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General Terms & Conditions

1. General

(a) Web Chemistry is a subsidiary of Brainchild Labs Pty Ltd.

(b) Web Chemistry shall strive to provide professional services that meet the needs of our clients during the agreed hours of operation and in respect of the service option chosen by the client.

(c) All members of our staff will be tertiary qualified and have received comprehensive training to ensure that they can perform their assignments in an effective and professional manner. They will possess relevant and current industry experience.

(d) The provision of our services will be coordinated by experienced management staff who will be assisted in their endeavours by the use of our highly developed, computer-based service management system.

(e) All Web Chemistry managed clients on a Maintenance Plan are subject to this current Web Chemistry terms and conditions document. Any Maintenance Plan terms and conditions may override or apply in conjunction with these terms and conditions.

(f) By filling out your name or approving any form of quotation or proposal, you give Web Chemistry authorization to start work.

(g) If for any reason the client decides to terminate an agreement there may be outstanding charges for work rendered.

(h) Brainchild Labs Pty Ltd (ABN 48 634 644 723) and any mention of Menkom or Web Chemistry are brands (subsidiaries) are owned by Brainchild Labs Pty Ltd.

2. Availability

(a) Web Chemistry support staff will be made available on all days of the year except weekends and public holidays, between the normal business hours of 9am to 5pm (Sydney time) excluding weekends.

(b) Web Chemistry support staff will also be made available outside of normal business hours of operation by special appointment or by any custom maintenance agreement.

(c) Web Chemistry support staff are available on hand 24 hours a day 7 days a week via our support ticket system.

3. Response Times

(a) Response times refer to the time it takes to begin working on a problem, not to resolve a problem.

(b) Web Chemistry will respond to support calls within 1 to 3 working days where possible.

(c) Web Chemistry will respond to support tickets within 1 to 3 working days where possible.

(d) Web Chemistry’s primary form of contact and most recommended is thru our ticket system. This allows us greater visibility and also allows us to assign tasks to team members. You may however contact us via direct email, phone, sms, social media (where applicable) and possible future contact mediums.

(d) From time to time we will require your feedback for different things. To assist in the workflow we expect you to provide the feedback within a reasonable time-frame 48 hours from when feedback is requested. If for any reason you don’t send us the feedback or approval we require, we will take this as you having accepted the work rendered to a satisfactory standard and proceed with the project if possible or invoice out for the work rendered. This will ultimately extend the expected completion date.

4. Fees and Charges

(a) Web Chemistry’s Hourly Support Rate is currently $110 plus GST per hour.

(b) Any third party vendor charges incurred will be charged in addition on the service invoice or will be invoiced separately.

(c) Some projects will require Web Chemistry customer’s to pay instalments at the beginning of each stage that is started. Payment must be made within 7 days to continue the project or will delay the project timeline.

(d) Any out-of-scope work performed beyond the scope of any quoted job will be subject to the current Web Chemistry’s service rates.

(e) Web Chemistry will provide up to 5 minutes of phone and or remote support assistance at no charge, however, charges will apply for any further time taken beyond the initial 5 minutes subject to Web Chemistry’s Hourly Support Rate.

(f) All remote support work is charged in 15 minute increments.

(g) Any data migration charges are based on an average of 1 hour copying time. This copying time may differ depending on hardware and data size and therefore additional charges may apply.

(h) If there is a deposit required then you will be invoiced out at the beginning of the project and the deposit must be paid before any work commences.

(i) Any deliverable’s not outlined in a quote will be considered out-of-scope and will be chargeable at Web Chemistry’s current hourly rate.

(j) Dishonoured cheques will attract an administration charge of $30.00.

(k) Support tickets will be billed upon job completion. Once the support ticket is finished you have up to 48 hours to re-open the ticket in case you find the job is not complete satisfactorily. If we do not hear back from you after 48 hours we will assume the support ticket has been completed to your satisfaction and can no longer be re-opened.

5. Payments

(a) Any invoices received from Brainchild Labs Pty Ltd are to be paid strictly within 7 days of the date of invoice.

(b) Web Chemistry accepts the following payment methods; cash, direct deposit, credit card.

(c) Failure to pay any invoices from the original date of invoice within 45 days will result in account suspension & further legal action to recover monies.

(d) In the event of financial difficulties Web Chemistry will gladly work out a payment plan that satisfies both parties.

(e) Web Chemistry will send the client a first reminder 2 days after the due date of the invoice. Web Chemistry will further send a second reminder 7 days after the due date of the invoice. Web Chemistry will send a final reminder 14 days after the due date of the invoice.

