TERMS & CONDITIONS
Last updated 16/09/2018
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of web hosting, Domain name Registration and other related services provided by Visualeyez Web Design (the “Services”).
Visualeyez Web Design is a reseller of Cpanel Hosting and Domain Name registration for Synergy Wholesale Pty Ltd. Synergy Wholesale and Visualeyez Web Design are approved resellers and are subject to the rules and policies set forth by the auDA related to domain name registration.
General Terms & Conditions apply to the provision of services by Visualeyez Web Design (ABN 37 278 048 691) (Visualeyez Web Design, we, us, our) to you as a user and customer of our services (you, your, customer).
1. Service Sign-up and Acceptance
Upon signing up for any services on our website at https://visualeyezwebdesign.com.au to Visualeyez Web Design for Services, then that order has been accepted and will be automatically setup upon payment received.
Also upon signing up, you the Customer signified acceptance of our Terms of Service, as well as our Acceptable Use Policy, Privacy Policy, Customer Service Policy and any applicable Registrant Agreement.
The Customer acknowledges that they are solely responsible for ensuring that all Service(s) are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
The Customer agrees to provide a valid e-mail address to receive emails directly relating to the Service(s) provided, invoices, support ticket updates as well as marketing and promotional emails from Visualeyez Web Design. The Customer can unsubscribe from marketing and promotional emails only.
2. Availability of Hosting Services
While Visualeyez Web Design will endeavour to provide you the highest quality hosting service possible, Visualeyez Web Design will not be liable for any service interruptions or downtime, scheduled maintenance will be performed at a time which is deemed suitable by Visualeyez Web Design
Visualeyez Web Design is unable to guarantee the integrity of any data stored or transmitted via the internet or through our systems.
Visualeyez Web Design is not liable for any claims of damage by the customer, including, but not limited to, damage of loss of every nature, caused by the loss of data, or through the inability to connect to the internet, or through the inability to send and receive data. This includes but not limited to, external hacking attempts or the hacking of your website, hardware failures, server faults, deletion of your account due to software faults, etc. You are solely responsible for making your own backups so that this can be prevented.
We strongly urge all customers to implement their own backup strategy so that in the unlikely event of a system restore becoming necessary, our customers can be confident that they have a recent copy of their data. Visualeyez Web Design will not be held liable in the event that we cannot restore or provide a backup to you for any reason.
In no event will Visualeyez Web Design be liable to the Customer for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Third party services engaged by the client through cPanel including but not limited to SEO and web design tools or plugins are done so at the Customer(s) own undertaking. Visualeyez Web Design does not provide any express or implied warranty on the quality of their product(s) nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.
3. cPanel Migration Request
All account transfers through cPanel (depending on size) will be done, upon request, by you submitting a ticket to our support department
which will need to include the account details of the server (we ask you change your password prior to giving out information).
We will try our best to ensure a smooth transition, however since every hosting company is different, there may be some transfers where it will be
impossible to transfer. Visualeyez Web Design will attempt in all ways possible to transfer your site(s). All transfers must be done within 30 days of intial purchase of your Hosting.
Any requests after 30 days will be charged at commercial rates, for account migration.
4. Domain Name Registration
The Customer acknowledges that Visualeyez Web Design is an Authorised reseller for Domain names through Synergy Wholesale and its’ registrants. Synergy Wholesale is an ICANN and auDA ISS accredited Registrar, any domain name registration, transfer or renewal will be processed through Synergy Wholesale.
ICANN’s Inter-Registrant Transfer (Change of Registrant) Policy
This policy allows for Synergy wholesale partners(Visualeyez Web design) to act as Designated Agents on behalf of their registrants to auto-approve changes on their behalf.
The domain name registrant explicitly confirms that Visualeyez Web Design will act as their Designated Agent in the event of any material change to domain name registrant data.
In these circumstances a courtesy notification email will still be sent to the old and new registrant to advise them of the change to the registrant contact data.
The Customer acknowledges that they have read, and agree to any applicable Registrant Agreement before purchasing any Domain Name(s) from Visualeyez Web Design.
