The client is aware and has agreed to the following conditions of this sale:

GENERAL CONDITIONS

• A 10 day cooling off period applies to this agreement from the date of purchase.
• Domain name registration and hosting are valid for the selected period on this sales order form valid from the date of sale and paid via direct debit on a monthly basis. Please note it is the client’s responsibility to ensure that sufficient funds are available for withdrawal each month.
• Any dishonour fee charged to Media Web Design that is a direct result of lack of funds in the client’s bank account will be charged back to the client.
• Should the client need to terminate their web hosting agreement, they must give Media Web Factory a minimum of 30 days notice.
• To maintain securirty and integrity of Media Web Factory's hosting infrastructure, Media Web Factory reserves the right to withhold client access to the server at all times, with no exceptions.

DEFINITION OF HOSTING PLANS

• Economy Hosting Pack - This website hosting pack does not allow any changes to the website to be made without incurring additional charges. If changes are required to be made to the website whilst hosted on this plan, they are to be done so on the hourly rate of $80 per hour (+ GST).
• Premium Hosting Pack - This website hosting pack allows 1.5 hours of changes to the website per month. The website developer will inform the client when the changes have exceeded the time allowance of 1.5 hours. Any remaining changes can either be left for the following month, or can be completed during this month at a discounted hourly rate of $70 per hour (+ GST). The client is given the opportunity to decide which process is appropriate.

CHANGING OF HOSTING PLANS

The client can change from one hosting plan to another, provided that Media Web Factory receives 30 days written notice. The adjustment of hosting plans does not incur any additional fees except in cases where:

• The client has failed to give 30 days notice;

FREE WEBSITE

Upon clients acceptance to purchase our free website package, the client also accepts the following conditions:

• This website is sold on the proviso that the client will host their website with Media Web Factory for a minimum of 3 years.
• The client can choose to host the website on our Economy hosting pack (no monthly changes) at a total of $19.91 (incl. GST) per month for 3 years or on our Premium Hosting pack (1 x lot of 1.5hrs of tech time changes per month) at a total of $32.98 per month (incl. GST) for 3 years.
• The Monthly costs mentioned above can alter based on any monthly hosting discount special that client decides to take advantage of that Media Web Factory Pty. Ltd. may run from time to time.
• Client accepts that it is not the responsibility of Media Web Factory Pty. Ltd. if the Client decides not take any Monthly Hosting Discount Specials run from time to time.
• Client agrees not to hold Media Web Factory Pty. Ltd. responsible for their failure to not choose to add any Monthly Hosting Discount Specials to their final purchase.
• It is the Client’s decision to select any Monthly Hosting Discount Specials run by Media Web Factory Pty Ltd at the time of purchase.
• Client’s Choices on the Tax Invoice are final after the expiration of the 10 day cooling off period that is governed by the Tax Invoice date.
• The date of the commencement of the 3 year term begins 4 weeks after the completion of the 2nd in-house appointment.
• Should the client wish to exit from the 3 year contract prior to the website going live to the internet a $0.00 exit fee will apply.
• Should the client wish to exit from the 3 year contract after the website has been completed and live on the Internet, a $729 exit fee will apply.

WEBSITE DEVELOPMENT PROCESS

• Media Web Factory reserves the right to charge additional fees should the scope of the project change throughout the process of completion.

REFUND POLICY

Media Web Factory reserves the right to exclude any fees it deems necessary from a refund issued to the client. Media Web Factory sees this happening in the following scenario:

• At the final viewing stage, when the client exceeds their right of one session of corrective changes to the website before the client approves it to go live; or
• The client refuses to sign the ‘Authority to go live’ form.

In this case, Media Web Factory will issue a refund minus the original hours and cost of purchasing the domain(s) (if applicable) that were set aside for the relevant package that this occurs in. The following refund structure will take place:

• Free Website - $0 withheld from refund
• $99 Start Up Website - $99 withheld from refund
• $199 Start Up Ecommerce Website - $180 withheld from refund
• Economy Website - $240 withheld from refund
• Super Value Website - $240 withheld from refund
• Premium Website - $360 withheld from refund

* The domain name remains the property of the client. Upon refund, the client will also be provided aceess details to their domain(s) whereby they have free control to access or move to another provider.

