Terms and Conditions

You are responsible for keeping a copy of any existing Web Site which we may replace pursuant to the provision of web design services including all databases and hosted files.

We are not responsible for the contents of any Web Site we design for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. We are similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislation.

Terms for Tailored Websites and Hosting

1. All website content must be provided by you within 1 calendar month of invoice (project commencement). If your data is not supplied within 1 month, we reserve the right to place your project on administrative hold. If no data is supplied within 2 months of invoice, the project will be cancelled and subject to cancellation fees.

2. You must provide complete feedback within 7 calendar days during design concept and production review. If no feedback is provided within this time, we reserve the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $80 per hour or part thereof.

3. You may request an Administrative Hold of your project for up to 6 months at a cost of $50. We will stop working on the project until you advise us that you are ready to move forward. If the project is placed on hold for more than 6 months, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available.

4. If you are unhappy with your site design, you may request additional layout concepts, at a cost of $150 per layout, with full payment required upfront.

5. Once your website has been published, we will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. Any cosmetic changes or alterations, or code errors reported outside of this time period will be subject to additional charges at our standard commercial rates of $80 per hour or part thereof.

6. For website builds including open source third party CMS applications (such as WordPress, Joomla or OS Commerce), website owners agree to pro-actively monitor available releases of upgrades and/or patches to secure their applications from hackers and malicious scripts. We will provide an on-demand upgrade service for any such application at $80 per hour.

7. We warrant that the website functions to the level agreed upon at point of sale only for the server configuration where development takes place. We cannot be held responsible for errors or functionality loss if the website is altered and hosted on a server environment that does not match the development server specifications. Additional costs of $80 per hour apply for corrections.

8. 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

Search Engine Optimization

1. Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful.

2. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimization services by us.

3. By participating in the Traffic Accelerator program, your site will be updated with recommended links as part of our Link Building program. You are responsible for reviewing these changes and advising us to remove any which you deem are not suitable. We will endeavor to remove any links you nominate within 24 working hours.

4. The sale of search engine optimization services are final, and no refunds or credits are available upon commencement of the program.

Acceptable Use

The following activities are expressly prohibited:

(a) Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;

(b) Running standalone, automated server-side processes including but not limited to any daemon;

(c) Running any bit torrent application, tracker or client;

(d) Participating in file sharing or other peer to peer sharing activity

(e) Executing any script for longer than 180 seconds;

(f) Executing any database query that takes longer than 30 seconds to complete;

(g) Specifying cron tasks that execute more frequently than every 300 seconds.

Service Levels

1. We warrant that your uptime availability will be at least 99.9% except where failure results from:

(a) Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;

(b) Your act or omission or that of a person under your direction or control;

(c) Scheduled maintenance completed within the notified maintenance window;

(d) A requirement, direction or any other order issued by an authority with jurisdiction over the service;

(e) Unauthorized or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.

2. The uptime service level is not met if:

(a) Router packet loss is in excess of 50% and is sustained for 120 seconds or more;

(b) Latency across our network exceeds 120 milliseconds, for longer than 300 seconds.

3. At your request, we will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If we reasonably determine that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.

Support Services

1. Your service is defined as “unmanaged” unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.

2. Your obligations include:

  • Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
  • Maintaining security of your network and applications;
  • Performing the role of “system administrator” which includes collection of tasks related to utilizing system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.

You acknowledge:

(a) Microsoft Windows and Linux operating systems tougher with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;

(b) Technical support is limited to hardware and network failures;

(c) 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;

(d) 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.

SSL Certificates

Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.

We provision digital certificates via the Certification Authority, Geotrust. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of GeoTrust.

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 That Computer Chick.

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 That Computer Chick, 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 endeavor 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.
It is your sole responsibility to maintain a full back up of your data and files.

Terms

  1. 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.
  2. 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.