Privacy Policy
General file protection
All contained files have been checked for all known viruses by the latest available AVG antivirus software delivered through Sydney Web Experts. For further information visit http://www.avg.com/ or alternatively call AVG, for details on the Virus Scanning Service.
Important:
The contained files are intended for promotional use of Sydney Web Experts, and may be confidential and/or legally privileged. No part of this website shall be copied, altered or reproduced as protected under (c)Law. registered 2002.
info@SydneyWebExperts.com.au
Agreement:
By submitting any forms using this website, Sydney Web Experts will ensure your details will not be distributed or resold as enforced by the Privacy Act. However from time to time Sydney Web Experts may contact the submitter for marketing purposes. At any time if you wish to be removed from this List, please contact Sydney Web Experts via Email {info@SydneyWebExperts.com.au}.
As a visitor to this site, please be advised that a record of your visit will be made for statistical purposes only. The following information will be retained as part of that record:
your server address;
your top level domain name;
the pages you have accessed;
the documents you have downloaded, and;
the type of browser used
Collection of information:
Information that has been collected from any pages within this web site via on-line form, will only be used for the purpose for which it has been collected for. Submitted information will not in shape or form be disclosed to any entity for any other purpose.
Disclaimer:
While all reasonable efforts are taken to ensure that the material on this site is accurate, it is impractical to warrant the accuracy of all materials provided. Before relying on these materials in any important matter, you are advised to conduct such further investigations and verification as is necessary in the circumstances.
For more information please contact Sydney Web Experts: info@SydneyWebExperts.com.au +61 2 02 80024003 or Email:info@SydneyWebExperts.com.au
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Terms and Conditions
The Sydney Web Experts website is owned and operated by Sydney Web Experts. By using the website, you agree to comply with the terms and conditions listed on this web page and elsewhere within the (“Conditions of Use”). Sydney Web Experts may amend the Conditions of Use from time to time without prior notice.
Advertisements and Links to Third Party Sites
Sydney Web Experts website contains links to other third party websites. These websites are not within the control of Sydney Web Experts and Sydney Web Experts makes no representations or warranties about the accuracy and completeness of content of any other website which may be accessed directly or indirectly through the Network. Links are provided as a courtesy only and in no way should be interpreted as an endorsement by Sydney Web Experts. You acknowledge that you link to other websites entirely at your own risk.
Sydney Web Experts website also contains advertisements which contain links or which refer you to third party websites. All third party advertising is paid for by the relevant third party advertisers and are not recommendations or endorsements by Sydney Web Experts or its partners of the products and services advertised. Please contact the relevant advertiser for all information regarding the advertiser and its products or services.
Non-Sydney Web Experts advertisements may contain representations or offers by advertisers which you can accept by linking to the advertiser’s website and accepting the advertised offer. Such offers are not made by Sydney Web Experts, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase from that third party website.
Contributions
By sending any information, comments, suggestions or other material (“Postings”) to the Sydney Web Experts website (including, without limitation by posting messages or sending emails) you grant to Sydney Web Experts a perpetual, non-exclusive, royalty free, irrevocable, worldwide licence to do the following in respect of the Postings :
(a) use, reproduce, publish, adapt, edit, publicly perform, broadcast, transmit or communicate to the public: and
(b) sublicense the rights granted in paragraph (a) above to any third party and you agree that you will not be entitled to any remuneration (whether monetary or otherwise) in respect of exploitation of the Postings by Sydney Web Experts (or any licensee). You also give Sydney Web Experts (and its licensees) a general consent to do all the aforementioned acts in relation to the Postings without infringing your moral rights or any equivalent rights wherever in the world subsisting.
General
These Conditions of Use are governed by and will be construed in accordance with News South Wales law, and you hereby submit to the exclusive jurisdiction of that State in connection with disputes arising out of these Conditions of Use.
These Conditions of Use comprise the entire agreement between you and Sydney Web Experts in relation to its subject matter. If any provision of these Conditions of Use is found to be invalid or unenforceable in any jurisdiction then such invalidity or unenforceability will not affect the remainder of the Conditions of Use will continue in full force and effect.

1 Web Hosting
This entire clause 1 relates to the Web Hosting Product.
1.1 Representations by us
1.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that
Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause 1.1.2;
You can only expect Services in accordance with the terms of this Agreement, and
In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause 1.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.