(f) Web Chemistry reserves the right to capture any outstanding invoices via any method available on your account 45 days or more after being overdue.

(g) Customers are required to pay invoices by the due date, if there are any more than 2 outstanding invoices at any given time, Web Chemistry at their discretion may put a hold on your account until outstanding invoices are paid in full.

6. Warranties

(a) Any services performed by Web Chemistry are warranted for 7 days, subject to Web Chemistry’s investigation on the end-user actions during this period.

7. Cancellation, Returns & Refunds

(a) Any cancellations of signed approvals or agreements must be done in writing.

(b) Cancellation of signed agreements or approvals will incur charges for all work carried out up to the time of Web Chemistry receiving written cancellation.

(c) If any booked appointments are to be cancelled, you must notify Web Chemistry of this by 5pm the business day prior to the booked appointment otherwise a minimum of 1 hour labour charge may apply.

8. Guarantees

(a) We will warrant a 30 day bug free period for all new Web services rendered.

9. Website Design Services

(a) If content creation is not specifically mentioned in the quote then it is not Web Chemistry’s responsibility to create content. Your new website will be CMS driven meaning you can enter in the content yourself. If content creation is required we offer professional copywriting services at an additional charge.

(b) Web Chemistry will produce your website according to the specifications you have made from the initial consultation and client survey if applicable. If you are not satisfied with the the work produced, you are entitled to 2 revisions unless specified in your quote to meet your approval. If more than the amount of revisions specified are required, Web Chemistry is happy to fulfil more changes however this will incur additional charges and will also affect the delivery date.

(c) All other design work is governed by the 2 revision rule unless specified in the quote. If more than 2 changes are required Web Chemistry is happy to fulfil more changes however this will incur additional charges and will also affect the delivery date.

(d) Web Chemistry will deliver a high level of cross-browser compatibility with all modern browsers with decent market share at the time of developing your website. Web Chemistry cannot guarantee cross-browser compatibility with all third party web browsers. Web Chemistry no longer supports Internet Explorer 6 as it is now more than a decade old. If outdated browser compatibility is specifically required then additional hourly charges will be incurred.

(e) Web Chemistry maintains accountability for bugs found during an additional 30 days from the end date of the project. This ensures that no bugs are left unresolved once the website has been handed over to the client. We will fix any newly found bugs the client or Web Chemistry did not find at the bug fixing stage of the website development. Any changes or bug fixing outside of this period will be dealt with as out of scope and charged at Web Chemistry’s current hourly rate.

(f) The website, source code, images and all its contents rights will be passed to the client upon full payment of any outstanding monies. Until then the website, source code, images and all of its contents not provided by the client will be copyrighted to Web Chemistry.

(g) Our websites bare the Web Chemistry branding in the copyright information section of the website, generally located in the footer of the website on every page. We make sure that the Web Chemistry branding is not prominent and therefore make it a rule that the font size will not be any larger than that standard text font size used throughout the website. This branding links to the Web Chemistry website. If during the life of the website Web Chemistry designed and built, you do not want your website to bare the Web Chemistry branding or linking back to our website then you agree to pay 25% of the total cost of the website to Web Chemistry to have that right either before or after development is completed. Moving your website to another hosting provider or engaging another website developer does not automatically give you the right to remove our branding. The website must be considered significantly different from that of what Web Chemistry produced from that of when Web Chemistry no longer officially maintained the website. Web Chemistry, in any case, reserves the right to have the website Web Chemistry produced listed on the Web Chemistry website in our portfolio.

(h) For all Ecommerce websites we only include the basic postage calculation methods, and payment methods unless specified in your quote, these are currently Australia Post postage calculation, Flat Rate calculation, Strip, Paypal, COD. If you have special requirements and need to connect to any third party API’s to calculate postage or third party gateway systems this will be classified as out of scope and will be charged as out of scope work.

(i) To maintain a high level of support all websites built by Web Chemistry have an inbuilt administrator account that is only available to Web Chemistry staff, this administrator account is used for the purpose of development and administration of the website. If for whatever reason administrator access is required to the website this may be provided by Web Chemistry upon full payment of any work rendered or outstanding invoices. The client is also aware that upon giving administrator (full access) to the website all warranties, maintenance agreement for the website will be null and void upon giving this information due to nature that any changes done in administrator access may result in the website being non-functional.

