Please read through the following Terms of Service, we advise not to use our website and/or service until you have fully read and understood the terms set forth in this document. These Terms may change at any time without warning, it is important that you review the following Terms on a regular basis. Your use of this website and our service implies the acceptance of these Terms and any ensuing revisions.

When we refer to “We” “Webaroo” “Webaroo.com.au” “Us” and “our service” we are referencing Brent Turner (trading as Webaroo.com.au) and its products and services. Respectively, when we refer to “You” “Your” “Customer” “Client” “User” and so forth, we are referring to you and/or your representative agents. If a client contravenes these terms and conditions, Webaroo reserves the right to terminate the service immediately with no refund.

PAYMENT TERMS:

We require an upfront payment in full to commence work on your website design. Payment can be made either online via PayPal or via an electronic funds tranfer. If you wish to pay for your website via EFT, please contact us to arrange this.

REFUND TERMS:

Prior to concept design commencement:

The client is eligible for a complete refund of their initial purchase less an $80 admin fee if no work or production has commenced on the website concept from when we receive payment, to when we receive notice in writing, phone contact or email that you are canceling your website design and request a refund.

Once concept design has commenced:

The client is eligible for a partial refund of between 70% - 90% of their initial purchase price once concept design has commenced. This partial refund is determined by the work that has already been undertaken on our end. Work may include, but is not limited to; purchasing of client domain name, web hosting and technology setup, contact made between the client and any representative of Webaroo, the production of concepts, mockups and wireframes for your project, the research and development associated with your website design, the sourcing of imagery and related material and the initial GUI development of your website.

After concept design approval and before website construction and coding:

The client will only be eligible for a 50% refund after the client has approved the concept design.

Once website construction and coding has commenced:

The client may be eligible for a partial refund of between 10% - 50% of their initial purchase price once website construction, coding and development has commenced.

Upon website delivery:

The client will not be eligible for a refund, full or partial, on the total website price after the website has finialized construction, and/or been delivered and/or taken online. Should you decide to discontinue your website, you will have ownership of the concepts, mockups and wireframes related to your website. However, you will not be granted ownership of source code, CMS themes or stock photography and/or other materials not owned by either party that have been supplied.

SERVICES PROVIDED:

Webaroo is strictly a front-end design studio and provides website designs using the following coding languages; HTML, CSS, javascript and WP theme development. We do not provide backend coding or database integration, which may include the following codes; php, asp, .net, mysql, ruby on rails. Your web design is based on a website coded in HTML, CSS, Javascript and Wordpress only.

MONTHLY FEE:

If you are hosting your website yourself or have organized hosting elsewhere, this does not apply to you. However, you will not be eligible for the future support.

Commencement:

Webaroo will commence invoicing a monthly fee of $49 (inc. GST) (or $99 if 'Big Red Package' is purchased) on the 28th of the month from when it was placed on a temporary domain. Although your website may not be live at this time, your account still costs us for things such as support, domain name, email hosting, bandwidth, server disk space and system upgrades.

Included in the monthly fee:

• Website hosting
• Phone and email support
• System upgrades and maintenance

Monthly Fee Invoicing Procedure

Each month you will be emailed an invoice from Webaroo with instructions for paying your monthly fee. You have the option to pay for your invoice online with your credit card via PayPal or EFT. Retrospectively, you will be billed for any additional services, internal or third party (eg. Email marketing), that was included for that month.

Non Payment of Monthly Fee

If the monthly fee becomes overdue by 30 days we will suspend your account, website, emails and any marketing services until all outstanding receivables have been collected. Once outstanding receivables have been collected your account, website, emails and marketing services will be re-activated. If we are required to employ the services of a debt collection agency to pursue any overdue balance payment, a $80 inc. GST fee will be passed on to the customer and added to the customers invoice.

Payment in Advance

You are invoiced for the month in advance. If you cancel your service, you will not be invoiced again. However, you will not be eligible for a refund or partial refund for the previous payment, regardless of how much of the current month’s quota you have used.

Refund Policy for Monthly Fees

You may cancel your service with us at any time and we will no longer invoice you, however refunds or partial refunds are not available for monthly fees for used or unused quotas of the month.