1.1.2 Setup
It is your responsibility to ensure that any applied hosting package application is completed and activated ready for full use. Quoted times for account activation are estimates and we do not guarantee or imply activation within the quoted time frame. We may delay or refuse activation if:
Payment is not cleared or received in full.
We believe the order, information or payment is fraudulent.
You have any funds outstanding with relation to any other account.
The domain name quoted does not exist, is in a non-usable state (e.g pending renew) or deemed to be proposed for use that voids our Acceptable Use policy.
There is any other reason which we deem satisfactory.
We may send notification of hosting activation however:
Your contact details must be correct and up to date.
This is not final word that your hosting is fully active and ready for use, you must ensure the hosting is fully functional.
You release us of any claim arising from failed hosting activation whether at fault of our system, our staff or any other factor out of our reasonable control.
1.1.3 Service Levels
We will endeavour to maintain network stability and satisfactory service levels, however you irrevocably agree that:
We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
1.1.4 Third Party Services
We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
1.1.5 Terms/Representations
We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare also review of flights with Tiger Airways and review of flights with Singapore Airlines). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
This is not an archival service. You are solely responsible for maintaining independent back-up copies of your emails. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.
1.2 IP Addresses
1.2.1 IP Address Upgrade
The IP Address upgrade enables you to obtain a unique IP address for your hosting account. This is traditionally used for custom DNS control or for separating your account from others on shared hosting services which share one single IP address.
1.2.2 Resumption of IP Addresses
You acknowledge and irrevocably agree that you must use at least 90% of the IP addresses that you have purchased, and that have been assigned to you, within 30 days of the date of assignment. Failure to utilise 90% of the IP addresses assigned to you may result in the unused IP addresses being reclaimed by us. You acknowledge and irrevocably agree that you release all rights that you may have to such reclaimed IP addresses in the event that the above occurs.
1.3 Refunds
1.3.1 Money-Back Guarantee Period
For the purposes of clause 1, the ‘Money-Back Guarantee Period’ refers to within the first sixty (3) calendar days of the applicable Services under clause 1 being purchased by you for the first time, and being from the date that the Service was provisioned with reference to the invoice creation date.
1.3.2 Agreement
You expressly and irrevocably agree that:
It is your responsibility to ensure that Services are utilized to their full potential;
It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us if your request for a cancellation of the Services has not been received by us within the ‘Money-Back Guarantee Period’. We reserve the right, subject to these terms and at our absolute discretion, to offer you;
An account credit; or
A refund;
in circumstances where a cancellation request has been received by us outside of the ‘Money-Back Guarantee Period’.
We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any Service(s) available at our website, and cannot be refunded or redeemed as cash credits under any circumstances. You expressly acknowledge that upon accepting, using, or otherwise receiving an account credit in your account, any entitlement you may have to cash credits in respect of your purchase under a Money-Back Guarantee is waived and ceases with immediate effect.
We may choose, on your request to downgrade an account however no refund or account credit will be applied if:
We have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided; or
You have made your request outside of the ‘Money-Back Guarantee Period’.
You are liable to pay any administrative costs incurred by us as a result of refunding any Service outside of the ‘Money-Back Guarantee Period’;
Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where we:
Determine that you have not claimed your refund in strict compliance with clause 1.3.3;
Determine that Service on the claim has been used illegally or outside the terms of service (including but not limited to spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, such as a website being compromised due to a vulnerability of an application installed by the user);
Believe you have breached your agreement with the terms of this Agreement in any way;
Have sent communication to you, and we do not receive a response to our communication within 1 week of us transmitting such communication to you; or
Believe the request is fraudulent.
We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and
You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from Services, and you have breached your agreement with clause 1.1 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
1.3.3 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly, via email to us:
request a cancellation of your Services; and
request a refund or account credit (and provide reasons for the request).
In order to receive a refund under a Money-Back Guarantee, we must receive your email within ‘the Money-Back Guarantee Period’. You understand that it is your responsibility to ensure that we have received your email within this timeframe.
Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for any refund or account credit is subject to your compliance with, and subject to in any case the entirety of the terms of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available on our website.
1.4 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
You have any outstanding invoice or account.
Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
You fail to comply with any provision in this agreement or those referenced in this agreement.