(j) Web Chemistry uses theme a framework call Divi as the base for all website design and development projects, themes are designed to cut down on development time and allows us to turn around a website quicker. It also allows us to give you a more competitive price since some of the design and development work has been done. We use a developers edition of Divi which allows us to create sites without individual licensing restrictions. Legacy clients who are not on an active Website Maintenance Plan or who require Administrative access to the website or who decide to take their business elsewhere will be required to purchase and maintain their own licensing with Divi to have continued support and updates.

(k) Web Chemistry uses paid and free plugins for WordPress to add functionality to websites, to achieve the functionality you may require.  Web Chemistry has invested in several developer editions of plugins that allow us to build client websites without having to pay individual licensing fee’s. Clients who are on an active Website Maintenance Plan will benefit from not having to pay any subscription fee’s or renewal fee’s to use these plugin. If for any reason Administrative access or you decide to terminate your services with Web Chemistry, we reserve the right to remove all license keys from any active plugin and you will have to purchase individual licensing to continue to use them or gain support or updates. Please note some third party plugins require to have an active paid subscription to use their plugin outside of the scope of Web Chemistry’s Website Maintenance Plan due to the way the developer has created them. We will let you know if this is the case depending on what functionality you are requiring.

(l) Web Chemistry cannot guarantee and is not liable for any 3rd party security holes that may arise as a result of using 3rd party themes, plugins for WordPress. Web Chemistry maintains the highest level of security and will always use the latest version of WordPress, 3rd party plugins and themes at the time of development. Web Chemistry offers a Website Maintenance plan service to keep your website actively maintained and updated to minimise against security threats such as viruses, malware, SQL injections, hacking etc.

(m) Web Chemistry does not actively maintain websites for downtime, security patches, plugin and theme updates, backups, hack attempts etc.. that are not on a Website Maintenance Plan. Web Chemistry can, however, maintain your website on a monthly basis subscribing to our Website Maintenance Plan. * only available to sites built using the Divi Framework.

(n) Payment must be made in full before any website is officially launched and handover procedure takes place, including Administration usernames and passwords, if payment is not made the website will remain in a ‘Under Construction’ mode.

(o) If any completed website remains unpaid for a period of 90 days or longer, Web Chemistry reserves the right to suspend or delete the website from your hosting account and also reserves the right to resell the website layout and design to another potential client.

(p) By approving any quotes either via ticket correspondence or direct email the customer is in agreement to the Terms and Conditions herein and to make all milestone payments as stipulated in the quote. Invoices will automatically be generated at each payment milestone date.

(q) Our Website Maintenance Plan is a monthly low-cost plan that takes care of everything for your website, this includes Hosting Fees, Maintenance, Priority Support, SSL Certificate, Premium Theme & Plugins and any renewals associated with them. Our plan is governed by the following conditions:

  1. The nature of being on a WordPress Website Maintenance Plan means greater accountability to Web Chemistry, as such we do not give Administrator access to the website being managed to uphold this high level of accountability. Nor do we give access to the hosting control panel (cPanel). In the event, the customer requests this information where for themselves or any 3rd party it must be given in writing or via email and also is aware that no further liability or accountability will be had on the website being managed. The website will continue to be managed  but no warranty or guarantee will be given.
  2. Our Website Maintenance Plan is a monthly subscription service and can only be paid via Credit Card. You have the ability to update your credit card on file with us at any time via the client portal. If for whatever reason your credit fails to capture payment you will be notified and if not rectified your account may be suspended until payment is made.

(r) Our Website Maintenance Plan grants you a discount on our hourly support rate of %20 percent ongoing per hour for the life of your subscription.

10. General Support

(a) Our primary form of support is via our client portal, you may also send us a support ticket via email which is support@webchemistry.com.au every support ticket will be assigned a support ticket number. This ticket number is a reference number for your particular issue. If you have more than one issue to raise, you should open a new ticket. Each ticket’s subject should be a clear and concise description of your issue. This will allow our support staff to easily identify and also diagnoise your issue. We recommend you open a new support ticket via our client portal as well as reply to tickets via the client portal.

(b) We will also support our clients via Phone, email, SMS. However please be aware that those means are secondary to our primary form of contact and hence may not get the same response time as our primary form of contact. 

11. Amendments

(a) Any modifications to these Term & Conditions will be effective from the last revision date stated on the bottom of this page.

 

Hosting Terms & Conditions

ount and all other client related services can be accessed by visiting the client portal. Our client portal is behind an SSL connection which protects your privacy as you navigate the client portal.

