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Terms & Conditions

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.

 

Cancellation & refunds

  1. You may cancel your order at any time. Cancellations must be received in writing and are subject to the following;
    • Within 7 days all money paid will be refunded less an administration fee of $165.
    • After 7 days and within 14 days 50% of money paid will be refunded.
    • After 14 days fees are non-refundable
  2. All deposits paid are non-refundable.

 

Fees

  1. All fees are charged on a prepay basis. Work will only commence once payment has been received.
  2. Powercreations reserves the right to take a web site off line if monthly hosting fees have not been paid within standard trading terms.

If a customer contravenes the Powercreations terms and conditions, the service will be terminated immediately with no refund.

 

General

  1. Powercreations reserves the right to refuse service and/or access to its products and servers to anyone.
  2. 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 otherwise abused.
  3. Individual 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.
  4. Powercreations does not permit the following material and reserves the right to remove such material from its servers;
    • 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.
    • Scripts – Any Script that creates a load on the server will be removed.
    • 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 Powercreations.
    • Warez, 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.

 

Website design & support

  1. All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.
  2. All 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.
  3. If a logo has been purchased, this will need to be signed off before the website design is commenced.
  4. 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.
  5. Powercreations has a business hours help desk available by phone or email Monday to Friday 9am-5pm AWST.
  6. Each 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.
  7. On 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 removed.

 

Domain registration

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.

 

Taxes

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.

 

Disclaimer

  1. 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 the software.
  2. 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.
  3. Use 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.
  4. 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 unavailability.

 

Trademarks & copyrights

The Customer warrants that it has the right to use the applicable trademarks, if any.

 

Hardware, equipment & software

The 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 service.

 

Limited liability

  1. The 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 Agreement.
  2. Under 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.
  3. Notwithstanding 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.

 

Indemnification

The 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

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Powercreation's server
  2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
  3. copyright infringement
  4. any defective product which the Customer sold on the Powercreations Server

 

Governing laws

This agreement shall be governed in all respects by the laws of Western Australia.