There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 1.2.
If your account is cancelled under this agreement:
You must pay all outstanding charges to us immediately.
We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
We may immediately delete all data held prior to cancellation.
We may perform any action without notice.
1.5 Web Hosting cancellation
We hold the right to suspend/cancel/terminate any hosting service for any of the following:
Non-payment or failure to renew service.
Chargeback/reverse of payment.
If we have reason to believe you are not using the services in accordance with this service agreement.
If a competent regulatory authority/body requires us to do so.
At our sole discretion.
Service provision may also be suspended/cancelled or terminated:
If you are in breach of this agreement or registry operator policy. We may give you notice identifying the breach and requiring remedy with a specific time frame.
If you do not comply with our breach notice.
You release us of any claim arising from suspension, cancellation or termination of any service.
1.6 Web Hosting Transfer
The Web Hosting Transfer service is available as an opt-in addon to a Web Hosting plan purchase and is prescribed to assist with transferring hosted email and websites from another provider to Sydney Web Experts PTY LTD. You may only apply and process one Web Hosting Transfer per unique Web Hosting account/package. If you wish to transfer additional websites you must process a new Web Hosting Transfer with a new Web Hosting package included.
We do not make any guarantees in transferring email and web hosting regarding:
Success of transfer. We may only be able to migrate a portion of your account, other elements may require your partial or complete management.
Speed of transfer. We will endeavour to complete the migration within 48 business hours, however there may be instances where completion of the migration may extend well beyond this time frame.
Compatibility. It is important to note that whilst we will make every effort to ensure that there is maximum email and web hosting compatibility from the old host to Sydney Web Experts PTY LTD, due to software complexity it is not always possible to ensure 100% compatibility of applicable software with the new server. It is your responsibility to ensure that you have purchased a web hosting plan specified to support your email and website as well as performing a complete test of your services post transfer.
Completion. It is your responsibility to ensure that all necessary files and settings have been migrated to completion.
We endeavour to ensure that all of the above items and any other factors relating to a web hosting transfer are done to maximum effect and have installed a solid process and policy to govern the management of a migration however we shall not be held liable for any failure, damaged or lost data to Sydney Web Experts PTY LTD. It is your sole responsibility to maintain a full back up of your data and files.

1.6.1 Suspension & cancellation
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
• You have any outstanding invoice or account.
• Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
• You fail to comply with any provision in this agreement or those referenced in this agreement.
• There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
• We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
• We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
If your account is cancelled under this agreement:
• You must pay all outstanding charges to us immediately.
• We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
• We may immediately delete all data held prior to cancellation.
• We may perform any action without notice
1.6.2 Refunds
In addition to other terms and policies contained within this document this clause, which specifically applies to a refund following an order for a Web Hosting Transfer shall apply.
As per clause 1.6, we will take every measure available to us to conclude a migration to the maximum success possible, however we cannot guarantee 100% success. As such we may offer a credit or refund for any purchase web hosting plan when combined with a web hosting transfer order. We maintain full discretion as to when this should and shouldn’t be offered.

Acceptable Use Policy / Terms of Service
This Agreement (“Agreement”) is by and between Sydney Web Experts (“Sydney Web Experts”) a Australian web development / SEO business and You, Your heirs, agents, successors and assigns (“You”), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Sydney Web Experts services (“Services”) and explains Sydney Web Experts’s obligations to You and Your obligations to Sydney Web Experts in relation to the Services You purchase.
This Agreement constitutes the complete and exclusive agreement between You and Sydney Web Experts concerning Your use of Sydney Web Experts’s Services, and supersede and govern all prior proposals, agreements, or other communications. By purchasing Sydney Web Experts’s Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new terms or policies which Sydney Web Experts may establish from time to time, and any agreements that Sydney Web Experts is currently bound by or will be bound by in the future.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Sydney Web Experts, whether or not the transactions were in Your behalf.
The Terms set forth in this document apply to all customers of Sydney Web Experts. Additional Terms may be instituted for other services purchased through Sydney Web Experts.