WEB CONTENT

• It is the client’s responsibility to provide the website content (this encompasses all text, photographic and graphic images) within an agreed timeframe nominated by both parties. Unless, the client has opted to use Media Web Factory copywriters, graphic designers and photographers.
• The client acknowledges that services such as copywriting, graphic design, photography and consulting are considered additional services and not part of the Media Web Design standard design and hosting packages and the client will incur additional costs if they choose to use these services.
• It is the client’s responsibility to ensure that all written content provided has been written by the client or specifically written for the client for use on their website and has not been copied or used without written permission from any other website or written media.  It is the responsibility of the client to obtain permission.
• It is the client’s responsibility to ensure that any graphic images or photographs have been obtained legally. Legally means purchased from or the client has permission to use these image on the website by the owner of the image.
• The client will be held solely responsible and liable for any legal action that may result from the use of any unauthorised images or text that appears on their website.
• The client understands and agrees that it is their own responsibility to make sure that all content submitted to Media Web Factory for specific use on the client’s web site has been obtained legally and complies with all current copyright laws.
• The client acknowledges that work on the website cannot commence until:
  • All web content has been submitted to Media Web Factory by the client.
  • The client has given final approval for content to be added to the website.
  • Any additional changes after final approval has been made will take an additional 7 days to process.
  • Additional charges will apply if a client requests any additional animations, sound effects or video footage that was not part of the original agreement.

Cancellation of Website Hosting

If the client has not purchase a Free Website, the client can cancel their hosting at any time by providing a written request 30 days prior to the termination of hosting.

If the client has purchased a Free Website and would like to cancel within the three year hosting contract term, the client must pay for the total amount remaining for the three year term of hosting.

If the client has purchased a Free Website and would like to cancel after the completion of the three year hosting contract term, the client is able to cancel their hosting by providng  a written request 30 days prior to the termination of hosting. No additional charges will apply to clients who have surpassed the three year hosting contract term.

The client understands that the website will remain the property of Media Web Factory until the all payments owing to Media Web Factory have been finalised.

Direct Debit

Media Web Factory Pty. Ltd. chooses to use Ezi Debit Pty. Ltd. to process the direct debit payments for the following reasons:

1. Using direct debit removes administration costs inolved sending invoices and chasing up late payments
2. Ezi Debit has taken all steps required to ensure they comply with anti money-laundering laws and other sensitive laws involving the acceptance of payment details and sensitive information
3. Using Ezi Debit removes the necessity of paper billing, thus reducing greenhouse gasses.

Direct Debit Terms of Media Web Factory Pty. Ltd

1. The sale of all our websites comes with the condition that Media Web Factory will also host this website through either its economy hosting pack or premium hosting pack and that our direct debit forms will be filled out for our monthly debit.
2. The client will ensure sufficient funds are available within the nominated account during the time the payment is processed
3. The client agrees to pay any outstanding fees following an incomplete transaction
4. The client agrees that their hosting account can be suspended during the time that the incomplete payment has been made
5. Ezi Debit is the only form of hosting monthly hosting payment method that Media Web Factory pty is choosing to accept. The client understands and is willing to comply with our payment terms at the point of purchasing any of our products or service.A
6. Accepted forms of payment for website hosting are: Mastercard, VISA, American Express, Direct Debit from Bank Account.
7. Media Web Factory will charge a processing fee of 2.2% for all VISA/MASTERCARD transactions and 4.4% for AMEX/DINERS transactions. No charges will be made for transactions made from bank accounts.