1. Account setup

(a) Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer’s users. If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.

(b) We are self serve provider. The customer will manage their own account setup using the tools we have provided. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment of the card to 1300 855 460 (if requested by our accounts department) before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.

(c) It is not possible to assign products and services across separate accounts once ordered. Duplicate accounts can be merged into one account.

(d) Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the ‘primary account holder’. The primary account holder will be issued with an email address and password which is required to access My Account for billing and technical support. You are required to login before we engage your account. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Web Chemistry may also verify your identity by asking security questions, as required by the privacy laws in Australia. The client agrees to provide this information before assistance can be provided to them. The primary account holder also agrees to keep their contact information up to date at all times.

(e) If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $45 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to email Web Chemistry a signed letter or email which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership of the account. Changing the legal ownership of an account does not include updating the legal registrant information for a .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.

(f) Web Chemistry is not responsible for maintaining or to set up email accounts across multiple devices unless specifically stipulated in a quote. Web Chemistry does provide a knowledge base article on how to setup email accounts across multiple devices available in the client portal.

Content

(a) All products and services provided by Web Chemistry may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.

(b) The customer agrees to indemnify, defend and hold harmless Web Chemistry from any claims resulting from the use of our products or services in any shape or form. Web Chemistry does not endorse any web site content hosted on our network and the content remains the property of the web site owner.

(c) Examples of unacceptable material:

  • IRC Bots
  • Warez Sites
  • Defamation of a person’s character
  • Pirated Software
  • Running processes which cause the server to crash or become non-responsive
  • Illegal or pirated sites, content or software.
  • Breaching copyright and trademarks
  • Proxy servers or other servers
  • Hate sites
  • Run any bit torrent
  • Pornographic sites
  • MUD applications
  • Hack programs and archives
  • Spamming related sites or sites that send / relay spam email
  • Extremists sites
  • Phishing sites
  • Other sites where formal complaints are received
  • Sites where Web Chemistry is placed ‘on notice’ or where legal action will be take against a Web Chemistry for hosting a web site, with supporting evidence.
  • Sites which have been hacked / run malicious scripts

(d) If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at Web Chemistry’s standard rate (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach. If you are on an active WordPress Website Maintenance Plan you will not be charged a cleanup fee.

Resource usage

(a) Users may not initiate the following:

1. Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc.
2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any gaming servers such as counter-strike, half-life, battlefield1492, etc
6. Any activity which causes the server to crash / restart
7. Check their email more than 20 every 3 minutes.

Zero tolerance spam & Leeching policy

(a) We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double option” will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.

(b) We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.

(c) The customer agrees not to use the shared URL as a primary download link or web site address, except for genuine shared SSL usage, as outlined below. This link is provided for web site testing purposes only. If found to be using the shared URL as a primary download link or web site address, you will be charged extra bandwidth usage charges and/or a clean up charge as the discretion of Web Chemistry. The shared SSL link can only be used for valid sites that need secure access for their functionality e.g. Running an online store.

Backups and data loss

(a) Your use of our products and services is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred.

(b) We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseeable corruption of programs, hacking, etc.

(c) Our hosting provider keeps a maximum of 30 days backup at any given point in time, we cannot guarantee backup availability beyond this time. All clients on an active Website Maintenance Plan will benefit from free backup restorations when required and must be done in writing or email via our support ticket system. All clients not on an active Website Maintenance Plan who require a backup restoration will be charged a restoration fee.

Support

(a) If the customer is experiencing difficulties or issues with your hosting, you are required to notify us of the issue immediately, so we may resolve the issue. If you do not notify us of the problem, no allowances will be made, as we have not been given a reasonable opportunity to resolve the issue. We are an Internet Presence Provider (IPP) and are not responsible for the users Internet Connectivity through their Internet Service Provider (ISP), connection troubleshooting or computer setup. Please contact your ISP for assistance in these matters.

(b) All support related matters should be sent via our support ticket system and not via any other means. Please visit the client portal

Security

(a) We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.

(b) No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel is managed by Web Chemistry and access to cPanel is not allowed due to the nature of security risk it may impose. Any requests that may need to be done via the hosting control panel will need to be given in writing via our support ticket system and our staff members will attend to the request.

(c) We use sophisticated security measures on our servers, including but not limited to Resource usage, Firewall, Malware/Virus scanning etc. We cannot guarantee that your service will be 100% secure due to the evolving and ever-changing nature of the internet.

