Usage Policy
By and between eWebCircle and their web hosting customer, who henceforth shall be referred to as "Customer". The parties agree to the following, which shall apply throughout the term of this agreement:
1. DEFINITIONS
A. "Plans" shall refer to services offered by eWebCircle.
B. "Customer", as mentioned above, shall refer to the end user who is utilising the web hosting services provided by eWebCircle.
2. PRICES
All prices for Plans provided by eWebCircle to its Customers are in Australian Dollars. Customers must pay for services provided by eWebCircle in Australian. Dollars.
3. ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to acceptance by eWebCircle. An order will be deemed accepted when written (e-mail) confirmation of the order is sent to the Customer. eWebCircle may refuse to accept, or delay for any period of time, any order for any reason.
B. Payment and Terms: Payment shall be made to eWebCircle in Australian dollars only. Payments are due upon account activation and future account renewal, and may be made through the use of a valid credit card, personal/business cheque , or money order. Payment for services shall be made monthly if paid via credit card, and quarterly if paid via check or money order. Credit card payments will occur automatically until Customer requests cessation of service. If shortfalls in payment to eWebCircle of the full invoice amount occur due to bank fees, transfer fees, or the like, eWebCircle will re-invoice The Customer for the shortfall. Should payment in full of any invoice (aside from the shortfalls mentioned above) not be received by eWebCircle within thirty (30) days after account activation or renewal, eWebCircle may discontinue, withhold, or suspend services to the Customer.
C. Cancellations of service can be made via email or phone.
D. Should any Customer attempt a chargeback for services knowingly purchased from eWebCircle, eWebCircle shall immediately shut off services for that Customer and will pursue full legal recourse against the Customer to recoup any and all losses. If a chargeback occurs as a result of Customer error, a $40 fee will be assessed on top of the full chargeback amount. On a second attempt at a chargeback, eWebCircle shall immediately discontinue services to the Customer and pursue full legal recourse to recoup any and all losses, and future services to the Customer shall be denied.
E. Setup fees, for any services or Plans, are not refundable, regardless of the length of time the service or Plan is used by the Customer.
F. Should a Customer follow standard procedures and cancel services with eWebCircle, they are entitled to a refund equivalent to the length of time that has been paid for, but not used. This refund is calculated based on a daily rate, depending on the Plan that was ordered. “Free Months” are not taken into account when calculating a refund.
G. Billing Cycle: the Billing Cycle for any and all services commence the day following the day the services/Plans were ordered. eWebCircle can not, for any reason, change the Billing Cycle for a Plan or service.
H. The Customer is responsible for providing eWebCircle with the proper and correct Billing and Payment Information. Any and all fees incurred due to incorrect Billing and/or Payment information are the sole responsibility of the Customer.
I. Changes to services provided to the Customer must be submitted in writing to the Billing Department and must include the account password. Upgrades are charged a setup fee of the difference between the setup fees of the two Plans, and a prorated fee for the difference in Plan prices. Downgrades do not receive a credit. The Customer must be aware of what will be gained and/or what will be lost in changing Plans. eWebCircle is not responsible for lost files, data and/or information due to changes in Plans. Plans that have been shut off for 30 days are deleted from our servers. If, after 30 days and a site has been deleted, a Customer desires to reactivate a site, they will need to order a new Plan and will be held responsible for ensuring they have adequate backups/copies of their site. A site that has been deleted from our servers is not recoverable.
J. eWebCircle is not responsible for the Customer’s failure to use the services/Plans offered by eWebCircle. The Customer has the right to cancel the services/Plans they have purchased at any time.
4. DUTIES OF eWebCircle
eWebCircle may acquire an internet domain name on behalf of the Customer as specified in the Customer’s request for services. Should the Customer acquire the domain name on their own, without the assistance of eWebCircle, the Customer is responsible for any and all fees necessary for the acquisition of the domain name. Any costs incurred by eWebCircle in the process of obtaining or maintaining a domain name for the Customer shall be immediately reimbursed to eWebCircle upon receipt of invoice for said services and fees.
