Terms & Conditions

Who we are

1232web.com.au is owned and operated by 123 2 Web Pty Ltd. Any reference within these Terms of Use to ‘we’ or ‘us’ or ‘123 2 Web’ or ‘our’ is a reference to 123 2 Web Pty Ltd.

What the Terms of Use cover

These Terms of Use cover your use of 1232web.com.au and any websites that have been developed by the 123 2 Web team.

Jurisdiction

These Terms of Use are governed by the laws in force in the State of New South Wales, Australia, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them for determining any disputes.

Acceptance of Terms of Use

The customer must accept these terms of use prior to signing up for a 123 2 Web website. By continuing to use 1232web.com.au and/or the customer website it is agreed that the customer is keeping themselves up to date with any changes to these Terms of Use and is accepting those changes. If the customer does not accept any of the Terms of Use they should contact 123 2 Web immediately and stop using the websites until the issue has been resolved.

Terms subject to change

These Terms of Use are correct as at 1st September 2015. The Terms of Use are subject to change at any time, the customer should check the 1232web.com.au website for the most current version.

Immediate suspension for breach of terms

The customer agrees that if any of these Terms of Use are breached by the customer then 123 2 Web will immediately upon becoming aware of the breach suspend the customer’s website.

Ownership of websites

All websites produced by 123 2 Web on a monthly payment plan will remain the property of 123 2 Web until 12 monthly payments have been made. Following this 12 month period ownership of the website design will pass to the customer.

Website designs that have been purchased for an upfront fee will be the property of the customer once payment has been received in full.

Website designs that have been brought to 123 2 Web for webmaster services hosting and support will remain the property of the customer.

If the 123 2 Web agreement for a monthly payment website design is terminated by either party for whatever reason then 123 2 Web is under no obligation to transfer any code or content from the 123 2 WEB site to the customer other than any content provided to us by the customer.

123 2 Web is under no obligation at any point to transfer its proprietary content management system (CMS) to a customer or a customer’s agent. Where a customer intends to cancel the contract with 123 2 Web and move the files to another hosting company 123 2 Web will only provide flat HTML files to the customer and 123 2 Web will not be responsible for loading the HTML files onto the alternative hosting. The provision of these files will be at the expense of the customer and will be charged on an hourly basis at the hourly rate applicable at the time of transfer.

Hosting of websites

All hosting of 123 2 Web monthly fee websites is managed by 123 2 Web. It is not permitted to transfer monthly payment sites to other hosting facilities.

Website designs that are purchased for an upfront fee can be loaded onto alternative hosts servers however these websites will be flat HTML files which will not include the 123 2 Web content management system (CMS).

All hosting provided by 123 2 Web is shared hosting, ie. the customer website will not have its own IP address. The customer is not permitted to use this hosting for any other purpose than hosting the website designed by 123 2 Web.

Privacy

Our privacy policy is shown separately on this website. This policy covers your visit to this site or any other related 123 2 Web websites.

Copyright

All websites produced by 123 2 Web where a monthly payment plan is used will remain the property of 123 2 Web. After the customer has paid for 12 consecutive months, 123 2 Web will transfer ownership of the website to the customer.

Where the customer pays an upfront fee inclusive of the first 12 months’ hosting the ownership of the site will reside with the customer.

Where a customer brings a website design to 123 2 Web and just pays for hosting and support the ownership of the site will reside with the customer.

All coding, intellectual property and the 123 2 Web content management system (CMS) are the property of 123 2 Web and 123 2 Web is under no obligation to transfer the same to a third party.

The customer undertakes that any copy or images provided by the customer for use in their website do not breach any third party’s rights in same. The customer indemnifies 123 2 Web against any third party claims in regards to breaches of copyright caused by using images supplied by the customer.

Any rights in any images that have been purchased by us or by us on behalf of the customer for use within the website are purchased as per the conditions of the individual stock library at the time of purchase. If these conditions permit, these images can be transferred to the customer post cancellation.

Email Addresses

123 2 Web has a hosting reseller agreement with Ventra IP a large hosting and email services company. 123 2 Web customers have access to the Ventra IP email platform via the Ventra IP CPanel login. Email is provided free by 123 2 Web on a reasonable usage basis and a limit of 300MB per email account is in place. Customers are expected to manage their own email accounts via their CPanel login. 123 2 Web takes no responsibility for the management of customers email accounts or for the content in those accounts. Customers are required to keep their own backups and manage their own logins. The customer indemnifies 123 2 Web against any action that is taken by any party in respect of emails that have been sent by the customer or third parties accessing the email accounts of the customer.

Website usage

The customer agrees to NOT use the website or emails for the following purposes:

• Publish or distribute pornographic images or images that are sexually explicit.
• Distribute spam emails.
• Publish or sell any content that breaches Australian copyright law.
• Collect or publish information that breaches Australian privacy law.
• Publish any content that intimidates, threatens, defames, harasses or in any way harms other entities or people.
• Operate an illegal business that is in breach of any laws within any of the territories within which the business is operating.
• Publish or distribute any computer viruses that are intended to harm a third party’s computer system or to gather information from a third party.
• Terrorist activity or inciting racial hatred.
• To impersonate others, to build mailing lists, to solicit information from a third party without the consent of the third party.

Cancellation

123 2 Web reserves the right to immediately suspend a website where these Terms of Use are breached. If the breach is related to illegal activities 123 2 Web will contact the relevant authorities to report the breach.

