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Web Hosting Terms & Conditions

1.  You shall at all times keep your password and log-in details secure. You agree that Jade Web Design cannot and does not know whether you have given access to your account and to the Service(s) to other people (whether knowingly or not).
 
2. You agree that you are solely responsible for any of your content residing on Jade Webs servers.
 
3. You agree that you are solely responsible for the back-up of your content and any other files (including, without limitation, email files, if applicable).
 
4. The Customer assumes sole responsibility for obtaining any and all necessary licenses, consents, authorisations and approvals to enable it to lawfully use any and all intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of any proposed domain name or other intellectual property rights being used by the Customer.
 
5. Jade Web Design may suspend or terminate access to the Services without notice to the Customer if the Customer account becomes overdue. Jade Web Design will not be responsible for any loss or damage to the Customer or any other party as a result of such suspension or termination.
 
6. The Customer will not, under any circumstances, seek to hold Jade Web Design responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
 
(a) loss of profits arising out of, or in connection with, this agreement;
 
(b) use, misuse, suspension and or loss of any Customer domain registrations;
 
(c) interruption to the business and operations of the Customer;
 
(d) access delays or interruptions to any website accessed by registered domain name of the Customer;
 
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
 
(f) events beyond the control of Jade Web Design; and or
 
(g) processing of an application for domain name registration;
 
7.  Upon receipt of a cancellation notice or otherwise upon the expiry or termination of this agreement Jade Web Design will be entitled to delete and not retain any records, data, programs or other content of the Customer.
 
8. These terms can be changed at the prescription of Jade Web Design and if changes are made all clients will be notified by email. 

Terms & Conditions

By commissioning Jade Web Design to build and/or host your web site you agree you have read and agree to all terms and conditions and agree to abide by them. 

1. Jade Web Design will not be held responsible for the accuracy or *legality of any information provided on any site it designed or maintains.

2. Jade Web Design will not produce any site related to pornography or any *illegal activity.

3. Jade Web Design will put credit for its work on every site produced. This helps keep our prices low by advertising on each site. Removal of Jade Web Designs credit will incure a fee set by Jade Web Design based on the size of the site. This is applicable even if a site is to be moved to a new web host at any point. 

4. All maintenance and any other web site related work including changes to original quoted work will be charged at a rate of $100.00 per hour. This figure can change at any time but will only rise if extra expenses to produce sites, tax rises or inflation are incurred by Jade Web Design.

5. Jade Web Design will not be held responsible for the failure of any site caused by any entities such as hosting services, hackers, scripting failures or any other entity that may cause the site to malfunction. Normal maintenance fees will be charged to repair any problems.

6. Jade Web Design will not guarantee any site for accuracy or reliability and will not be held responsible for loss of income, data or any other potential losses that may arise from use of the web site. All web sites built are provided as is at time of settlement. Time of settlement is on completion of the job as per your original quote or decided by Jade Web Design if no written quote is available.

7. All sites hosted by Jade Web Design are billed recurrently after the first year. All hosting and domain name renewals are paid in advance by Jade Web Design so any cancellation is only applicable from the next due date of the hosting or domain renewal. No pro rata refunds are given. To ensure you understand all hosting conditions please see the additional hosting only conditions in the hosting section of this site. 

8. Each account that includes web hosting comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation without prior warning.

9. Customer agrees that it shall defend, indemnify, save and hold Jade Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Jade Web Design, 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 customer, it's agents, employees or assigns.

10. Customer agrees to defend, indemnify and hold harmless Jade Web Design against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Jade Web Design server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

11. Jade Web Design will not be responsible for any losses your business may suffer due to web site failure or down time. Including loss of data or web sites. Web Site backups are a clients responsibility.

12. Jade Web Design makes no warranties of any kind, expressed or implied for services we provide.

13. Jade Web Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data and any service interruptions caused by Jade Web Design and its employees.

14. By paying a deposit for work you or your representative (as laid out in the condition below) agree to work commencing at that point and you agree that you or your agent have read and understand these terms and conditions and agree to abide by them. 

