In order to become a customer of eMerchant, or a user of any and all eMerchant services including webdesign services, domain name registration, website hosting, email and emarketing, you must agree to the following terms and conditions. Your agreement to these terms will be indicated by your signature on page four of this brief.

1. general

a) eMerchant reserves the right to refuse service and /or access to its products and servers to anyone.

b) eMerchant reserves the right to suspend or cancel a customer’s access to any or all services provided by eMerchant when eMerchant decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.

c) Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away eMerchant services to other parties.

d) eMerchant does not allow any of the following content to be stored on its servers:
i.) Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world. ii.) Scripts – Any Script that creates a load on the server will be removed. iii.) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of eMerchant. iv.) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.

2. website design & support

a) Clients will select one website structure. Clients will receive two design concepts, and a variation of each concept by email based on the structure  chosen. Clients can request a reasonable number of changes to the concepts until the design is to their satisfaction, approx 2-3 is normal. Once concepting has started the structure choice cannot be changed with out incurring an additional fee.

b) There are 2 sign off phases: Once the design is completed – OK to Build; and when the website is handed over to the client to ensure there are no errors on the live site – Final Sign Off.

c) After 14 days has elapsed from the handover, the website will be considered signed off. Any further changes after sign off will need to be quoted and billed separately. All eMerchant website designs remain the copyright of eMerchant.

d) All websites will be delivered with Latin on each page, the customer is responsible for inserting copy /products etc. and publishing the website.

e) Video tutorials, FAQs and manuals are available free of charge in each users account and on to assist customers update their websites.

f) eMerchant websites are self managed and eMerchant is not responsible for any copy, editing or updating of your website. eMerchant is under no obligation to do any work on your website unless contracted to do so.

g) eMerchant has a business hours help desk available by phone or email 9am-5pm AEST.

3. hosting

a) eMerchant websites are designed & built on a content management system (CMS) and cannot be moved off the eMerchant servers.

b) eMerchant hosting prices will always remain competitive and in line with current market prices.

c) Hosting is prepaid and billed annually, please ensure you are paid up by the due date to avoid suspension.

d) Failure to renew your hosting will result in your website and emails being suspended. You can transfer your domain away from eMerchant, however the website cannot be moved.

4. domain registration

eMerchant does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

5. payment policies

a) All accounts are set up on a prepay basis. Although eMerchant reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

b) Website design payment is due when eMerchant completes the website build. At this time you will receive your CMS login details.

c) Where the account holder provided debit or credit card details and the debit is declined, eMerchant may immediately suspend the service until the outstanding charge is processed successfully. eMerchant reserves the right to suspend other services until the outstanding debt is cleared.

d) The customer is responsible for all money owed on the account from the time it was ordered to the time that the customer sends a written cancellation request.

e) No bills or invoices will be sent by regular mail. All invoices will be sent to customers via email shortly after the purchase has been made.

6. cancellation & refunds

a) All deposits paid are non-refundable after the design brief is returned to eMerchant., Refunds will be less  $80+GST admin fee.

b) Once the design brief is submitted to eMerchant  all design fees are payable in due course. No cancellations will be accepted and no refunds will be given for change of mind or circumstance. All design services ordered must be paid for in full unless cancelled before submitting your design brief.

7. governing laws

This agreement shall be governed in all respects by the laws of New South Wales Australia. The parties to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales Australia.

8. Severability

Each provision of this agreement including these terms of service is severable and if provisions of this agreement or terms of service are held to be invalid or unenforceable such provisions may be removed and the remaining provisions may be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of each section.

9. Indemnification

The customer agrees that it shall defend, indemnify, save and hold eMerchant harmless from any and all demands, liabilities, losses, costs and claims, including legal costs (on an indemnity basis or solicitor/client basis, whichever is higher) claimed or asserted against eMerchant, its agents, its customers, officers and employees, that may arise or result from any service provided or omitted, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The customer agrees to defend, indemnify and hold harmless eMerchant against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with eMerchant websites; (2) any material supplied by customers infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement; (4) any defective products sold to customer from eMerchant websites and any defamatory or allegedly defamatory material on eMerchant servers.

10. Disclaimer

eMerchant will not be responsible for any damage, loss or liability the customer or any third party may suffer. eMerchant makes no warranties of any kind, expressed or implied for services we provide. eMerchant disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by eMerchant and its employees or otherwise. eMerchant reserves the right to revise its policies at any time.

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