Last updated: 24/01/2023
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://jamielollback.com website (the “Service”) operated by Jamie Lollback (“us”, “we”, “I” or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Hosting
Hosting is a monthly or annual charge which must be paid in advance.
It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid invoices will result in websites and data to be disabled or deleted from the server.
All renewals must be paid by seven working days prior to the expiry date. I will not be responsible for issues relating to delayed payment.
Websites are hosted on shared and non-shared servers hosted via third party providers. We ensure to the best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.
The client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.
Incase of a malware attack, We reserves the right to delete files on the hosting service without giving any prior notice.
Cancellation/Termination:
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled.
If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and DNS records. Additional charges will be applicable to re-enable the hosting. We will not be responsible for any loss of data, files, emails, backups, restoration costs etc.
If hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.
Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months may be deleted by the provider if the quota is reached.
Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.
We offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
Domains
All domain registrations and renewals are to be paid in advance.
Expiration of a domain can result in service disruption and loss of domain.
We will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.
It is client’s responsibility to renew their domain names with us.
All invoices and dues must be paid in full before we release the requested domain name.
We offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.
Website Maintenance
We offer a website maintenance service for an additional fee. This paid service includes regular updates to the website and technical support. The client is responsible for providing us with any necessary login details for the website if required. There may be times where maintenance is done for no charge, however this is up to our discretion and may not be regular. You should not rely on maintenance being included for free.
Confidentiality
During the term of this agreement and afterward, the Web Designer will use reasonable care to prevent the unauthorised use or dissemination of Client’s confidential information. Confidential information is limited to information clearly marked as confidential.
Confidential information does not include information that: the Web Designer knew before Client disclosed it; is or becomes public knowledge through no fault of Web Designer; Web Designer obtains from sources other than Client who owe no duty of confidentiality to Client, or Developer develops independently.
Intellectual Property
Website Content:
The client is responsible for providing all content for the website, including but not limited to logos, text, images, and videos. The Company will not be held responsible for any errors or omissions in the website content.
The Web Designer will guarantee that they have legal rights to all elements related to the services they are providing and will not hold the client responsible for any third-party claims.
Intellectual Property:
The Company retains ownership of all intellectual property rights, including but not limited to any website design, development, and code created by the Company. The client is granted a license to use the website, but the license is non-transferable and non-exclusive.
Payment
The Company requires a 50% deposit before starting work on your website. The remaining 50% is due upon completion of the website. The Company reserves the right to withhold the final website files until full payment has been received. We accept payment via Stripe, bank transfer or PayPal.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Jamie Lollback.
Jamie Lollback has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Jamie Lollback shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Australia without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.