A. Domain Registration: The Customer is responsible for checking on the availability of any domain name associated with any of the services offered by eWebCircle. The Customer is also responsible for correctly entering any and all domain information (this includes, but is not limited to, the spelling of the domain, proper domain extension, etc.) during the course of ordering any services offered by eWebCircle. eWebCircle is not responsible for domain name availability. If a Plan is built by eWebCircle using an unavailable or incorrect domain name, the Customer will be charged a $40.00 fee for any resulting corrections made by eWebCircle. eWebCircle does not, in any way, alter any domain information when building sites for the Customer. Domain information is entered solely by the Customer, and is, therefore, the sole responsibility of the Customer.
B. Domain Changes: If a Plan is ordered using an incorrect domain name, the Customer will be invoiced for any and all fees incurred by eWebCircle in the proper registration/correction/completion of the Customer’s order. These fees may include, but are not limited to, any administrative costs, domain registration costs, and costs incurred in the correction of domain registration information charged by the domain Registrar.
5. LIMITATION OF eWebCircle 's OBLIGATIONS AND LIABILITY
A. eWebCircle will utilise its best efforts to maintain acceptable performance of services contracted for, but eWebCircle makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. eWebCircle cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. eWebCircle will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. eWebCircle shall not be liable to Customer for any claims for damages which may be suffered by Customer, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, no deliveries, or service interruptions whether or not caused by the fault or negligence of eWebCircle.
B. eWebCircle may discontinue servicing any Plan, or may require fulfillment of conditions eWebCircle may choose to impose as a prerequisite for continuing to service any Plan. eWebCircle agrees to provide Customer with reasonable notice via e-mail or fax of any such intent to discontinue or impose conditions unless it is determined that such notice would cause harm to eWebCircle. The following activities are specifically not allowed by eWebCircle and will result in IMMEDIATE account termination: Running ADULT web sites, Running HATE web sites, participation in undirected bulk e-mail delivery (SPAMMING) either through the use of our mail servers or not, GAMBLING web sites, or any sites promoting or participating in ILLEGAL activities.
C. eWebCircle 's liability to Customer, and any end user of any Plan or other eWebCircle services is limited to the amount paid to and received by eWebCircle for services not accepted. In no event shall eWebCircle be liable to Customer, or any end user or any other entity for any special, consequential, or other damages, however caused, whether for breach of contract, negligence or otherwise, even if eWebCircle has been advised of the possibility of such damage.
D. Customer will take all necessary measures to preclude eWebCircle from being made a party to any lawsuit or claim regarding eWebCircle services provided to any Customer or end user. Customer hereby agrees to indemnify and hold harmless eWebCircle from any and all claims of whatever nature brought by any of Customer's customers against eWebCircle in excess of the remedy set forth in paragraph 5(C) .
E. While eWebCircle provides backup services, and makes every effort to provide previous copies of customer files (up to two weeks and for a specified dollar amount as specified on their website), to its customers (with the exception of .log files), it is not guaranteed that these copies will be available as there are unknown issues that may arise preventing complete or acceptable restorations.
6. PROPERTY RIGHTS
eWebCircle owns all rights, titles and interests in eWebCircle 's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use eWebCircle 's trade names or service marks. The use by Customer of the other property rights mentioned here is authorized only for the purposes of marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with eWebCircle hereunder, it may have access to certain information and materials relating to eWebCircle 's business, plans, customers, software, and marketing strategies that is confidential and of substantial value to eWebCircle, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by eWebCircle. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by the Customer of any such confidential information in its possession, and all confidential materials shall be returned to eWebCircle or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, eWebCircle shall be entitled to injunctive relief, which relief shall not be contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between eWebCircle and Customer is that of vendor and vendee. They shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. This agreement is a commercial agreement between businesses, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of eWebCircle, or in any other way legally bind eWebCircle in any fashion, nor shall Customer be authorized to make any representations about eWebCircle or its services other than to set forth eWebCircle 's responsibilities as outlined in this agreement.
9. ENTIRE AGREEMENT & MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. eWebCircle may make changes to this agreement upon thirty (30) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of eWebCircle services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s). Otherwise, this agreement may not be modified except by the of written consent of both parties.