Customers are entitled to cancel their 123 2 Web service at any time. Upon cancellation the customer’s website will be removed from the 123 2 Web server immediately and the customer will be billed for the number of days used within that current month.

123 2 Web reserves the right to cancel a 123 2 Web service at any time by giving the customer 60 days notice of that cancellation.

Limitation of liability

The 123 2 Web website and any websites provided to customers by 123 2 Web are provided on an ‘as is’ basis. To the extent permitted by law and except as expressly provided to the contrary in these Terms of Use, all warranties whether express, implied, statutory or otherwise, relating in any way to the subject matter of these Terms of Use or to these Terms of Use generally, are excluded.

Where legislation implies in these Terms of Use any condition or warranty and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or the exercise of or liability under such term, such term shall be deemed to be included in these Terms of Use. However, the liability of 123 2 Web for any breach of such term shall be limited, at the option of 123 2 Web, to the total amount that has been paid to 123 2 Web by the customer.

To the extent permitted by law and except as expressly provided to the contrary in this Agreement, 123 2 Web shall not be under any liability (contractual, tortious or otherwise) to the customer in respect of any loss or damage (including, without limitation, consequential loss or damage) howsoever caused, which may be suffered or incurred or which may arise directly or indirectly in respect to the supply of the website services pursuant to these Terms of Use or the act, failure or omission of 123 2 Web.

123 2 Web will assist customers in linking the 123 2 Web shopping cart within the customer’s website to the customer’s bank or credit card facility provider. 123 2 Web does not accept any liability or provide any warranty in relation to the correct operation of that bank or credit card facility provider’s systems or its availability. In addition, 123 2 Web does not provide a warranty in respect of any fraudulent use of credit cards within the third party provider’s website or the customer’s website or fraudulent use by individuals using the customer’s shopping cart.

123 2 Web will work with its suppliers to minimise any downtime on the 123 2 Web website or customer websites, however due to the fact that we cannot guarantee the performance of our own suppliers and that downtime is necessary on computer systems for software and hardware upgrades, system maintenance or repairs we do not warrant that the customer will have uninterrupted access to either site.

123 2 Web has procedures in place to limit virus and malware attacks on websites that are hosted on 123 2 Web servers. If a virus or malware attack occurs 123 2 Web will endeavour to remove the malicious software and restore the customer’s website as soon as possible. In some instances it will not be possible to restore the website to its most recent incarnation. In these instances 123 2 Web will restore the website to as recent a version as possible. 123 2 Web has no liability to the customer for downtime, loss of profit, damage to reputation or any negative effect resulting from any virus or malware attack.

123 2 Web takes no responsibility for customer websites that have been modified in any way by third party developers. Any defects, programming issues, viruses, malware or poor performance issues are solely the responsibility of the customer.

Payment

123 2 Web only accepts monthly payments by Visa or Mastercard and customers must provide a standing order authority which will be used until the customer cancels.

All billing by 123 2 Web is done in advance. The first charge to the customer will be processed after the customer has accepted the website. Subsequent monthly payments will then be processed on the same day (the monthly anniversary) in each subsequent month.

A tax invoice will be provided monthly by email once the credit card charge has been accepted.

If a credit card charge is rejected by the customer’s bank 123 2 Web will contact the customer to arrange for payment. If payment has not been received within a further 14 days, 123 2 Web will remove the customers site from the internet until payment has been received.

Bandwidth usage and storage

All websites created by 123 2 Web are entitled to use up to a maximum of 1GB of monthly data transfer for business sites and 2GB for shopping cart sites. Any usage in excess of these allowances will be charged at AU$10 per GB per month.

All websites created by 123 2 Web are entitled to use up to a maximum of 250MB of disk space for business sites and 1GB for shopping cart sites. Any usage in excess of these allowances will be charged at AU$0.25c per MB per month.

Customer support

123 2 Web will work with the customer to create a website that is acceptable to the customer. Once the site has been launched and is active on the internet 123 2 Web will provide up to two hours customer support in the first month by telephone or email. Any additional support required in excess of the two hours will be charged at a rate of AU$110 per hour.

Use of website image for promotional purposes

The customer accepts that 123 2 Web will occasionally use images of customer’s websites on the main 123 2 Web website or other 123 2 Web websites and within marketing material used by 123 2 Web for promotional purposes.

Third party websites

The 123 2 Web website may contain links to third party websites. In addition, customer websites that have been developed may also contain links to or from other third party websites or APIs from other third party websites including but not limited to third party credit card processing facilities, LinkedIn, Facebook, Google+ and Twitter.

123 2 Web accepts no responsibility for the performance or operation of any of these third party sites and accepts no responsibility for any content displayed by those sites.

Content creation

In some instances 123 2 Web will be contracted by the customer to create additional content that focusses on topics that the customer would like to rank for. 123 2 Web does not guarantee rankings for this content as 123 2 Web does not have access to the search engine algorithms. Any content that 123 2 Web creates will remain the property of 123 2 Web until payment has been received. 123 2 Web reserves the right to remove the content if payment is more than 14 days overdue.

Internet Marketing

Customers regularly engage 123 2 Web to assist with internet marketing. The customer accepts that SEO (search engine optimisation) and PPC (pay per click) approaches are constantly changing and strategies adopted today may not work in the future. The customer also accepts that some SEO strategies requested by the customer may contravene current or future search engine guidelines. The customer and 123 2 Web agree that 123 2 Web accepts no responsibility for any drop in search engine rankings or search engine traffic.