Monthly Fee Obligation

You have no obligation to continue your monthly service with us, however if you decide to cancel your service with us before a 12 month period you will be required to pay a cancellation fee of $80 inc. GST. If you wish to cancel your service with us you must notify us via email, phone or writing. We will make a phone call to confirm the cancellation. Once you have received confirmation of your cancellation you will no longer be invoiced by us. Once your service is cancelled all web hosting, support and email hosting will no longer be available.

CANCELLATION

You are free to cancel your service with Webaroo at anytime, however if you decide to cancel your service with us before a 12 month period you will be required to pay a cancellation fee of $80 inc. GST. If you cancel your website, you will have ownership of the concepts, mockups and wireframes related to your website. However, you will not be granted ownership of the source code (this includes but is not limited to wordpress themes, .html, .css, .php, .sql and .js files) or stock photography and/or other materials not owned by either party that have been supplied. As such, the design will be provided in it’s original source file/s (this includes; .psd, .ai, .id, .pdf, .jpg, .png, .jpeg files).

It is the clients responsibility to backup any data, information or emails stored on our servers before cancellation. Webaroo shall not take responsibility for any loss of data or consequential damages which may result from loss of data due to cancellation.

CONTENT MANAGEMENT SYSTEM

A content management system will be provided to the client for them to add, edit and update the pages or blog posts on their website. A training manual and video training is provided inside the CMS to assist you in adding content to your website.

Webaroo is not obligated to place in your website content for you via the CMS. If this service is required a fee will be charged based on the volume and scale of the work involved. The exception to this is for clients of the 'Big Red Package' where we're obligated to place in up to 5 pages (max. 3,000 words) of website content into the CMS on behalf of the purchaser of the 'Big Red Package'.

WEBSITE HOSTING

Your website will be hosted on Webaroo’s servers and includes the following; 500 MB disc space and 5 GB monthly data transfer.

You can purchase additional disc space at a rate of $1/MB for discspace and; 5GB $50, 10GB $75, 15GB $100, 20GB $125, Over 20GB = $5 per GB for monthly data transfer.

Webaroo will monitor your data usage and if we anticipate that your website may require more bandwidth or disc space your allocation will be increased and invoiced accordingly on your next invoice.

SUPPORT

Our support each month includes 2 hours of phone and email consultation in the following areas:

• Support for configuring and transferring domain names
• Support for configuring email accounts with email clients
• Support for accessing website analytics or third party apps associated with your website (eg. Gmail or Google Analytics)
• Email marketing support
• Billing inquiries
• Website inquiries

The following attracts a fee of $75/hr and will be added onto your next monthly invoice:

• Time spent investigating a reported issue for which Webaroo is not responsible.
• Face to face support and consultation

Webaroo does not provide support for the following:

• HTML/CSS/Coding training, support or troubleshooting
• All application training and support (i.e. Photoshop, Dreamweaver etc)
• Client software or hardware issues

Service Level Agreement

All support issues requiring less than 2 hours work will be endeavored to be fixed within 24 business hours of the support issue being logged. If faster support is required then this will attract a surcharge of $100 which will be added onto your next monthly invoice.

REVISIONS

Concept design

• Joey Package - 2 rounds of revisions
• Wallaby Package - 3 rounds of revisions
• Big Red Package - 4 rounds of revisions

If in the case where revisions exceed the given round limit, a $75/hr fee will be incurred for future revisions. Concept designs will not be sent in the form of a functioning website, but in the form of a .jpg image.

After concept approval and before website construction

If you request revisions to be made after you have approved the concept design and before we have begun the coding/construction stage, we are happy to provide revisions until the given revision round limit is met. Additional revisions will incur a fee of $75/hr for the revisions to be made.

Once website construction has commenced

If you request revisions to be made to your design after we have commenced website construction you will be charged a revision fee of $100/hr for revisions to be made. It is important that you are happy with the concept design before website construction commences.

IMAGES USED ON YOUR WEBSITE

If Webaroo uses stock photography and imagery on your website you do not own the rights to those images, ownership is retained by the original image rights owner. As such, these images cannot be used, re-used, distributed or transmitted for any purpose and can only be used on your website. If you wish to own further rights to the images used throughout your website you can do so by contacting us and we will attempt to put you in touch with the original copyright owner.

