In placing an order with Creativedge you are confirming that you are in agreement with and bound by the terms and conditions set out below.
"Customer" or "Client" the person or organisation ordering or purchasing the Services."Registrant" includes the person applying for a domain name.
"Registry" refers to the relevant domain names Registry.
"Services" means domain name registration, website hosting, email and any other service or facility provided by Creativedge to the Customer.
"Server" means the computer server equipment operated by Creativedge in connection with the provision of the Services.
"Website" means the area on the Server allocated by Creativedge to the Customer for use by the Customer as a site on the Internet.
"Creativedge" refers to Creativedge Design Studio.
All variations or extensions to the agreed estimate will be undertaken in accordance with our hourly rates.
After a project has been delivered and approved, or has 'gone live', any required maintenance will be billed at our standard hourly rates, unless the client has undertaken a Maintenance Service Agreement.
The client is expected to fully test any application or website developed by Creativedge before being made available for general use. Whilst every care has been taken to ensure products are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Creativdge provides services directly or via a third party which may be subject to specific agreements by them. Unless otherwise informed, your website will be hosted on a shared hosting environment on a third party server within the USA. By applying for or using any service offered by Creativedge you agree to any agreement of our third party suppliers as well as ours.
Although we aim to maintain high uptime, network stability and service levels.
* We may from time to time perform maintenance, services or upgrades. We will endeavour to do so at convenient times and provide reasonable notice by any means we deem satisfactory.
* We may experience outages beyond our control caused by any of the following; force majeure (any 'act of god' including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by Creativedge, our suppliers or any third party.
* We may, at our discretion provide notification of outages whether planned or unplanned.
* You release us from any claim or potential claim with relation to outages and any loss of business,service or data suffered by you or any third party.
* The Customer agrees to indemnify and hold harmless Creativdge and its employees, contractors, agents and directors in full against any and all liabilities, claims, losses, damages, penalties, actions, judgments, suits, costs or expenses of any kind arising under this agreement, including from the use by the Customer of any intellectual property rights of any third party and the registration or use of domain names by the Customer.
A minimum of 50% of the total estimate is required to be paid to Creativedge by The Customer before any work is scheduled and/or is commenced.
If any payment due from you to us is not received by the due date, you authorise us to directly debit that payment using the credit card account details if provided by you.
If any payment due from you to us is not recieved by the due date, we reserve the right to charge a late fee of 10% of the invoice total every 2 weeks it is not paid.
We are entitled to recover (on a full indemnity basis) any costs, fees and charges (including legal costs) incurred in recovering any amounts owing by you to Creativdge.
You acknowledge that should we not receive renewal payment prior to the date of expiry we reserve the right to suspend services immediately without notice. We may provide a 30 day grace period whereby we will hold your information and data on our servers. Should this period expire without payment we reserve the right to delete all data pertaining to your account with us.
Creativedge may offer 12 Months (unless otherwise stated) free hosting to new clients. This offer is usually provided for new websites that are developed by creativedge and can be any of the hosting packages that creativedge deem necessary for the operation of your website.
The free hosting starts on either of the following conditions:
* On the day your website is pronouned "Live" (eg. Available to the public at your domain name)
* 1 month after your website is completed and is provided to you, and if your website is being hosted on the creativedge development server whilst you complete any necessary content.
* Upon final payment of any outstanding services relating to the development of your website.
Once the free hosting period is complete, creativedge reserve the right to invoice you for continued hosting services at the cost at that time of the current hosting package used.
Creativedge may offer unlimited email accounts when hosting is provided by creativedge. If the customer has specific hosting requirements Creativedge may seek alternate hosting arrangments which may not provide Unlimited Email Accounts.
Creativedge offers daily backups of your hosted data when hosting is provided by creativedge. If the customer has specific hosting requirements Creativedge may seek alternate hosting arrangments which may not provide Daily Backups.
We reserve the right to suspend/cancel any/all service, including all domain names if:
* You have any outstanding invoice or account
* Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination
* You fail to comply with any provision in this agreement or those referenced in this agreement
* You fail to maintain contact with creativedge and/or respond to communication attempts to resolve outstanding payments
* There is evidence of fraudulent, illegal, defamatory, offensive activies, or any activity in breach of a third party's rights
* We deem your use of our services may jeopardize the operation of the service, Creativedge or our suppliers
* We deem any other reason as satisfactory to protect Creativedge, our staff and/or our suppliers
Any suspension or cancellation is subject to our refunds policy.
If your account is cancelled under this agreement:
* You must pay all outstanding charges to us immediately
* We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation
* We may immediately delete all data held prior to cancellation
* We may perform any action without notice
All design sales are final. Creativedge, however, may accept a refund in some cases, at our discretion.
Refund Policy for Other Services
Other services including, but not limited to Graphic Design, Web Design and Development are typically custom projects. Each project is evaluated individually to estimate the total project cost, based upon the unique goals and features of the project.
In the event of cancellation of project by The Customer for reasons other than nonperformance by Creativedge, ownership of all rights and the original assets shall be retained by Creativedge. A cancellation fee for work completed, based upon the contracted price and expenses already incurred shall be paid by The Customer.
In the event of cancellation of project by The Customer due to nonperformance by Creativedge, ownership of all rights and assets created up to the time of cancellation shall be retained by The Customer. A cancellation fee for work completed, based upon the contracted price and expenses already incurred shall be paid by The Customer.