The Customer acknowledges that all Domain Name(s) are non-refundable once the order has been accepted and processed by Visualeyez Web Design.
and Visualeyez Web Design does not warrant or guarantee that a Domain Name registration will be approved by the Registry, irrespective of whether the invoice for the Domain Name(s) has been
paid. The Customer should take no action in respect of the requested Domain Name(s) until they have been notified by Visualeyez Web Design that the Domain Name(s) have been successfully
registered and the Customer has verified the registration through public WHOIS lookup.
The registration and on-going use of the Domain Name(s) are subject to the relevant naming authority’s terms of service and any applicable Registrant Agreement. The Customer is
responsible for ensuring awareness of these terms and that they are adhered to.
The Customer waives any right to make claim against Visualeyez Web Design in respect to a decision made by any Registry or Regulatory Body to refuse registration, renewal, transfer or
continued use of a Domain Name.
The Customer acknowledges that Visualeyez Web Design is not obligated to renew a Domain Name if the Customer has;
a. not confirmed to Visualeyez Web Design that the domain name is to be renewed, or
b. the invoice for renewal has not been paid in full, or
c. it is determined that the Customer does not satisfy the eligibility criteria to continue holding the Domain Name license.
In these circumstances, Visualeyez Web Design will not be held liable by the Customer for any loss or damages. All renewal requests must be submitted via CLIENT AREA / Support and it is the Customer’s
responsibility to confirm that the renewal request has been successfully processed in full.
It is the Customer’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name. As per registry-registrar policy and agreements, Visualeyez Web Design will use the Registrant contact information to advise the
Customer of any pending expiry, renewal or transfer requests relating to the domain name.
5. Domain Transfers
All .au domain name transfers are offered free of cost if the domain name is more than 3 months from expiry. If the domain name is due to expire in 3 months or less the normal renewal fee applies and the domain will be renewed for a further 2 years from the existing expiry date.
Domain transfers typically take 5–7 days to complete once the domain owner has authorised the transfer, and final authorisation has been received by the Domain Registrar.
It is The Customer’s responsibility to action domain transfer authorisation requests where applicable.
Visualeyez Web Design has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete.
The Customer must ensure all contact information is updated with current Domain Registrar and the appropriated transfer codes have been obtained prior to placing a domain transfer order with Visualeyez Web Design.
6. Accounts and Billing
The Customer agrees to a Yearly contract term for Service(s) unless otherwise stated in the Service offering (eg. domain names, SSL certificates, special Service(s) with an agreed term), or otherwise agreed in writing. The Yearly contract for Service(s) is automatically renewed each year in perpetuity subject to cancellation by the Customer.
In relation to fees for Service(s) Fees for Service(s) ordered by the Customer shall begin on the date of the initial order and the annually or biennially billing cycle in advance.
The order date of any Service(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, etc) for that particular Service.
7. Payments by Credit Card
Fees are due in advance of the billing cycle and will be invoiced to the Customer thirty (30) days prior to the due date. In order to ensure that you do not experience any interruption or loss of service, Visualeyez Web Design recommends payment be made by Credit Card AND storing these details on file.
By storing your Credit Card details on file, you agree to future invoices being automatically charged to the stored Credit Card details on the invoice due date. Please note, you will continue to receive invoice reminders and have the option of cancelling any service PRIOR to the due date. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
Visualeyez Web Design accepts Credit Card only for online Hosting & Domain name purchases. Websites, Logo Design and other services will be a
separate billing account to accept Bank Deposit as method of payment or via credit card. All payments must be identifiable by Visualeyez Web Design. Please include your full username, full name or invoice ID in the description of the payment when making a direct deposit.
All accounts not paid within 5 days from the due date will be suspended. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Termination means removing entire cPanel and data contents. Visualeyez Web Design takes no liability for removing the Customer’s data.
After account termination your account remains unpaid all pending invoices will be followed up by our internal accounts department,
following this outstanding accounts may be turned over to a third-party collections agency along with any legal fees and collection agency fees added to your pending invoice.