This does not apply to images that you own copyright to and have provided to us for display on your website.

OUR INTELLECTUAL PROPERTY

The source code and CMS themes used behind your website is the property of Webaroo. When purchasing a website design from us you own the style, content and graphic design of your website. If you decide to leave Webaroo, we will provide you with your content, design and styles.

WEBSITE CONTENT

Under no circumstances shall your website be used to communicate, store, transmit, disseminate or broadcast the following:

• Mail bombers/Spam scripts
• Content deemed illegal
• Escrow/Bank debentures
• Trade secret protected data
• Data that infringes upon any intellectual property, trademarks, publicity rights or privacy rights
• Content that contains deliberately misleading, incomplete or deceptive content or data
• High-Yield Interest Programs or related sites
• Lottery/Gambling sites
• Hateful/Racist/Harassment/Defamatory/Threatening orientated sites
• Hacker focused sites/archives/programs
• Sites promoting or related to illegal activities
• Fraudulent sites
• Pirated software/warez
• Content sexually explicit in nature
• Information and data that contains virus’, worms, spyware or other malicious software.
• Copyright infringing data
• Scripts – any script that creates a load on the server will be removed.

If your website is found to be breaching the above terms your website will be terminated immediately, and if required, reported to the appropriate authorities. Under no circumstances will Webaroo be held responsible for infringing content, images, media or files of any type the client places, or provides for us, to place on their website.

FTP ACCESS

Webaroo does not provide access to FTP services to you or a third party. If required, express permission must be obtained from Webaroo management before FTP access can be granted. As such we will not be held responsible for any errors in the design or loss of information or data as a result of your use or inability to use FTP access. If this occurs you will be required to pay a fee of $75/hr for the support or additional service of restoring or fixing your website. FTP access setup is charged at $100 per FTP account. If given access you will be given a unique login for you and you only. All FTP access is logged and if we are aware that access has been granted to a third party we will investigate and take appropriate action.

DOMAIN NAMES

If client does not own domain name:

It is a requirement that all Australian domain names (.com.au) are registered in conjunction with an ABN or ACN number. Webaroo cannot guarantee that requested domain names are available for registration. Additionally, the client should not take action in respect of requested domain(s) until registration notification of requested domain name(s) has been received.

If you have chosen us to register your domain name, it will be registered for one year. After this period you will be required to pay a domain name renewal fee of $50 per year.

If client already owns domain name:

If you already own your domain name and/or an existing website, we strongly suggest backing up and storing any data, emails or files associated with the domain name and keeping this information safe as once your domain name is transferred to us this data may be lost. Webaroo will not take responsibility for any loss of data or consequential damages of any nature as a result of this. In order to transfer your domain to Webaroo, you will need to grant us access to your domain name registrar and/or provide us with the EPP code, domain auth or domain password in order to transfer your domain name. Transfer process can take anywhere between 2 - 7 business days. If the client does not want to transfer their domain name to Webaroo, it is the clients responsibility to renew their domain name if it isn’t under our control. We will not be held responsible for loss of files, emails or data as a result of client not renewing their domain name.

SEARCH ENGINE OPTIMIZATION

We include on-page Search Engine Optimization (SEO) with the 'Wallaby' and 'Big Red' packages and utilize “white-hat” SEO standards to greaten the website’s ability to rank higher in Google and other search engines. Under no circumstances do we guarantee top positions, or any positions at all for any keywords.

LINKS

Webaroo reserves the right to include backlinks from your website to the Webaroo website.

PROMOTIONAL MATERIAL

Webaroo reserves the right to use client websites, web designs, layouts, wireframes and collateral in advertising and / or marketing initiatives. This may include portfolio examples on our website, case studies and other promotional initiatives.