In the event of cancellation of project by Creativedge ownership of all rights and the original assets shall be retained by The Customer. A cancellation fee for work completed, based upon the contracted price and expenses already incurred shall be paid by The Customer.
In the event The Customer does not respond to communication attempts by Creativedge for more than 90 days, any current project work will be deemed cancelled by The Customer. Ownership of all rights and the original assets shall be retained by Creativedge.
It is your responsibility at all times to:
* Use our service and services in a manner which does not violate any applicable laws or regulations
* Respect the conventions of the newsgroups, lists and networks that you use
* Respect the legal protection afforded by copyright, trademarks, license rights and other laws to materials accessible via our service;
* Respect the privacy of others
* Use the service in a manner which does not interfere with or disrupt other network users, services or equipment; and
* Refrain from acts that waste resources or prevent other users from receiving the full benefit of our services
* Ensure your use of our services remains ethical and in accordance with accepted community standards
You must at all times comply with law. You will be in breach of this policy on violation of state, federal or international laws.
It is not acceptable to use our service(s) to:
* Violate copyright or other intellectual property rights;
* Illegally store, use or distribute software; transmit threatening, obscene or offensive materials
* Engage in electronic 'stalking' or other forms of harassment such as using abusive or aggressive language
* Misrepresent or defame others
* Commit fraud
* Gain unauthorised access to any computing, information, or communications devices or resources, including but not limited to any machines accessible via the Internet
* Damage, modify or destroy the files, data, passwords, devices or resources of Creativedge, other users or third parties
* Engage in misleading or deceptive on-line marketing practices;
* Conduct any business or activity or solicit the performance of any activity that is prohibited by law
* Make an unauthorised transmission of confidential information or material protected by trade secrets
* "Spam" or engage in "spamming" activities
* Engage obscene speech or materials, this includes, advertising, transmitting, storing, posting, displaying or otherwise making available; child pornography, offensive sexual content or materials or any other obscene speech or material
* Post or transmit defamatory, harassing, abusive or threatening language
* Create, distribute or provide information/data regarding internet viruses, worms, Trojan horses, pinging, flooding, mail-bombing or denial of service attacks;
* Facilitating a violation of this Acceptable Use Policy
* Perform any other action through utilization of any service which we deem unsatisfactory
* Attempt to do any of the above
You also agree not to attempt any of the following:
* Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, scripts, FTP, PHP, HTTP, Mail, etc
* Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed
* Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD
* Run any software that interfaces with an IRC (Internet Relay Chat) network.
* Run any gaming servers/services
* Any activity which causes the server to crash / restart
You agree that we may at our discretion and by order of any law enforcement agency disclose information relating to your account and use of services. We may also report any action we find in breach of this agreement, local, state, federal or international laws and cannot be held liable for any outcome resulting in our actions.
The Customer will not, under any circumstances, seek to hold Creativedge responsible or liable for any loss or damage whatsoever either under this agreement or in relation to the provision of the Services, including but not limited to:
(a) loss of profits arising out of, or in connection with, this agreement;
(b) use, misuse, suspension and or loss of any Customer domain registrations;
(c) interruption to the business and operations of the Customer;
(d) access delays or interruptions to any website accessed by registered domain name of the Customer;
(e) non-delivery, mis-delivery, corruption, destruction, or modification of data and or information;
(f) events beyond the control of Creativedge; and or
(g) processing of an application for domain name registration;
Creativedge shall not, under any circumstances, be liable or responsible for any acts, omissions or errors, whether negligent or otherwise by a Registry administrator or any other third party arising out of or related to, any domain name application, including the receipt of, or failure to receive, a domain name registration by the Customer or any third party.
You agree that we shall have no liability to you or any other person with respect to any loss of service, data, business, indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit/goodwill for any matter whether such liability is asserted on the basis of contract, tort, breach of warranties either expressed or implied.
You agree to defend, indemnify, save and hold us, our staff and suppliers from any and all demands, liabilities, losses, costs and claims, including reasonable legal fee's asserted against us, our agents, our clients, our offices and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by a customer, their agents and employees.
We cannot be held responsible for any damages your business/operation may suffer. We provide no warranties, expressed or implied, for service we provide. Nor do we guarantee your web site or applications will be error free on our servers. We are not responsible for loss of data resulting from delays, software incompatibility, hardware or software issues, outages, failed deliveries and any service interruption caused by Creativedge, our employees or our suppliers.
Unless specifically stated by Creativedge, Creativedge does not provide any regular maintenance and/or security updates to your CMS (or modules) during the duration of your hosting plan. A hosting maintenance plan can be agreed upon between the Customer and Creativedge at any time during the Customer's hosting plan which the Customer will be charged a monthly fee. The fee is upon the discretion of Creativedge. Failure to pay this fee(s) will result in Creative not performing any maintenance services on your CMS (or modules). During websites updates/changes requested by Customer, Creativedge edge may need to perform maintance or security updates to complete the requests from the Customer. Creativedge reserves the right to not require approval from the Customer before making these changes, and to charge the Customer for these services.
Should any part of this policy be made invalid by relevant legislation, the remainder of the policy shall remain in force.
Creativedge reserves the right, at any time, to modify, alter, update, or remove portions of these Terms and Conditions at any time without notice.
Phone us on 0413 204 755 or use the form below