Direct Debit Terms of Ezi Debit Pty. Ltd

I/We hereby authorize Ezi Debit Australia Pty Ltd (ACN: 096 902 813) Direct Debit User ID number 165969 (herein referred to as Ezi Debit) to make periodic debits on behalf of the “Business” as indicated on the front of this Direct Debit Request (herein referred to as the Business)
I/We acknowledge that Ezi Debit is acting as a Direct Debit Agent for the Business and that Ezi Debit does not provide any goods or services and has no express or implied liability in regards to the goods and services provided by the Business or the terms and conditions of any agreement with the Business.
I/We acknowledge that the debit amount will be debited from my/our account according to the terms and conditions of the agreement with the Business.
I/We acknowledge that bank account and credit card details have been verified against a recent bank statement to ensure accuracy of the details provided. If uncertain you should contact your financial institution.
I/We acknowledge that is is my/our responsibility to ensure that there is sufficient cleared funds in the nominated account by the due date to enable the direct debit to be honoured on the debit date. Direct debits normally occur overnight; however transactions can take up to three (3) business days depending on your financial institution.
I/We acknowledge and agree that sufficient funds will remain in the nominated account until the direct debit amount has been debited from the account and that if there are insufficient funds available, I/We agree that Ezi Debit will not be held responsible for any fees and charges that may be charged by your financial institution.
I/We Acknowledge that there may be a delay in processing if:?1) There is a public or bank holiday on the day, or any day after the debit date?2) A payment request is received by Ezi Debit on a day that is not a Banking Business Day?3) A Payment request is received after normal Ezi Debit cut off times, being 4pm QLD time Monday to Friday.?Any payments that fall due on any of the above will be processed on the next business day.
I/We authorise the Business to vary the amount of the payments from time to time as provided for within the Business agreement. I/We authorise Ezi Debit to vary the amount of the payments upon instructions from the Business. I/We do not require Ezi Debit to notify me/us of such variations to the debit amount.
I/We acknowledge that the business is to provide 14 days notice if proposing to vary the terms of the debit arrangements.
I/We acknowledge that variations to the debit arrangement will be directed to the Business.
I/We acknowledge that any request to stop or cancel the debit arrangement will be directed to the Business.I/We acknowledge that any disputed debit payments will be directed to the Business. If no resolution is forthcoming you are advised to contact your financial institution.
I/We acknowledge that if a debit is returned by my/our financial institution as unpaid, I/We will be responsible for any fees and charges for each unsuccessful debit in addition to any financial institution charges and collection fees, including and not limited to any solicitor fees and collection agent fees appointed by Ezi Debit.
I/We authorise Ezi Debit to attempt to re-process any unsuccessful payments as advised by the Business.
I/We acknowledge that if specified by the Business, a setup, variation, SMS or processing fees may apply as instructed by the Business.
Credit Card Payments?I/We acknowledge that “Ezi Debit Australia” will appear as the business name for all payments from credit card. I/We acknowledge and agree that Ezi Debit will not be held liable for any disputed transactions resulting in the non supply of goods and/or services and that all disputes will be directed to the business as Ezi Debit is acting as a 3rd party payment provider. I/We Acknowledge and agree that in the event that a claim is made, Ezi Debit will not be liable for the refund of any funds. Ezi Debit will keep your information about your nominated account at the financial institution private and confidential unless this information is required to investigate a claim made in it relating to an alleged incorrect or wrongful debit, or otherwise required by law. Further information relating to Ezi Debit’s Privacy Policy can be found at www.ezidebit.com.au
Credit Card Fees are a minimum of the transaction fee or the credit card fee which ever is greater.
I/We authorise:?1) The Debit User to verify details of my/our account with my/our financial institution?2) The Financial Institution to release information allowing the Debit User to verify my/our account details.

Website Hosting

General Conduct

1. Media Web Factory does not make websites for that sake of letting the customer host them where they want. Media Web Factory makes every effort to ensure that the hosting service provided is at a premium level to ensure your website and emails remain working at all times.
2. Customers are prohibited from transmitting on or through any of Media Web Factory’s services, any material that is, in Media Web Factory’ sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
3. Media Web Factory will only host websites that will be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of Australia or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Media Web Factory reserves the right to remove such illegal material from its servers.
4. The customer is responsible for keeping his billing data with Media Web Factory up-to-date and accurate. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.
5. The customer will not receive a monthly Tax Invoice for the monthly hosting services. The customer will use the the Direct Debit Form as a proof of monthly debit to be used for accounting purposes.

System and Network Security

1. Customers will not be provided access to  Media Web Factory’s web servers for any reason other than accessing their emails.
2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes any attempts to "crash" a host.
3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
4. Users who violate systems or network security may incur criminal or civil liability. WSO will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

Email

1. Harassment, whether through language, frequency, or size of messages, is prohibited.
2. Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the customer must not send that person any further email.
3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
4. Malicious email, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.
5. Forging of header information is not permitted.
6. Media Web Factory accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
7. A web address (URL) or an e-mail address associated with Media Web Factory or Customers Media Web Factory account may not appear in any message whether sent from a Media Web Factory server or from another Internet Service Provider where this message violates this Acceptable Use Policy or the Acceptable Use Policy of that other provider.
8. A "clean-up" fee of up to $500 may be imposed for parties that engage in spaming or unsolicited e-mail activities that violate the above policies.