1. General - All contracts for rendering of services by eworx (herinafter called "the Designers" or "eworx")  shall incorporate these conditions of sale. Neither the performance in whole or in part (hereinafter called “the client”) order nor any other conduct whatsoever on the part of the Designers shall be construed as the acceptance by the Designers, of terms of conditions in consistent with these conditions of sale. Any variance must be agreed to in writing by both parties. If under any applicable rule of law, any provision of the conditions shall be void or otherwise unenforcable, these conditions of sale shall be void, or as the case may be unenforcable to that extent, but no further.
2. Price variation – Estimates are based on the the Designers current costs of production and, unless otherwise agreed, are subject to amendment on or at any time after acceptance to meet any rise or fall in such costs.
3. Quotations - All quotations are based on good copy (in an acceptable form to the Designers) being supplied to the Designers in the first instance without further amendment. Any order placed by a client following receipt of a quotation shall be deemed to be acceptance of such quotation upon these standard terms and conditions, unless otherwise agreed in writing by both parties. A quotation is valid for 30 days from the date on the quotation letter.
4. GST and Taxes - The Designers shall be entitled to charge Goods and Services Tax and any other tax whether or not included in the quotation or invoice, in addition to the quoted price. Such tax shall be payable at the same time and in the same manner as the cost of such work.  
5. Preliminary work – All work carried out, whether experimentally or otherwise, at customer’s request shall be charged.
6. Copy – A charge may be made to cover any additional work involved where copy supplied is not clear and legible.
7. Proofs – Proofs of all work may be submitted for customer’s approval and the the Designers shall incur no liability for any errors not corrected by the customer in proofs so submitted.  Customer’s alterations and additional proofs necessitated thereby shall be charged extra.  When style, type or layout is left to the Designers’s judgement, changes therefrom made by the customer shall be charged extra.
8. Copyright – Unless negotiated and agreed in writing, the copyright of General Artwork, Commissioned Artwork and Illustrations belong to the Designers. The Designers may use any artwork or printing produced by itself for the purposes of promoting itself. The customer shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, etc. The customer will indemnify the the Designers and his agents from any claim arising thereof.
9. Company imprint – Unless otherwise specifically requested in writing all work will carry our company imprint which will be positioned at our discretion.
10. Completion - Delivery of work shall be accepted when tendered and thereupon or, if earlier, on notification that the work has been completed the ownership shall pass and payment shall become due.
11. Expediated work - Should expedited delivery be agreed an extra may be charged to cover any overtime or any other additional costs involved. Payment for expediated work is due immediately upon completion of work, or agreed scheduled payments in advance of completion.
12. Suspension of work - Should work be suspended at the request of or delayed through any default of the customer for a period of 30 days the Designers shall then be entitled to payment for work already carried out, materials specially ordered and other additional costs including storage.
13. Claims – Any complaint must be made in writing within 10 days of receipt of goods and services, beyond which period no claim will be entertained.
14. Liability – The client warrants that none of the work which the client shall request the Designers to carry out, shall be of an illegal, libellous or defamatory nature, or shall constitute a fringement of copyright, patent or design. The client shall indemnify and pay the Designers in respect of all claims and costs (including legal costs) and any such expenses incurred by the printer in relation to any successful or unsuccessful claim made against the Designers by any third party, in respect to any work carried out by the Designers for the client at the client’s expense. The client shall indemnify and pay the Designers for such costs etc on demand as such costs are incurred. The Designers shall be entitled to claim indemnity under the clause and seek reimbursement of costs, notwithstanding that any breach of law, liable defamation or breach of copyright, patent or design may have been proved.
15. Customer’s property –
    
    1. Except in the case of a customer who is not contracting in the course of a business or holding himself out as doing so, customer’s property and all property supplied to the Designers by or on behalf of the customer shall while it is in the possession of the Designers or in transit to or from the customer be deemed to be at customer’s risk unless otherwise agreed and the customer should insure accordingly.
    2. The Designers shall be entitled to make a reasonable charge for the storage of any customer’s property left with the Designers before receipt of the order or after notification to the customer of completion of the work.
16. Materials supplied by the customer –
    1. The Designers may reject any paper, plates or other materials supplied or specified by the customer which appear to him to be unsuitable. Additional cost incurred if materials are found to be unsuitable during production may be charged except that if the whole or any part of such additional cost could have been avoided but for unreasonable delay by the Designers in ascertaining the unsuitability of the materials then that amount shall not be charged to the customer.
    2. Where materials are so supplied or specified, the Designers will take every care to secure the best results, but responsibility will not be accepted for imperfect work caused by defects in or unsuitability of materials so supplied or specified.
    3. Quantities of materials supplied shall be adequate to cover normal spoilage.
17. Credit terms – For invoices not settled within the agreed credit terms, the Designers reserves the right to charge interest on the overdue debt at 3% compound per 30 days or part thereof, upon so much of the original invoice that from time to time remains due until payment shall be made and an administration fee to cover the debt recovery costs.
18. Insolvency – If the customer ceases to pay his debts in the ordinary course of business or cannot pay his debts as they become due or being a company is deemed to be unable to pay its debts or has a winding–up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, the Designers without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days’ notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts.
19. Illegal matter –
    
