In order to become a customer of Powercreations, or a user of any and all Powercreations services including web design services, domain name registration,website hosting, graphic design, you must agree to the following terms and conditions.
may cancel your order at any time. Cancellations must be received in writing
and are subject to the following;
7 days all money paid will be refunded less an administration fee of $165.
7 days and within 14 days 50% of money paid will be refunded.
14 days fees are non-refundable
deposits paid are non-refundable.
fees are charged on a prepay basis. Work will only commence once payment
has been received.
- Powercreations reserves the right to take a web site off line if monthly hosting
fees have not been paid within standard trading terms.
a customer contravenes the Powercreations terms and conditions, the service
will be terminated immediately with no refund.
- Powercreations reserves the right to refuse service and/or access to its products
and servers to anyone.
- Powercreations reserves the right to suspend or cancel a customer's access to any or
all services provided by Powercreations when Powercreations decides (at its
absolute discretion) that the account has been inappropriately used or
accounts are to be used by the account holder only. Individual account holders
are not permitted to sell, resell, store or give away Powercreations services
to other parties.
- Powercreations does not permit the following material and reserves the right to
remove such material from its servers;
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.
– Any Script that creates a load on the server will be removed.
material, including pornography, erotic images, or otherwise lewd or obscene
content of any type. What constitutes “adult material” is entirely at the
discretion of Powercreations.
including pirated software, ROMS, emulators, 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.
design & support
websites will be delivered with blank pages and/or a blank database, the
customer is responsible for inserting copy, products and/or images etc.
Powercreations website designs remain the copyright of Powercreations, and
due to the Sitebox® content management system licensing restrictions cannot be
moved away from Powercreations servers.
a logo has been purchased, this will need to be signed off before the website
design is commenced.
- Powercreations web sites are self managed and Powercreations is not responsible for
any copy, editing or updating of your website. Powercreations is under no
obligation to do any work on your website unless contracted to do so.
- Powercreations has a business hours help desk available by phone or email Monday to
Friday 9am-5pm AWST.
website account is allocated the standard relevant bandwidth and disk space and
any additional usage is an additional charge. Powercreations will monitor your
usage and if Powercreations anticipates that your website may require more
bandwidth/disk space your allocation will be increased. Please see website for
allocations and prices. When additional bandwidth/disk space is purchased, the activation
of the web space is provided as the website requires it up to the purchased
amount. Although Powercreations monitors the bandwidth disk space usage of the
website, Powercreations does not take responsibility for any website going
offline due to exceeding bandwidth or disk space.
all Powercreations websites there is a built-in authorship page that links to
the Powercreations website. This page is linked from the footer of the
client's website. Neither the footer link nor the authorship page can be
Powercreations 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.
Powercreations shall not be liable for any taxes or other fees to be paid in
accordance with or related to sales made by the Customer using Powercreation's
server. The Customer agrees to take full responsibility for all taxes and fees
of any nature associated with such products sold by the Customer.
- Powercreations and its parents, subsidiaries, affiliates, officers, directors,
shareholders, employees and agents, shall not be liable, under any
circumstances or legal theories whatsoever, for any loss of business, profits
or goodwill, loss of use or data, interruption of business, or for any
indirect, special, incidental or consequential damages of any character, even
if Powercreations is aware of the risk of such damages, that result in any way
from the Customer's use or inability to use the online services or the
software, or that result from errors, defects, omissions, delays in operation
or transmission, or any other failure of performance of the website, servers or
- Powercreations makes no warranties or representations of any kind, whether expressed
or implied for the service it is providing. Powercreations also disclaims any
warranty of merchantability or fitness for particular purpose and will not be
responsible for any damages that may be suffered by the Customer, including
loss of data resulting from delays, non-deliveries or service interruptions by
any cause or errors or omissions of the Customer.
of any information obtained by way of Powercreations is at the Customer's own
risk, and Powercreations specifically denies any responsibility for the
accuracy or quality of information obtained through its services.
- Powercreations expressly limits its damages to the Customer for any
non-accessibility time or other down time to the pro-rata monthly charge during
the system unavailability. Powercreations specifically denies any
responsibilities for any damages arising as a consequence of such
Customer warrants that it has the right to use the applicable trademarks, if
equipment & software
Customer is responsible for and must provide all telephone, computer, hardware
and software equipment and services necessary to access Powercreations
websites. Powercreations makes no representations, warranties or assurances
that the Customer's equipment will be compatible with the Powercreations
Customer expressly agrees that use of Powercreations websites and services is
at the Customer's sole risk. Neither Power Creations, nor its employees,
affiliates, agents, third party information providers, merchants, licensers or
the like, warrant that the Powercreations service will not be interrupted or
error free; nor do they make any warranty as to the results that may be
obtained from the use of the service or as to the accuracy, reliability or
content of any information, service or merchandise contained in or provided
through the Powercreations servers, unless otherwise expressly stated in this
no circumstances, including negligence, shall Powercreations, its officers,
agents or anyone else involved in creating, producing or distributing Powercreations services be liable for any direct, indirect, incidental, special or
consequential damages that result from the use of or inability to use the Powercreations website services; or that results from mistakes, omissions,
interruptions, deletion of files, errors, defects, delays in operation, or
transmission or any failure of performance, whether or not limited to acts of
God, communication failure, theft, destruction or unauthorised access to Powercreation’s records, programs or services. The Customer hereby acknowledges that
this paragraph shall apply to all content on Powercreation's servers.
the above, the Customer's exclusive remedies for all damages, losses and causes
of actions whether in contract, tort including negligence or otherwise, shall
not exceed the aggregate dollar amount which the Customer paid during the term
of this Agreement and any reasonable attorney's fee and court costs.
Customer agrees that it shall defend, indemnify, save and hold Powercreations
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted
against Powercreations, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by the Customer, its agents,
employees or assigns. The Customer agrees to defend, indemnify and hold
harmless Powercreations against Liabilities arising out of
injury to person or property caused by any products sold or otherwise
distributed in connection with Powercreation's server
material supplied by the Customer infringing or allegedly infringing on the
proprietary rights of a third party
defective product which the Customer sold on the Powercreations Server
agreement shall be governed in all respects by the laws of Western Australia.