1. TERM OF AGREEMENT; MODIFICATIONS
You agree that Sydney Web Experts may modify this Agreement and the Services from time to time. You agree to be bound by any changes Sydney Web Experts may reasonably make to this Agreement when such changes are made. If You have purchased Services from Sydney Web Experts, the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. In the event You terminate Your usage, Sydney Web Experts will not refund any amounts You have paid. You agree that Sydney Web Experts shall not be bound by any representations made by third parties who You may use to purchase Services from. Sydney Web Experts may, at times, offer certain promotions with different charges and features.
You agree that You will be responsible for notifying Sydney Web Experts should You desire to terminate Your use of Services. Notification of Your intent to terminate must be provided to Sydney Web Experts no earlier than thirty one (31) days prior to Your billing date but no later than five (5) days prior to Your billing date. All account cancellations must be requested through the Helpdesk. If Your account is cancelled due to non-payment, Hands-on reserves the right to delete the web site contents without notice.
Definitions
SEO: Search Engine Optimisation
FTP: File Transfer Protocol
CMS: Content Management System (ie Joomla!, Drupal, WordPress etc)
URL: Uniform Resource Locator (web address)
SERP: Search Engine Result Page
1. General
1.1 SEO is governed by many factors which are outside the direct control of Sydney Web Experts and indeed, any other SEO company. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time, with which we have no control over. As such, no SEO specialist can offer a 100% guarantee of getting your website ranked #1 on any major Search Engine for your desired keywords.
1.2 Sydney Web Experts only use honest, ethical and completely legitimate techniques and accepted standards to improve your Search Engine Ranking – no tricks, no invisible text, no dodgy black hat methods. Some other SEO companies around the world use illegal software to spam Search Engines in order to improve the website rank quicker, but this usually results in a permanent ban of the website. By working with search engines and not against them, Sydney Web Experts ensures that clients have the best chance of achieving high organic search engine result page (SERP) rankings.
1.3 Sydney Web Experts will provide the services with reasonable skill and care. Notwithstanding the previous sentence, the client acknowledges that Sydney Web Experts has no direct control over Search Engines and cannot guarantee the speed of performance of technologies provided by Search Engines in relation to the delivery of the services.
1.4 The quantity and the description of the services shall be as set out in the Project Brief.
1.5 Sydney Web Experts operates within the major Search Engines in Australia and worldwide. Listings will appear on either .com.au or .com engines dependant on the website’s status, and the decisions of the Search Engines.
2.2 Website downtime can severely affect SEO. Down time can potentially cost the client their ranking positions for their desired search terms, and even a short period of down time can affect Sydney Web Experts’s SEO efforts. If the client’s website experiences downtime due to server error, maintenance or any reason outside of the control of Sydney Web Experts for a period of more than 3 days, Sydney Web Experts will not be able to fulfil the service requirements as set out in the Project Brief.
2.3 In the event that the client’s website becomes unavailable for any reason (eg if the server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated with the internet and its underlying infrastructure), the client will not hold Sydney Web Experts responsible for these errors. All/any traffic delivered to the client’s website during this down time will not be credited or refunded. In the event that any of the above errors occur including any errors not listed but clearly intended, the client may submit in writing a request for the ad campaign to be placed on hold. Upon resolution of the problem the held campaign will continue.
2.4 The client acknowledges that there may be occasions when the client’s website or the websites of any third parties may be out of action for limited periods due to technical difficulties or routine maintenance of a third party server, and Sydney Web Experts shall not be liable to the client for any downtime of this sort.
3. Access
3.1 The client agrees to supply Sydney Web Experts with the necessary FTP and CMS backend access to the website in order to optimise the website unless otherwise negotiated.
4. Content
4.1 Search Engines change their inclusion policy ranking algorithms and methods all the time, and unless the site is maintained with necessary analysis, tuning and necessary alterations, a highly ranked site is unlikely to hold that position for very long.
4.2 Ongoing Search Engine optimisation is important. Sydney Web Experts advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines. By accepting this agreement, the client understands fully that regular, unique content plays an important part of the success of their website and that failure to add unique content will lessen the impact of the SEO services provided by Sydney Web Experts.
5. Search Engine Submission
5.1 The client gives permission for Sydney Web Experts to set, create and or set up relevant accounts with search engines on behalf of client, in order to fulfil its obligations under these terms.
5.2 Search Engines will rank websites with their own differing strategies, so it’s technically impossible to rank highly on all the major Search Engines at the same time.