    1. The Designers shall not be required to print any matter which in his opinion is or may be of an illegal or libellous nature or an infringement of the proprietary or other rights or any third party.
    2. The Designers shall be indemnified by the customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall extend to any amounts paid on a lawyer’s advice in settlement of any claim.
20. Periodical publications – A contract for the printing of a periodical publication may not be terminated by either party unless 13 weeks notice in writing is given in the case of periodicals produced monthly or more frequently or 26 weeks notice in writing is given in the case of other periodicals. Notice may be given at any time but wherever possible should be given after completion of work on any one issue. Nevertheless the Designers may terminate any such contract forthwith should any sum due thereunder remain unpaid.
21. Full colour printing – Every effort will be made to obtain the best possible colour reproduction on customer’s work but because of the nature of the processes involved, the Designers shall not be required to guarantee an exact match in colour or texture between the customer’s photograph, transparency, proof or electronic graphic file and the printed article.
22. Force majeure – The Designers shall be under no liability if he shall be unable to carry out any provision of the contract for any reason beyond his control including (without limiting the foregoing) Act of God(s), terrorist action, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.  During the continuance of such a contingency the customer may by written notice to the Designers elect to terminate the contract and pay for work done and materials used, but subject thereto shall otherwise accept delivery when available.
23. Law – These conditions and all other express terms of the contract shall be governed and construed in accordance with the laws of The Commonwealth of Australia.
24. Consequential loss – The Designers accepts no liability whatsoever for consequential or third party losses, resulting in a delay in delivery howsoever caused.

Changes and Amendments
eworx reserve the right to amend and/or change these Terms and Conditions without notice.

e²worx and hosting Terms and Conditions of Use

General Conditions of Use
eworx provide use of server space and software for email accounts and for hosting of web sites email marketing and other services as determined over time. eworx reserve the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.

Use of Accounts
Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space, software access or email accounts to other parties, other than the acceptance of advertisements. All web space, software access and email accounts must remain in total control of the account holder.

eworx prohibits the use of its servers for:

• Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the coyright holder, or any other material in violation of Australian Law
• Adult material, such as pornography, erotic images or otherwise lewd or obscene content
• Racist, defamatory, obscene, indecent or other unlawful material
• 'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
• Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
• Engaging in illegal activities
• Links, directions or material relating to any other prohibited item 

Account holders will not post (nor allow to be posted) web or WAP pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.

eworx reserve the right to determine whether any material or use is prohibited.

eworx reserve the right to remove any such material without warning and suspend or terminate accounts without refund or notice.

Spam (unsolicited email)
eworx prohibits spam (the sending of unsolicited bulk email). LWD Internet will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.

Payment for Web Hosting Accounts
All web hosting accounts are sold on a one year contract, on a advance payment basis. Forward payment for service is required at the time of placing your order.

Payments can be made online through our secure processing provider or by direct credit by arrangement

The renewal date for accounts will be one calendar year from the date of purchase or the date of previous renewal. Account renewal reminders will be sent by email about one calendar month in advance of renewal date. Payment must be received prior to renewal date.

Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.

Payments made online can be made in Australian Dollar, NZ Dollar, UK Sterling, or US Dollar.

Upgrading Web Hosting or e²worx Accounts
At any time, account holders may upgrade their accounts by purchasing additional facilities. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.

Upgrades made part way through the term of the hosting account will be charged on a monthly pro rata basis. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.

Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth or emails) allowance for the account. eworx accept that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. eworx will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. eworx reserve the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.

Many domains have to share the various resources (processors, memory, etc) available on the servers. eworx believe that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.

In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, eworx may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.

Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between eworx and the account holder.

Cancellation, Termination and Refunds of Accounts
All accounts have a minimum 1 year contract period, after that period you may choose which contract period you require. Fees are charged on a pre-pay basis and are non-refundable.

Account holders may terminate their accounts simply by not using them or by not renewing them. Failure to use or renew an account is deemed to be a termination of customers choice. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account.

In the event that eworx finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.

eworx may, at it's discretion, terminate an account in agreement with the client and issue a refund for part or all of the remaining balance less a AU$20 processing fee

In the event thateworx is to refund full or partial payments, refunds will be made by the same means in which the original order was placed. Customers who paid by credit or debit card will be refunded directly to their credit or debit cards.  All refunds will be made within 30 days of agreement to make a refund.

UK Customers Only : Under the terms of The Consumer Protection (Distance Selling) Regulations 2000, consumers have a "cooling off" period of 7 working days from the date that the order is placed in which they may cancel orders placed by distance contract. However, this right to cancel does not apply where service provision begins before the end of the cooling off period. All web services accounts provided by eworx begin the same day that the order is placed, normally within 2 hours of ordering. Therefore, the consumer's right to cancel and receive a full refund will not apply once service provision has begun. Commencement of service will normally be the time at which your account activation notice is sent.

The Consumer Protection (Distance Selling) Regulations 2000 do not apply to business-to-business transactions, nor to transactions with businesses or consumers outside the UK.

Liability
eworx will not be responsible for any loss or damage your business may suffer. eworx make no warranties, expressed or implied, for any services we offer.

Customers shall indemnify and hold harmless eworx from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against eworx and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by eworx, it's agents, customers, officers or employees.

eworx will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of eworx.

Changes and Amendments
eworx reserve the right to amend and/or change these Terms and Conditions without notice.

Last updated 18 February 2010 :: 12:00pm EST