1.0 Preamble

These terms and conditions (TC) define the terms and conditions relating to the products, packages and services provided by a client and nature of the association responsibilities, guarantees and liabilities between Web Enter and that client.

1.1 Qualifications

• The use of the term 'client' in this TC can also be taken to mean 'Customer' or 'User of Web Enter's services, products, packages and infrastructure'.
  
  
• Where there is a conflict between this TC and a set of specific terms and conditions (STC) agreed between Web Enter and a client, the STC takes precedence over the TC. If no STC exists or a specific issue is not referred to in the STC then the terms and conditions of TC apply.
  
  
• Where reference is made to ‘in writing’ the medium used can be either paper or email unless the specific medium to be used is identified.

2.0 Contact and Authorisation

The Client must specify in writing (e.g. email) the full name and contact details including a functional email address of the individual(s) who will act on the Client’s behalf in all dealings with Web Enter.

This individual(s) will be authorised by the Client to receive all correspondence from Web Enter, be responsible for the Client’s side of communications between Web Enter and the Client, the organisation of payment of Web Enter’s fees and charges billed to the Client, provide authorisation on behalf the Client for Web Enter to provide the agreed services, packages or products to the Client and to authorise the provision to Web Enter of any required information, files or other material or information needed to provide the agreed service, packages or products.

The failure of the Client to allocate such an individual or provide their contact details or update Web Enter on changes concerning the actual person nominated for this role by the Client and/or the associated contact details voids any responsibility by Web Enter to provide any service, packages or products irrespective if such service, packages or products having been paid for by the Client. No refund will be due or provided. Note, the ‘contact details’ are taken for the purpose of these terms and conditions to include the full name of the individual(s), their business postal address, telephone and/or mobile number and functional email address allocated by the Client.

3.0 Web Hosting

There is no minimum term for hosting with Web Enter however, a hosting account must be cancelled by a Client via writing (email is acceptable).

Hosting costs will be defrayed by Web Enter or shared between Web Enter and the Client as agreed.

Web Enter agrees to maintain the web hosting account of the Client for the term of their association until such time as that association is terminated in writing (maybe via email) by Web Enter and /or the Client.

All hosting accounts will be automatically renewed at the end of their respective billing cycles unless notice a is received requesting the cancellation of a specific hosting subscription. 

Access to the hosting account may be provide to the Client or their representative at the discretion of Web Enter. Access by the Client to the hosting account my be terminated by Web Enter at any time and at the discretion of Web Enter.

4.0 Domain Names

If domain name management is part of the hosting service provided by Web Enter to a Client, then Web Enter will ensure the Client’s domain name(s) are maintaining and renewed when required. Domain name costs will be defrayed by Web Enter or shared between Web Enter and the Client as agreed.

Clients that do not maintain a hosting service with Web Enter are responsible for their own domain name management and its associated costs and liabilities.

Web Enter’s responsibility managing and renewing a Clients domain name(s) ceases upon the cancellation of their hosting service with Web Enter.

5.0 Limitation of Liability

Client agrees that Web Enter shall not be liable for any direct, indirect, incidental, special or consequential damages, or exemplary damages resulting from:

(a) the use or the inability to use the service, or for cost of procurement of substitute goods and services,

(b) interruption, suspension or termination of service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent,

(c) or resulting from any goods or services purchased or obtained or messages received or transactions entered into through or from the service, or

(d) resulting from unauthorised access to or alteration of client's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Web Enter has been advised of the possibility of such damages. Web Enter is not responsible for any loss of data resulting from Web Enter's deletion of a client's website or social media service, network or system outages, file corruption, or any other reasons. Web Enter is not responsible for any 'down time' or 'outages' of service, hosting, or any service related to the site. Web Enter is not responsible for the content of a Client's website (including links to other websites) or social media service. The opinions, values and views expressed on a Client's website or social media service do not reflect those of Web Enter. Web Enter is not responsible for the delivery of any goods or services sold or advertised by a client, owner of a specific website or others.

6.0 General

The relationship between Client and Web Enter are governed by the laws of the State of Victoria and the Commonwealth of Australia without regard to its conflict of law provisions. Client and Web Enter will submit to the personal and exclusive jurisdiction of the courts located within the State of Victoria. The failure of Web Enter to exercise or enforce any right or provisions of the TC will not constitute a waiver of such right or provision.

If any provision of this TC is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TC will remain in full force and effect.

Any claim or cause of action arising out of or related to this TC must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any statute or law to the contrary. Web Enter makes no warranties of any kind, whether express or implied, for the services, packages or products it provides. All services are "as is". Web Enter also disclaims any warranty of merchantability or fitness for a particular purpose. Web Enter will not be responsible for any direct, indirect or consequential damages, which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. Web Enter makes no guarantee in any way in regard to the website and offers its service on an 'as is' basis.

The headings in this TC are for convenience only and have no legal or contractual effect. If any provision of this TC is determined by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TC shall otherwise remain in full force and effect and enforceable.

Web Enter may modify this TC, in whole or in part, at any time. Notice of such modification may be made by or on behalf of Web Enter to the Client via email or regular mail. Web Enter may terminate this TC at any time. The Client will be deemed to have agreed to such modified TC if the Client continues to use Web Enter's services, packages or products and/or Web Enter does not receive a notice of termination within such period of 30 days from posting of modification.

7.0 Internet Access

Internet Access is not offered by Web Enter and is therefore not part of any package offered by Web Enter. The Client needs to arrange their own Internet access if they do not already have a current service.

8.0 Our Site Links

Web Enter will not be responsible for any direct, indirect or consequential damages which may result from the use of any link out to another website. Once any visitor has clicked and followed a link from Web Enter all actions and decisions are deemed his/her responsibility and without any recourse to Web Enter.

This policy may be amended at any time by publishing a new version on our website.