Payment

(a) The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel any service you have with us, it must be in writing via our support ticket system.

(b) Web Chemistry reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.

(c) It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc. Please ensure you have whitelisted our email address in your spam filter settings.

(d) All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.

(e) Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration.

(f) We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.

Credit Card payments

(a) If you have signed up for a service using a credit card, your credit card will be rebilled on the due date of future invoices.

(b) Please ensure sufficient funds are available on the due date. If rebilling fails due to insufficient funds in credit card account, we reserve the right to add $1.00 per failed transaction to your account, to cover our transaction fees.

(c) You understand and agree that we have obtained the credit card owner’s permission to use the credit card to purchase our products and services and you are aware, accept and agree that the transaction is taking place on your card.

(d) If a charge back is requested where services have been provided and/or you have not followed our cancellation procedure, a $50.00 administration fee applies per chargeback request.

(e) Your Credit Card will be used as the primary method of payment, this means all future invoices (regardless if a subscription-based service or ad-hoc work) will be taken out via this payment method. All subscription-based services will be taken on a recurring basis via Credit Card only on their due dates. You may elect to change you default payment method to direct deposit at at anytime, however subscription-based services and products will continue to be charged via credit card.

(f) You are responsible for keeping your active Credit Card on file with us up to date and you have the facility to log into your client portal and update your Credit Card details on file.

Suspension

(a) We reserve the right to suspend your account if you have an outstanding invoice or account. If your invoice or account remains unpaid, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including but not limited to Domain names, Web hosting, SSL Certificates, Website Support until the account has been paid in full.

(b) Your information will then be passed onto a collections agency for debt recovery, if for 45 days your account remains unpaid.

(c) We reserve the right to suspend your account at any time for breaching our Terms and Conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Web Chemistry has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.

(d) We may investigate to recover any outstanding debts.

Cancellation

(a) Web Chemistry reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.

(b) Any proof of misleading or giving false information to the company or its employees, including, threatening, extortion, harassment, improper conduct, abuse, swearing or other unlawful activities will lead to automatic cancellation of your account without refund. This can be email, live chat, instant messaging, telephone or in any form where staff are threatened, abused or mistreated.

(c) How to cancel your account: To cancel your account or products and services on your account, we require you submit your cancellation request in writing. You may cancel your services via the client portal and request a cancellation via each product/service you have with us. Other requests to cancel your account are not considered official including direct email and SMS. Please ensure your account is paid in full, otherwise, the cancellation will not be successful. You must provide a minimum of 30 days notice prior to your product/service renewal date if you do not wish your product/service to renew.

(d) Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including Domain names, Web hosting, Website Maintenance, SSL, Email, etc. We will not engage your account in any way once your account has been cancelled.

(e) You can elect to downgrade or change a product package via the client portal, any changes in credits will be added to your account as credit. Any credit on the account cannot be redeemed as cash.

(f) Hosting, Domain names, SSL certificates and account add-ons are non-refundable. You may, however, elect to cancel and terminate your service at the end of its billing cycle.

(g) If you have cancelled your hosting account with Web Chemistry and would like to reactivate your account, a $15.00 administration fee may apply to cover the admin time involved in recreating your account and update our billing system.

(h) If your account remains unpaid for a period of 45 days or more, we reserve the right to suspend or terminate your account.

Bandwidth usage / Resource usage / Disk space

(a) It is your responsibility to upgrade your account and monitor your account usage.

(b) This allowance varies depending on the services you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space, resource uage for increased limits. It is the customer’s responsibility to ensure they do not exceed their assigned limits.

(c) Our system will notify you if you reach your disk space / email space usage you must notify us if you would like these limits increased. Our systems may automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.

(d) If your website / application uses more resources than is allocated to it, it may fail to load or cause undue errors when trying to access the website / application. In this case you must notify Web Chemistry of any such issues and if found to be resource usage limitations you will have the option to increase these limits at an additional charge.

Price change

(a) We reserve the right to change prices listed on Web Chemistry’s website, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.

Indemnification

(a) Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Brainchild Labs Pty Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Brainchild Labs Pty Ltd server. Web Chemistry only guarantees an uptime of that provided by the wholesale hosting provider.

By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.

Disclaimer

(a) Brainchild Labs Pty Ltd will not be responsible for any damages your business may suffer. Brainchild Labs Pty Ltd makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Brainchild Labs Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Brainchild Labs Pty Ltd and its employees.

 

Update History

v1.0 – October 2019

v1.1 – November 2019