5.3 Some Search Engines use the algorithms and services of bigger Search Engines. The client acknowledges that any addition or alteration to the listing of the website in any Search Engine may affect the listing in other non-targeted Search Engines.
5.4 Search Engines have differing scheduled times to crawl and index submitted sites into their database, ranging from hours to months. No SEO firm can speed up the process in any ethical way.
6. Changes
6.1 If during the SEO contract period between Sydney Web Experts and the client, the client uses a third party (other than Sydney Web Experts) for Search Engine optimisation and / or associated workings, Sydney Web Experts cannot be held responsible for any consequential loss of listings or associated damages that may arise.
6.2 The client must inform Sydney Web Experts of any alterations relating to the website by the client or a third party that may affect the services supplied by Sydney Web Experts, including but not limited to deletion, alteration or additions of URL addresses, URL redirects, Landing Pages and their content, confirmation pages and their content, and the removal, overwriting or deletion of any of our optimisation changes. If alterations are made by the client or a third party to the client’s site, Search Engine placements may be affected and Sydney Web Experts cannot be held responsible. Sydney Web Experts reserves the right to issue a charge to rectify any problems to regain listings.
6.3 If, after agreeing to proceed with Sydney Web Experts, the client or a third party makes modifications to the website that use unethical SEO techniques to try and achieve high listings on the Search Engines (such as cloaking, hidden text, keyword stuffing, etc) or add pharmaceutical, gambling or pornographic links to the website that have no relevance to the website, Sydney Web Experts will issue a 7 day cancellation request. If the questionable techniques are not removed within that time, Sydney Web Experts will cancel the existing contract with immediate effect and all fees payable to Sydney Web Experts will be retained. Sydney Web Experts will not be held liable for the effects caused by the client or a third party using unethical techniques.
7. Refunds
7.1 Sydney Web Experts is under no obligation whatsoever to accept the cancellation of the services or cancellation of orders incorrectly placed.
8. Material
8.1 Sydney Web Experts reserves the right to refuse to handle:
Any media which is unlawful or inappropriate;
Any media which contains a virus or hostile program;
Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
Any media which constitutes a criminal offence, infringes privacy or copyright
Any other questionable media at Sydney Web Experts’s’ own discretion
9. Warranties and Liability
9.1 Sydney Web Experts warrants that the services will at the time of delivery correspond to the description given by Sydney Web Experts, either verbally or by means of the Project Brief.
9.2 The Client agrees Sydney Web Experts is not liable for any failure to carry out services for reasons beyond its control including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
9.3 The Client agrees Sydney Web Experts is not liable for absence of service as a result of illness or holiday.
9.4 Sydney Web Experts is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
9.5 Sydney Web Experts shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, even if Sydney Web Experts has been advised of the possibility of such damages.
9.6 There are sometimes laws and taxes which affect Internet ecommerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend Sydney Web Experts from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet ecommerce.
9.7 Sydney Web Experts may from time to time recommend to the Client that updates are needed for their website to comply with, including but not limited to, new legislations, software releases and web standards. Sydney Web Experts reserves the right to quote for any updates as separate work. The Client agrees that Sydney Web Experts is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold Sydney Web Experts harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
2. ACCURATE INFORMATION
You agree to maintain accurate information by providing updates to Sydney Web Experts as needed, while You are using Sydney Web Experts Services. You agree that Sydney Web Experts may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Sydney Web Experts’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Sydney Web Experts has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Sydney Web Experts has the absolute right, in its sole discretion, to terminate its Services and close Your account.
If there is ever an abuse issue or we need to contact You, the primary email address on file will be used for this purpose. It is Your responsibility to ensure the email address on file is current and up to date at all times.
In order to provide management and monitoring services, and ensure compliance with established policies, all account login information listed in your client area must be accurate. If you wish to change the root password of your dedicated server or Virtual Private Server, please ensure that you also update of this change via the helpdesk. We reserve the right to reset login information if necessary.
3. ACCOUNT SECURITY
You agree You are entirely responsible for maintaining the confidentiality of Your logins, and passwords. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Sydney Web Experts immediately of any unauthorized use of Your account or any other breach of security. You agree Sydney Web Experts will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Sydney Web Experts or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Sydney Web Experts specifically disclaims liability for any activity in Your account, whether authorized by You or not.