15. If any web site owner, web site owner employee or agent of owner or any other party acting for the owner that breaches any of these conditions and/or cancels the contract with Jade Web Design full payment of the contract is due. Full payment is sought because canceling the contract still costs Jade Web Design the quoted amount in lost work for that period. 

16. Any invoices outstanding for hosting and/or web design work for 7 days or more, or fees being formally refused to be paid via either phone or email, will result in a hosting account being put into lockdown until the invoice is paid. Restoration of any suspended site currently in lockdown will incur a fee of $50. Sites will not be restored until the outstanding invoice and the $50 fee has been paid. 

If a hosting account is overdue after suspension and remains unpaid for 28 days the site will be automatically deleted from the system without further warning. Jade Web Design & Hosting hold no responsibility to have backups of deleted sites. Backups are a clients responsibility.

17. Payments and progrees payments for work on web sites must be paid for on completion of that work as deemed by Jade Web Design. If changes need to be made due to a change of plans or ideas beyond the initial work these changes will incur a fee of the hourly rate as set in condition 4 of these terms and conditions. 

18. Any progress payments or final payments not paid will result in the debt being handed to a debt collection agency. Any fees that this process incurs will be added to the outstanding amount. If a client cancels a job during construction of the site full payment of the web site is required.

18. No new web site will be made live for viewing by the public until the site has been paid for in full. If the site has been made available prior to payment the site remains the exclusive property of Jade Web Design until full payment is received.

19. No web site and its content will be available for transfer to a new host or to be downloaded while any invoices are outstanding. If the site is downloaded to a computer or placed on another server while monies are outstanding the transfer or download of the site will be considered as theft and handed onto the appropriate authorise for criminal charges to be pursued.

20. You agree that Jade Web Design will retain ownership of all domain names it registers on behalf of clients. You agree that Jade Web Design will be the domain name contact on your behalf, and retain all rights to transfer the domain name to Jade Web Design ownership if all accounts are paid in full. The contact detail can be changed on request after all accounts are paid in full. If domain names and sites are not paid for in full within 30 days of your invoice date all domain names will be transfered back into the ownership of Jade Web Design. If the site and or names is eventually paid for a fee of $150 will apply to transfer the domain to a new owner. 

21. Jade Web Design reserves the right to terminate working with a client at any point if the client proves hard to work with, and or keeps changing the job brief. Any work paid for up to that point will be supplied to the client. Any work completed by Jade Web Design beyond a previous progress payment will be charged at the normal rate. 

22. Jade Web Design reserves the right to change these conditions and will post said changes here.

Privacy Policy

Introduction

Jade Web Design is committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. We are committed to protecting your privacy

We collect the minimum amount of information about you that is commensurate with providing you with a satisfactory service. This Policy indicates the type of processes that may result in data being collected about you. Your use of this website gives us the right to collect that information.

Information Collected

We may collect any or all of the information that you give us depending on the type of transaction you enter into, including your name, address, telephone number, fax number and email address, together with data about your use of the website. Other information that may be needed from time to time to process a request may also be collected as indicated on the website.

Information Use

We use the information collected primarily to process the task for which you visited the website. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details.

Cookies

Your Internet browser has the in-built facility for storing small files - cookies - that hold information which allows a website to recognise your account. Our website takes advantage of this facility to enhance your experience. You have the ability to prevent your computer from accepting cookies but, if you do, certain functionality on the website may be impaired.

Disclosing Information

We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to remove yourself from any mailing list or similar device. If at any time in the future we should wish to disclose information collected on this website to any third party, it would only be with your knowledge and consent.

We may from time to time provide information of a general nature to third parties - for example, the number of individuals visiting our website or completing a registration form, but we will not use any information that could identify those individuals.

Disclosure To Law Enforcement

Jade Web Design may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes To This Policy

Any changes to our Privacy Policy will be placed here and will supersede this version of our Policy. We will take reasonable steps to draw your attention to any changes in our Policy. However, to be on the safe side, we suggest that you read this document each time you use the website to ensure that it still meets with your approval.