Majestic IT Services

 

Terms & Conditions.

 

1. DEFINITIONS

 

1.1 In this Contract unless the context otherwise requires:

'Contract' means the contract between Majestic IT Services and the Customer incorporating these terms and conditions and the Majestic IT Services price list, as the same may be amended modified or supplemented from time to time in accordance with these terms and conditions;

 

The following terms and conditions apply to all services offered by Majestic IT Services. By ordering services from Majestic IT Services you are agreeing to the following terms and conditions.

 

Majestic IT Services (registered in Queensland, Australia: ABN 93 324 233 404) whose registered office is at 14 Sailaway Court, Coomera Waters, Queensland 4216, Australia;

 

‘Majestic IT Services Price List' means a list of charges for Service which is made available to the Customer from time to time or upon request. Majestic IT Services may, at its sole and absolute discretion, change alter adjust or vary the charges set-out therein;

 

'Service' means the service provided by Majestic IT Services whereby the Customer is provide with a website and, where applicable, any Services and facilities provided by Majestic IT Services for the Customer in connection with Service, such as updating the contents or structure of the website;

 

1.2 The headings in these terms and conditions are inserted for convenience only and shall not affect their construction.

 

 

2. CONTENT

 

2.1 The Customer must not, nor must any other person, use service:

 

2.1.1 to send or receive any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of confidence, copyright, privacy or any other rights or law;

 

2.1.2 to cause annoyance, inconvenience or needless anxiety;

 

2.1.3 to send or receive any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

 

2.1.4 We reserve the right to refuse to construct or host a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to UK laws.

 

2.2 The Customer must conform with the acceptable use policies of the Internet Standards.;

 

2.3 The Customer must not, nor must any other person use a name such as to infringe the rights of any other person, whether in statute or common law, in a corresponding trade mark or name.

 

2.4 If anyone other than the Customer uses Services, with or without the Customer's knowledge or approval, in contravention of sub-paragraphs 4.1 or

4.2 Majestic IT Services can treat the contravention as a breach by the Customer of this Contract for purposes of paragraph 6 which shall apply accordingly.

 

2.5 If Majestic IT Services suspends Service for contravention of sub-paragraph 4.1 or 4.2 it can refuse to restore Service until it receives an acceptable assurance from the Customer that there will be no further contravention.

 

 

3. DESIGN LIABILITY

 

3.1 The acceptance of a commission shall be deemed as a contractual agreement between the client and Majestic IT Services.

 

3.2 All material, both text and images, supplied by the client and used in the construction of the client's web site, will remain the client's property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.

 

3.3 The copyright for all material provided by Majestic IT Services, such as HTML code, graphics, photographs and text, will remain the property of Website Market until such time as payment has been made in full whereupon they will become the property of the client.

 

3.4 Majestic IT Services does not undertake to promote a client's website as part of the design commission. If a client wishes Majestic IT Services to promote a web site as a separate commission, Majestic IT Services will make every effort to promote said website effectively but cannot guarantee high placings in search engine results.

 

3.5 Majestic IT Services will initially place the client's website on Majestic IT Services server in order that the client may view and comment upon the website's progress. When both Majestic IT Services and the client agree that the website meets the criteria agreed during the commissioning process, Majestic IT Services will publish the website on the client's server and invoice the client for the outstanding balance due for the commission.

 

3.6 If at any point during the design process a client wishes to cancel, they may do so but will be invoiced an amount that Majestic IT Services judges to be proportional to the amount of work completed on the commission.

 

3.7 If, during the design process, the client does not supply the content required in order to complete the commission within a reasonable amount of time, Majestic IT Services will consider that the client wishes to cancel the commission.

 

3.8 Majestic IT Services undertakes to maintain and edit the client's site as per the 'package' agreement. Further editing or upgrading can be requested at any time - please refer to the main site for details or contact us .

 

 

4. HOSTING

 

4.1 While Majestic IT Services will always endeavour to ensure that your site is accessible at all times we do not guarantee that there will not be times(due to system failure or maintenance) when your site is not accessible.

 

4.3 Should you wish at any time to transfer your site to another Server we facilitate this for you but a transfer charge may be payable. Please contact us for clarification.

 

4.4 Majestic IT Services reserves the right to alter prices at any time without notice. If a client has commissioned any services from Majestic IT Services prior to a change in prices that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.

 

 

5. PAYMENT

 

5.1 The following fees shall apply to all clients: A total fee will be agreed upon after an initial consultant of the needs of completion for the web site, 50% of said fee is due after initial consultation and on agreement of work to be done. The remaining 50% shall be due and payable no more than 7 (Seven) days from when work is completed and when the website or other work is uploaded to its final destination.

 

The costs incurred for: domain registration, hosting set up and hosting are due immediately on purchase of which a separate invoice will be raised. On full payment of this invoice, the domain names then become the property of the client. Majestic IT Services agrees to complete this project within the agreed cost for the work required, unless the Client requires additional work or services not agreed upon, or if the Client requires multiple design drafts or repeated changes that would significantly increase work required of Majestic IT Services.