4. NO UNLAWFUL CONDUCT OR IMPROPER USE
As a condition of Your use of Sydney Web Experts Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to Sydney Web Experts if, for any reason, Sydney Web Experts takes corrective action with respect to Your improper or illegal use of its services.
Sydney Web Experts reserves the right at all times to disclose any information as Sydney Web Experts deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sydney Web Experts’s sole discretion.
Sydney Web Experts has no obligation to monitor Your use of the Services. Sydney Web Experts reserves the right to review Your use of the Services and to cancel the Services in its sole discretion.
Sydney Web Experts reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against Sydney Web Experts or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Sydney Web Experts may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
Sydney Web Experts may also cancel Your use of the Services, if You are using the Services, as determined by Sydney Web Experts in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of Australia and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way.
In the event Sydney Web Experts deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to Sydney Web Experts if, for any reason, Sydney Web Experts takes corrective action with respect to Your improper or illegal use of its Services.
5. SERVER SECURITY; UNAUTHORIZED PROGRAMS
You are prohibited from violating or attempting to violate the security of the servers. Violations of system or network security may result in civil or criminal liability. Sydney Web Experts will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. These violations include, without limitation:
Accessing data not intended for You or logging into a server or account, which You are not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Taking any action in order to obtain services to which You are not entitled.
Shell and Telnet access are disabled on ALL servers. The use of an external script (CGI, PHP or other) to enable shell access is forbidden.
Other unacceptable material include:
VPN, IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, “.img” / image hosting only sites that do not host an actual domain name, Escrow, High-Yield Interest Programs(HYIP) or related sites, Investment sites (FOREX, egold exchange), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.
6. RESOURCE USAGE
You may not;
Use 25% or more of system resources for longer then 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run any type of interactive real-time chat applications that require server resources without prior authorization from Sydney Web Experts Remotely-hosted services are fully allowed.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield, etc
Run cron entries with intervals of less than 15 minutes
7. BANDWIDTH USAGE
Certain hosting plans, virtual and dedicated servers allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should Your Account exceed the allocated amount, Sydney Web Experts reserves the right to:
Suspend the account until the start of the next allocation
Suspend the account until you upgrade to a higher level of package
Apply an overage fee (in the case of virtual or dedicated servers)
Unused bandwidth for any given month may not be carried over to the next month.
8. NO SPAM; ZERO TOLERANCE
You agree Sydney Web Experts may immediately terminate or suspend any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, You agree to pay Sydney Web Experts any damages associated with the transmission of said SPAM, and may incur a $5.00 per abuse penalty or the maximum allowed by Law.
You acknowledge You have read and understand and agree to be bound by the terms and conditions of our Mailing Policy. Such terms and conditions are applicable to the use of all Sydney Web Experts Services and are incorporated herein.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Newsletters, mailing lists and other marketing emails can only be sent from the account that is being promoted. You may not use an account to advertise services of another account without prior authorization from Sydney Web Experts Management. Example: If you send mail from “www.example.com”, the destination advertised in the email must be “www.example.com”, you may not direct the user to “www.other-location.com”
9. INTELLECTUAL PROPERTY
You agree that Sydney Web Experts will hold no copyright claims to your electronic files. You further agree that all content that you upload to our Services will be considered to be your own intellectual property. All scripts uploaded should be kept up to date to avoid exploitation of your site. All scripts, mailings, content and files posted on your site are your responsibility and malicious actions taken in part by your site will be your responsibility also. Any and all repercussions will be born solely by you as the account holder. Sydney Web Experts will not be held responsible or accountable for any materials published, stored or otherwise held in your web folder.
10. USE OF SYDNEY WEB EXPERTS SOFTWARE
If You have licensed software from Sydney Web Experts, Sydney Web Experts grants You a limited, non-exclusive, nontransferable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
Sydney Web Experts reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of Sydney Web Experts. The source code and its organization are the exclusive property of Sydney Web Experts and the Software is protected by copyright, including Australian Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by Sydney Web Experts.
Sydney Web Experts provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
11. FEES AND PAYMENT
You agree to pay Sydney Web Experts at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Sydney Web Experts expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, direct transfer or through the use of PayPal Payment Services.
Sydney Web Experts will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with Sydney Web Experts, at Sydney Web Experts then current rates.
