Pagination Terms and conditions
Website and email HOSTING
(1) Pagination Design Services (PDS),in return for an annual fee, provides website and email hosting services on our webservers located in the Fujitsu data center, Mulgrave, Melbourne.
(2) Whilst we aim for trouble free and 100% availability, our systems may need to be offline for planned maintenance for up to an hour every 3 months.
Other factors totally outside our control may mean your website/email service may not be available 100% of the time.
These factors may include
- local network failure in the Fujitsu data centre
- wide network failure involving Telstra, Optus and IINet.
Note that it is possible for our server and the data centre to be operating perfectly, and your website/emails available to customers in some states, but a Telstra or Optus network failure may mean customers in other states (or countries) can not access your website/emails.
(3) PDS charges an annual fee (subject to variation) to provide web site hosting and email services and sends renewal notices/invoices one month before the current hosting period is due to expire. If the renewal invoice is not paid by the due date PDS reserves the right to cancel the hosting service, in which case your website and email service will be deactivated.
(4) PDS can not, and does not, accept responsibility for any loss or cost you may incur because of an interruption to your website hosting or email service.
(5) In the event of any outage that is longer than one day, and due to a fault of PDS equipment or the Fujitsu data center, PDS's liability is limited to a refund of a per-rata amount of the annual hosting fee.
(6) In the event of any outage (longer than one day) due to a fault of the wider network (ie Telstra, iiNet, Optus, PDS's will NOT be required to refund any part of the annual hosting fee.
(7) PDS can not, and does not, accept responsibility for any loss or cost you may incur
- because of an interruption to your website hosting or email service other than indicated in clause 5.
- should your website/email service be deactivated because the annual fee is not paid before expiry (see clause 3)
- re-establishing your website/email service either on our web servers or elsewhere.
Website design setup
(8) PDS design and produces websites hosted on our web servers (see above).
(9) The ownership of all created files remains with PDS until our account for the website design and set up is paid in full, at which time you will fully own all elements in the website.
(10) In the event you choose, for whatever reason, to move your hosting to another provider, PDS will provide your website files to the new host, but can offer no warranty that the site will function in the same way in a different hosting environment.
(11) PDS will not be liable for any costs or loss of business associated in moving your website to a different hosting company.
The PDS Content Managements system, will only operate to full functionality on our web servers. Moving it to another host will mean that several functions may not operate.
Specialised online applications/programming
(12) PDS designs and installs a wide variety of online applications and programs.
(13) Whilst we make every endeavour to ensure the application is bug free, PDS can not be liable for for any costs or loss of business because of -
- faults that occur outside the development phase
- bad data related faults
- or logic faults not tested for during the development period.
PDS will provide a speedy remedial service (at our standard hourly charge rate) if/when we are notified of any issues.
(14) The ownership of all created files for the application remains with PDS until our account for development is paid in full, at which time you will fully own all elements within the application.
Design for Print
(14) PDS designs and produces artwork files a wide variety of printed material.
(15) PDS will always provide proofs of any design and final production files prior to any printing or manufacture. It is the client's responsibility to ensure the work is as intended and error free.
(16) Whilst we make every endeavour to ensure the work is totally correct, PDS can not be held liable for any costs incurred, including reprint/remanufacture costs, for errors that were present in the proof seen by the client, other that the fact that PDS will make the required corrections without charge.
(17) The ownership of all created files remains with PDS until our account is paid in full, at which time you will fully own all files.
Retention of Intellectual property
(18) The ownership of any Intellectual property PDS might have created on your behalf remains with PDS until our account is paid in full, at which time you will fully own all Intellectual property PDS has created for you.
(19) For your convenience, PDS keeps copies of all files, elements and intellectual property on our filing system. We can provide you copies of any material on request (provided your account is paid in full).
(20) We reserve the right to delete from our systems, any retained material in the event your account is outstanding more than 12 months. PDS can not be liable for for any costs or loss of business because of the deletion of this material.
© Pagination Design Services 1/4/1993