8. Goods and Services Tax (GST)
Visualeyez Web Design charges 10% GST to all Australian customers. All pricing is in $ AU. GST is not applied to products and services purchased by overseas customers. Prices advertised on the Visualeyez Web Design website include 10% GST.
9. Cancellations & Refunds
The following Service(s) are not eligible for a refund if the Service has been successfully provisioned by one of Visualeyez Web Design suppliers:
a. Domain names;
b. SSL certificates;
c. Software licences.
d. SEO Services
e. Google G-Suite
10. Hosting
You must provide at least 7 days’ notice before the next scheduled billing DUE date in order to cancel your service or you will be liable to pay the full amount for the next billing period. In order to cancel, ALL prior balances MUST be paid. You will be requested to submit identification information for your security. Any outstanding debt after 30 days will result in account termination and amounts owed may be handed over to a third-party collections agency.
As a policy, we do not offer credits or refunds for hosting time already paid for unless your account is covered by our 30-day money back guarantee, or as required by law. To cancel your account, please email support@visualeyezwebdesign.com.au, call (08) 8326 4735, or raise a support ticket on the Visualeyez Web Design website. All domain names are non-refundable.
11. Domain Names
All domain names are non-refundable. If you have purchased a domain name and web hosting account from us and request a refund within the 30-day time period, we will only refund the web hosting portion of the fees that you paid. Your domain name will remain active in our account and it will still be under your control until it expires.
A full refund will be provided to you via Direct Deposit payment method only, if the order was placed within thirty days (30) days of the date that the refund was requested for any of the following Service(s):
a. Any shared cPanel Web Hosting Service
12. Money Back Guarantee
The 30-day period during which you can request a 100% refund of any money paid to us for hosting services starts from the day your hosting account is activated on our servers.
Your account will be terminated immediately following your request.
The money back guarantee only applies to web hosting accounts, A full refund will be provided to you via Direct Deposit payment method only.
13. Suspension and Termination of Service(s)
Visualeyez Web Design may suspend or terminate Service(s) if:
a. The Customer is found to be in breach of any policy including but not limited to the Terms of Services or any applicable Domain Registrant Agreement;
b. The Customer has become insolvent or bankrupt;
c. The Customer has unpaid invoices.
Visualeyez Web Design may decide at its sole discretion to advise a Customer that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any applicable refunds will be processed as per the Refunds subsection of this agreement.
If a Customer’s Account is closed for any reason, or any Service(s) suspended or terminated, the Customer must pay all outstanding invoices by the due dates.
If a web hosting, email hosting is suspended or terminated for any reason, Visualeyez Web Design is under no obligation to provide the Customer with a copy of any
data associated with the Service(s). Visualeyez Web Design may provide the customer with a backup of the data, if it is available, for a fee of $175.95.
14. Data Transfer
Visualeyez Web Design provides client’s with sufficient data transfer to ensure that client’s services function properly under normal circumstances.
However, in event that a client’s services use excessive amounts of data transfer and affects other customers on the same server and/or network,
Visualeyez Web Design reserves the full right to throttle bandwidth speeds or suspend that client’s services in order to ensure that other customers
are not adversely affected at any time. Visualeyez Web Design will contact that client to discuss upgrade to higher plans that will cater to client’s
increased traffic requirements.
15. Data Management
Visualeyez Web Design provides at a minimum weekly backup of all customer data as a courtesy.
In the event of a system failure, we will attempt to restore all client data from our most recent backup.
However, we provide no guarantee that the backup will be available for use, or that it will be recent. We strongly urge all customers
to implement their own backup strategy so that in the unlikely event of a system restore becoming necessary, our customers can be confident
that they have a recent copy of their data. Visualeyez Web Design will not be held liable in the event that we cannot restore or provide a backup to you for any reason.
If you have any questions about these terms and conditions, please email support@visualeyezwebdesign.com.au, call (08) 8326 4735 or 0421 115 950, or raise a support ticket via the Visualeyez Web Design client area.