Invoices are due on the date indicated on the invoice. A five (5) day grace period is allowed beyond the specified due date, after which all related accounts are subject to suspension or termination.
If for any reason Sydney Web Experts is unable to charge Your Credit Card for the full amount owed Sydney Web Experts for the Services provided, or if Sydney Web Experts is charged a penalty for any fee it previously charged to Your Credit Card, Check or PayPal payment, You agree that Sydney Web Experts may pursue all available remedies in order to obtain payment.
11a. Payment by PayPal
It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Sydney Web Experts will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Sydney Web Experts may pursue all available remedies in order to obtain payment.
Payments by PayPal to Your Account are not automated. You must log in each time to the billing system upon receipt of the invoice to pay the outstanding bill via PayPal.
12. CANCELLATION OF SERVICE
Cancellation requests will only be accepted via the Cancellation Form. All cancellations must be received a minimum of five (5) days prior to the next billing date of the domain being cancelled. If You notify Sydney Web Experts less than five (5) days before the next billing date of the domain being cancelled, the charges incurred as a result of that renewal will not be refunded. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive a confirmation of your cancellation, your account has not been cancelled. Please allow up to 24 hours for your cancellation to be processed. If you do not receive a cancellation receipt from us within 24 hours, please contact us immediately. We cannot accept cancellation requests over the phone or via the Live Chat interface for security reasons. Please make sure a backup has been made of your data prior to cancellation as we will not keep one for you.
13. BACKUP AND DATA LOSS
Sydney Web Experts will not be held responsible for any loss of data held on our servers to
Your website. Sydney Web Experts will always try to restore Your lost data, however this doesn’t always work as the data may be corrupted. In such an instance, Sydney Web Experts will not be held responsible. It is Your responsibility to maintain current backups of Your website data.
14. REFUSAL OF SERVICE
Sydney Web Experts reserves the right to refuse or cancel service in its sole discretion with no refunds. If any of the Terms of Service are failed to be followed, it will result in grounds for immediate account deactivation.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
15. PRIVACY POLICY
An update of our Privacy Policy can be found here. Www.Sydney Web Experts.com.au/privacy
16. REPRESENTATIONS AND WARRANTIES
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name.
Sydney Web Experts expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Sydney Web Experts, as well as its affiliates, subsidiaries, officers, directors and employees. Sydney Web Experts also reserves the right to freeze a domain name and hosting service during resolution of a dispute.
17. LIMITATION OF LIABILITY
IN NO EVENT SHALL SYDNEY WEB EXPERTS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF Hands-on HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Sydney Web Experts liability is limited to the full extent permitted by law. You agree that in no event shall Sydney Web Experts maximum aggregate liability exceed the total amount paid by You for the particular Service in dispute purchased from Sydney Web Experts
18. DISCLAIMER OF WARRANTIES
Sydney Web Experts expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an “As Is” and “As Available” basis. Sydney Web Experts makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. Sydney Web Experts does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
19. INDEMNIFICATION
You agree that You shall defend, indemnify, save and hold Sydney Web Experts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sydney Web Experts its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by You, Your agents, employees or assigns. You agree to defend, indemnify and hold harmless Sydney Web Experts, against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sydney Web Experts; (2) any material supplied by You infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Sydney Web Experts’s server.
20. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in Australia. You agree that any action relating to or arising out of this Agreement shall be brought in the courts Australia.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
21. NOTICES
You agree that all notices (except for notices concerning breach of this Agreement) from Sydney Web Experts to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with Sydney Web Experts. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to Sydney Web Experts shall be made either by the Support System www.Sydney Web Experts.com.au/support as defined on the Sydney Web Experts Web Site, or first class mail to Sydney Web Experts’s address at: Po box 3242 Wetherill Park NSW 2164
22. ENTIRE AGREEMENT
You agree that this Agreement including the policies and agreements it refers to (i.e. our Mail Policy, etc.) constitute the complete and only Agreement between You and Sydney Web Experts regarding the Services contemplated herein.
23. SEVERABILITY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
24. WAIVER
The failure of Sydney Web Experts to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Sydney Web Experts thereafter to enforce such provisions.
Last Revised: 7/1/19
Copyright © 2018 Sydney Web Experts. All Rights Reserved.