and/or work undertaken by Web123 for the Client.
  6. Availability of funds: Ensure that valid credit card details are supplied to Web123 prior to the first of each calendar month, with sufficient funds to make payment to Web123 for any monies due and owing.
  7. Should payment not be made by or on the due date of invoice, Web123 reserve the right to suspend any and all services and at its discretion charge a reactivation fee of $299 before reinstating these services.
  8. Should payment of any recurring monthly fees be declined where follow up from our Accounts Team is required for two or more consecutive months, Web123 reserve the right to charge the Client twelve months of website hosting in advance, in addition to a $99 administration fee for alterations made to the account.
  9. Make payment upon receipt of a tax invoice from Web123 for all charges including but not limited to website hosting, technical support, SEO, websites and marketing packages, which shall all be charged in advance.
  10. Make payments to Web123 upon receipt of a tax invoice from Web123 for excess charges for messages or data which shall be charged in arrears.
  11. Make payments punctually on the first of each calendar month in accordance with the billing periods which shall be based on calendar months.

CANCELLATION:

  1. In the event this Agreement is terminated by the Client, the Client agrees to pay to Web123 an amount to be costed on the basis of all services provided by Web123 that remain unbilled as at the date of termination. Any fees paid in advance for monthly hosting is non-refundable. 
  2. Provide to Web123 30 days written notification for any cancellation request, whereby the following calendar months’ hosting will also be charged as a final invoice. Notice must be provided by the account holder or a nominated representative (as identified by the Client) and clearly state the service to be cancelled, along with the date the cancellation is required to be actioned. If immediate cancellation is requested, Web123 reserve the right to charge the Client one calendar month’ s hosting (in addition to any current amounts owing) before actioning the cancellation request. If the cancellation cannot be actioned due to non-payment, monthly fees will continue to incur and notice will need to be provided again once the account is up to date. 
  3. In the event the Client is a corporation, the directors of the Client agree to be parties to this Agreement and guarantee the performance of the Client and further agree to assume each and every liability and obligation of the Client pursuant to this Agreement in the event of and as and when the directors of the Client are called upon to do so for whatever reason. The obligations of the directors of the Client include but are not limited to the payment of any and all tax invoices rendered to the Client by Web123.

FAIR USE, REPUDIATORY CONDUCT AND DISPUTES

  1. Dependant upon the ongoing care plan chosen, Web123 generally applies fixed limits to the amount of support we give to our Clients per Web123’s proposal. The Client understands that any support required over and above the allocated support will be charged in arrears at the end of each month, at an hourly rate of $149.
  2. The Client agrees to be bound by Web123’s Fair Use policy outlined in this section.
  3. The Client agrees not to engage in excessive contact, which includes but is not limited to:• Repeatedly asking for assistance with matters outside Web123’s control, responsibility, or remit, after Web123 has advised the Client that this is the case, including but not limited to: basic computer assistance, assistance with emails on devices other than a desktop, business advice or other technical assistance not related to Web123’s services.• Repeatedly and unreasonably asking for assistance with matters with which Web123 has previously provided training. The Client agrees to endeavour to understand the training they are provided.• Excessive phone calls or emails to the extent that it has a detrimental impact on our ability to service our other Clients.• Demands for assistance with non-urgent matters outside of Web123’s support hours where urgency is determined at the sole discretion of Web123.
  4. If Web123 determines that the Client is engaging in excessive contact, it will provide written notice to the Client of this determination, and the Client agrees that Web123 at its sole discretion may as a result undertake any or all of the following actions.
  5. Apply a restriction on contact time permitted with the Client.
  6. Invoice the Client for all or a portion of time spent on the phone, responding to emails and support tickets, and any other undertakings required to service the Client.
  7. Suspend and/or terminate the Client’s provision of services, not before a third warning has been given.
  8. Web123 agrees that notices of excessive contact must be provided within 30 days of said excessive contact and the determination can only be made on the basis of activity within the 90 days preceding the date the notice is issued.
  9. The Client agrees that any dispute it wishes to make to a notice of excessive contact must be provided in writing to Web123 within 14 days of the issue of the notice.
  10. The Client agrees not to engage in repudiatory conduct, which includes but is not limited to:• Abusive behaviour towards staff, agents, partners or directors of Web123, which includes threatening behaviour and/or speech.• Defamation of staff, agents, or directors of Web123, or of Web123 or related businesses.
  11. The Client agrees that in instances of repudiatory conduct, Web123 is entitled to immediately terminate this agreement without prejudice to its rights to seek one or all of compensation, damages, or indemnities relating to the conduct.