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Terms & Conditions

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In order to become a customer of Sleek Websites and Online Marketing, or a user of any and all Sleek Websites and Online Marketing services including web design, website hosting and online marketing, you must agree to the following terms and conditions.

1. General

  • It is the customer’s responsibility to keep Sleek Websites and Online Marketing up to date with all of their contact details. If the customer fails in this it could result in expiration of services.
  • Sleek Websites and Online Marketing reserves the right to refuse service and/or access to its products and servers to anyone.
  • Sleek Websites and Online Marketing reserves the right to suspend or cancel a customer’s access to any or all services provided by Sleek Websites and Online Marketing when Sleek Websites and Online Marketing decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
  • IV Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Sleek Websites and Online Marketing services to other parties.
  • All invoices will be sent to customers via email.

2. Cancellations & Refunds

  • All deposits and fees paid are non-refundable after the design brief is returned to Sleek Websites and Online Marketing, or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $120 administration fee.
  • Once the design work has been signed off prior to the website build, all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
  • The usability, functionality and/or limitations of your e-commerce, website or content management System are no reason for you to not pay your account by the guidelines of these terms. Fees charged on a prepay basis are non-refundable.
  • All online marketing services are paid for on a monthly basis. If an online marketing service is cancelled before the month has expired full payment for the month is still required.
  • If a customer contravenes the Sleek Websites and Online Marketing terms and conditions, Sleek Websites and Online Marketing reserves the right to terminate the service immediately with no refund.
  • If Sleek Websites and Online Marketing is required to employ the services of a debt collector to pursue any overdue balance payment, a $40 administration fee will be passed on to the customer and added to the customers invoice.
  • If the customer’s website has been terminated due to cancellation or expiry, Sleek Websites and Online Marketing can reinstall the website within a 12 month period at a cost of $195 providing the client has a backup of the website.
  • Please contact our administration team for a cancellation form; this is required before we cancel the account.

3. Website Design &Support

  • You will receive one to two website design concepts by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction. 
  • In the event of you terminating your contract, you will be able to take full possession of your design and content of your site as long as any outstanding payments are paid in full; however the platform software will remain on Sleek Websites and Online Marketing servers.
  • Sleek Websites and Online Marketing Content Managed websites are self-managed and Sleek Websites and Online Marketing is not responsible for any copy, editing or updating of the clients website. Sleek Websites and Online Marketing is under no obligation to do any work on your website unless contracted to do so. Any changes made by the client that alter the look or functionality of the site, after final handover are not the responsibility of Sleek Websites and Online Marketing and any work required to rectify these changes will be charged at $110 per hour with a 1 hour minimum.
  • Sleek Websites and Online Marketing has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.
  • Sleek Websites and Online Marketing does not allow any of the following content or websites to be stored on its servers:
  • Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
  • Scripts – any script that creates a load on the server will be removed.
  • Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.

4. Financial Arrangements for Online marketing and Websites

  • The cost of the Sleek Websites and Online Marketing Content management system website is a set price for design and build, and an ongoing hosting and support fee if agreed upon.
  • The deposit for website build and design is due with the order. The balance is due when the Content management system website has been designed and built.
  • All online marketing services will be invoiced one month in advanced and won’t commence unless payment has been received.
  • Online marketing products will continue month to month unless we have been given notice to cancel the product.
  • If a customer wants to cancel an online marketing product 10 days’ notice must be given.
  • Although Sleek Websites and Online Marketing reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

 

5. Disclaimer

  • Sleek Websites and Online Marketing and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, franchise partners and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Sleek Websites and Online Marketing is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
  • Sleek Websites and Online Marketing will warrant the functionality of the site for 1 month, starting from the day of handover. This warranty is to ensure the site functions correctly and based on the original scope of works. Any changes to functionality will not be included in this warranty and will be charged at $80 per hour with a one hour minimum.
  • Use of any information obtained by way of Sleek Websites and Online Marketing is at the Customer’s own risk, and Sleek Websites and Online Marketing specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  • Sleek Websites and Online Marketing expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Sleek Websites and Online Marketing specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

6. Trademarks &Copyrights

The Customer warrants that it has the right to use the applicable trademarks, if any.

7. Hardware, Equipment & Software

  • The Customer agrees that he or she has the necessary knowledge to maintain the Content management system or Cart website. The Customer agrees that it is not the responsibility of Sleek Websites and Online Marketing to provide this knowledge or customer support outside of the defined service of the Sleek Websites and Online Marketing Content management system or Cart support.
  • The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Sleek Websites and Online Marketing websites. Sleek Websites and Online Marketing makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Sleek Websites and Online Marketing service.

8. Limited Liability

  • The Customer expressly agrees that use of Sleek Websites and Online Marketing websites and services is at the Customer’s sole risk. Neither Sleek Websites and Online Marketing, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Sleek Websites and Online Marketing service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Sleek Websites and Online Marketing servers, unless otherwise expressly stated in this agreement.
  • Under no circumstances, including negligence, shall Sleek Websites and Online Marketing, its officers, agents or anyone else involved in creating, producing or distributing Sleek Websites and Online Marketing services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Sleek Websites and Online Marketing website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Sleek Websites and Online Marketing records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Sleek Websites and Online Marketing servers.
  • Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

9. Lawful Purpose

The Customer may only use Sleek Websites and Online Marketing servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

10. Indemnification

The Customer agrees that it shall defend, indemnify, save and hold Sleek Websites and Online Marketing harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Sleek Websites and Online Marketing, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Sleek Websites and Online Marketing against Liabilities arising out of;

  • any injury to person or property caused by any products sold or otherwise distributed in connection with Sleek Websites and Online Marketing server
  • any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
  • copyright infringement
  • any defective product which the Customer sold on the Sleek Websites and Online Marketing Server

11. Governing Laws

This agreement shall be governed in all respects by the laws of South Australia, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

12. Severability

This agreement shall be governed in all respects by the laws of South Australia, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of South Australia, Australia.

13. Contract Revisions

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Sleek Websites and Online Marketing, services as specified in Section I. Financial Arrangements.

14. Transfer

  • The Customer may not transfer this agreement without the written consent of Sleek Websites and Online Marketing.
  • This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.
  • Pricing Policy

All of our prices are in Australian dollars (AUD)

15. Privacy Policy

  • Sleek Websites and Online Marketing is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalise your shopping experience with us. Sleek Websites and Online Marketing may use cookies. Cookies sent to your computer from Sleek Websites and Online Marketing only last while you’re browsing our website. We do not store persistent cookies on your computer. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.
  • Clients using our online enquiry forms for design services are asked for their name, phone number, postcode and email address in order to allow us to contact them in relation to their enquiry. This information is not shared with third parties. Please contact us by email info@sleekwebsites.com.au should you wish to have that detail modified or deleted or you wish to opt out of any future communication after your enquiry.

16. Security Policy

  • When purchasing from Sleek Websites and Online Marketing your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support team – info@sleekwebsites.com.au

17. Satisfaction Guarantee Fair Use Policy

  • Fair use policy: The intention of the Satisfaction Guarantee is to partner with small business and offer great website experience for all. If we feel that anyone is intent on exploiting the service and excessively using it above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
  • Design Satisfaction: We consider fair use to be less than 20 design revisions prior to signing off. Design revisions after sign off are billed by the hour and charged at the rate of $80 Per Hour with a one hour minimum billing time.
  • Support Satisfaction: Available Monday to Friday 9am – 5pm EST.

 

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