Majestic IT Services will not charge any fees in addition to those specified in this contract without first consulting the Client and reaching an agreement regarding this.

 

5.2 Any further invoices for Hosting (year 2 onwards), Maintenance and Re-registration of Domain name (i.e. year 2, 3 etc.) will be forwarded to the client at least 30 days before the relevant payment is due.

 

5.3 Late payment of any invoice for hosting fees where the hosting service has to be susspended, will be subject to a $45.00 admin fee to re-instate the service and any subsequent email services etc.

 

 

6. DEFAULT

 

6.1 Majestic IT Services can (without losing or reducing any other right or remedy) suspend contents update Service (including partially) temporarily without notice, though the Customer remains liable to pay rental during the period of suspension, or terminate this Contract by immediate notice, if:

 

a) the Customer does not pay any charge within 30 days of it falling due; or

 

b) breaches this Contract in any other way; or

 

c) is subject to bankruptcy or insolvency proceedings.

 

6.2 For the purposes of this Contract "bankruptcy or insolvency proceedings" means bankruptcy proceedings or in Scotland sequestration proceedings, becoming insolvent, making any composition or arrangement with creditors or an assignment for their benefit, any execution, distress, diligence or seizure, being the subject of proceedings for the appointment of an administrator, going into liquidation whether voluntary or compulsory (except for the purposes of amalgamation or reconstruction) or having a receiver or administrative receiver or similar officer appointed over any assets.

 

6.3 On termination under this paragraph the Customer shall pay Majestic IT Services all charges which are due for Service up to the end of this Contract.

 

6.4 The Customer continues to be liable to pay all charges which are due for Service during any period in which the Customer does not comply with this Contract, which term shall include any period during which Service to the Customer is temporarily suspended by Majestic IT Services in accordance with Clause 6.1.

 

6.5 .If Majestic IT Services waives a breach of Contract by the Customer, that waiver is limited to the particular breach. Majestic IT Services delay in acting upon a breach of Contract is not to be regarded in itself as a waiver.

 

 

7 TERMINATION OF SERVICE BY NOTICE

 

7.1 At any time after Service has commenced this Contract or the provision of any Service or facility under it may be terminated by either Majestic IT Services or the Customer on giving at least 30 days notice to the other.

 

7.2 If Majestic IT Services gives notice to the Customer the Customer shall pay subscription charges up to the expiry of the notice. If the Customer gives notice to Majestic IT Services the Customer shall pay subscription charges until 30 days after the date Majestic IT Services receives the notice or until the expiry of the notice, whichever is later. Without prejudice to the foregoing, the Customer shall pay subscription charges for the remainder of any minimum period of Service at the rate in force at termination. The Customer's notice does not avoid any other liability for Service already provided. Whoever gives notice, Majestic IT Services will repay or credit the appropriate proportion of any subscription charge paid in advance (unless it is for part of the minimum period of Service) for a period ending after the Customer's liability for subscription charges ceases.

 

7.3 Termination of this Contract howsoever occasioned shall be without prejudice to the rights of either party accrued as at the date of termination.

 

 

8. FORCE MAJEURE

 

Majestic IT Services is not liable for any failure or delay in performance under this Contract which might be due, in whole or in part, directly or indirectly, to any contingency, delay, failure, or cause of any nature beyond its reasonable control, including without limitation acts of God, nature, court or government, or acts or omissions of any other party for whom Majestic IT Services is not responsible.

 

 

9 NAME

 

9.1 The Customer confirms and warrants that he is the owner of or that he has been and is duly authorised by the owner to use any trade mark or name requested or allocated as its name.

 

9.2 The Customer acknowledges that Majestic IT Services cannot guarantee that any Name requested by the Customer will be available or approved for use.

 

9.3 Majestic IT Services shall have discretion to require the Customer to select a replacement Name and may suspend Service if, in Majestic IT Services opinion, there are reasonable grounds for Majestic IT Services to believe that the Customer's current choice of name is, or is likely to be, in breach of the provisions of sub-paragraph 4.3.

 

 

10 DATA PROTECTION

 

Majestic IT Services reserves the right to put the names and other information from the order form relating to its Customers into a computerised directory for internal use only, unless specific written instructions are received from the Customer.

 

By agreeing to these terms and conditions your statutory rights are not affected.

Majestic IT Services reserves the right to change or modify any of the terms and conditions contained in these Terms and Conditions.

If you have any complaints about the quality of service you have received from Majestic IT Services please e-mail us on:

support@MajesticIT.com.au Or write to:

Majestic IT Services
14 Sailaway Court
Coomera Waters
Queensland, 4216
Australia

 

stating the full nature of your complaint. We take customer satisfaction very seriously and will investigate your complaint promptly and thoroughly.