GUARANTEE

Although Webaroo has extensive experience in website conversion optimization; we make no guarantees or claims whatsoever that your final website will in fact increase conversion rates, sales inquiries, form submissions or phone calls. If your website conversion rate decreases as a result of using our services Webaroo will not be held accountable; as such we are unable to provide compensation and/or revisions as the transaction for your intial order was for our time and labour and not necessarily the notion of increased conversions. However we have been designing website creatives for over 6 years and have never had a single complaint of conversion rates decreasing as a result of our designs. It’s important to note that other factors may influence conversion rates, such as but not limited to; copywriting, traffic sources, traffic quality and load times.

DIRECT RESPONSE SALESLETTER WEB PAGES

Direct response salesletter-style websites are treated differently than traditional web pages and will incur a fee of $1,500.00 exc. GST per salesletter page that is required to be placed into a CMS. This is because there is a lot of content and work involved in producing these pages. Website copywriting services are unavailable for these pages. Furthermore, website hosting is unavailable for direct response salesletter web pages. If you would like to see an example of a direct response salesletter web page, please contact us.

EMAIL MARKETING TERMS

Sending people unsolicited email, commercial or otherwise, is against the law in many countries worldwide. If a client of Webaroo uses email marketing to send unsolicited email, their account will be terminated - effective immediately.

Below is a guideline for acceptable and not acceptable use of our email marketing service:

Who can I send email to?

People who have specifically signed up through your website.

For example, by ticking a checkbox (not checked by default) on your signup or sales form.

People who completed offline forms & indicated they wanted to be emailed.

Eg: By filling in a competition or survey form where they specifically agree to receive email.

People who gave you their business card and asked to receive email.

If someone gives you their business card and you have also explained to them that you will be in touch by email, you can contact them.

They purchased something off you in the last 2 years.

By making a purchase from you they have provided their permission implicitly, although it is much better to explicitly ask them.

Who can’t I send email to?

Anybody that is not covered by the list above! Here are some examples:

Lists or email addresses received from a third party.

Includes any list you bought or rented, got from a partner or membership organization. No matter the claims of the source of this list, you cannot send email to them.

Addresses you collected or “copy & pasted” from the Internet.

Even if they look like ideal customers for you, you can’t email someone just because you found their address.

Addresses you haven’t emailed in the last 2 years.

Permission doesn’t age well. Even if you got their permission legitimately, they won’t remember giving it to you. If you haven’t sent something to that address in the last 2 years, you can’t start now.

By utilizing our email marketing services, you agree that you’ve understood and will adhere to these guidelines. If the client is found to be sending unsolicited email their account will be terminated and under no circumstances will Webaroo be held accountable for the clients negligence.

FAIR USE POLICY

We employ a fair use policy to our websites. If we believe, for any reason, that you are not behaving in a manner expected of a Webaroo client then we reserve the right to terminate your account - effective immediately.

OUR WEBSITE

Our website is protected under copyright law and may not be copied or plagiarized. You may not modify, fully or partial, any part of our website, this includes but is not limited to; backend coding, graphics, images, content, layouts and structure.

ACCESSIBILITY

There may be times when Webaroo and client websites may experience downtime due to both internal and external factors. Webaroo shall not be held responsible for any damage, loss or events directly or indirectly associated with website downtime.

DISCLAIMER

Webaroo shall not be held liable or accountable, under any circumstances, for any damages, loss of profits, goodwill, business, data, interruption of business or for any indirect consequential damages of any nature. Webaroo makes no warranties or representations of any kind, whether expressly implied for the service it provides. Webaroo shall not be held responsible for any damages, loss of profits, goodwill, business, data, interruption of business or for any indirect consequential damages due to a direct, or indirect, result of non-accessibility, down-time or system unavailability.

LIABILITY

We will not be held liable for any action or inaction relating to our products or services. We believe that our system is highly secure from the actions of hackers, viruses and other issues but can make no guarantees. It is up to you to back-up and ensure the integrity of your data offline. We will not be liable for loss of sales, leads or reputation from using our service.

SEVERABILITY

If a clause, or part of a clause contained within this document can be read in a context that makes it illegal, invalid or enforceable, that clause or part of the clause will be treated as removed from this document, meanwhile the rest of this document will stay unaffected.

JURISDICTION

The Webaroo website is governed by the legislation of the state of New South Wales, Australia. Any dispute that arrises from the use of this website or our service will be settled within this jurisdiction.