2BROWNIES TERMS OF SERVICE

Hours of Operation

Business hours are 9am - 5pm Mon-Friday. Excludes Public Holidays.

2Brownies websites are super-reliable but any rare outages or technical difficulties are dealt with 24/7 at no extra cost to you.

If you require emergency design help with your site after the posted hours, such as on weekends or holidays, we will do our best to accommodate, but you may be charged an extra $150 per hour per support incident for complex issues. In instances when the extra charge will be imposed, we'll discuss the extra payment with you first so you can make a decision as to whether to proceed or to wait until business hours.

Quotes

Quotes provided will be honored for 30 days. A new quote will then be provided upon request.

Discount Coupons provided with Quotes are time limited and must be used within the quoted period of receiving the coupon. We like to reward clients that take action to improve their online presence.

Payments, Charges & Fees

All 2Brownies web design projects require the setup of a monthly website care plan as soon as the site goes live. Prior to this, a web design fee is payable. A preview design may be given before this stage for reference.

In order to set a website live, an active monthly care plan is required.

Pricing for our website care plans can be found here.

Our web care plans all come with SSL and HTTPS enabled by default.

We use Stripe to process card transactions.

Your connection is encrypted with 128-bit encryption. The connection uses TLS 1.2. The connection is encrypted and authenticated using AES_128_GCM and uses ECDHE_RSA as the key exchange mechanism.

Stripe provides full SSL encryption and all PCI compliance. All card numbers are fully encrypted on disk with AES-256.

PCI compliance is certified to PCI Service Provider Level 1, the most stringent level of certification available. All browsers interact with Stripe over HTTPS.

Outstanding Payments

If no subscription payment has been received 14 days after a monthly payment is due the website will be suspended and access to the website is disabled until payment is made.

If no subscription payment has been received 30 days after a monthly payment is due and no contact can be made with the client, the website will be cancelled.

Web Design Credit / Backlink

All 2Brownies Website Templates will have "Website Powered By 2Brownies" links in the footer of every page.

By hiring us to design your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent.

Copyright & Ownership

Draft website previews remain the property of 2Brownies until the project is completed and paid for in full. Draft websites are supplied for reference only.

Websites built by 2Brownies cannot be transferred to other hosting services. By paying for a 2Brownies monthly website care plan you are paying for unlimited hosting to go with it. We can however integrate the site into existing email services seamlessly.

You may not under any circumstances use a Draft Website Preview Design to construct your own site or instruct another designer to take this template for use with your project with them. 2Brownies will legally follow up any person or company that steals its design property.

Partial payment of the Website Design Fee (such as payment of the 50% design deposit) does not give the customer legal right to the website. All websites remain the property of 2Brownies until paid in full.

2Brownies reserves the right to resell custom designed web sites that remain unpaid in full by the original client, unaccepted Draft Website Preview Designs or other graphics created by 2Brownies but not in legal use by the client.

2Brownies reserves the right to display websites and graphics that have been designed on its clients websites for the 2Brownies portfolio, and in any marketing material to aid as examples of our work.

Refunds, Cancellations & Chargebacks

Our Payment policies are clearly stated below, and all clients are asked to read and agree to our terms of service prior to the start of any subscription.

Refunds

We offer a 100% satisfaction guarantee. If you are not happy with our web design service you can request as many revisions as necessary prior to your site going live. These revisions must be requested within 2 weeks of the draft preview site being made available to you. We are confident with our service and support and know you will be happy with our product.

Website design refunds are only provided as a last resort and will not be provided to customers who have not discussed their concerns with 2Brownies thoroughly and allowed for at least 3 rounds of revisions based on their feedback. Refunds will not be provided unless these conditions are met.

Refunds will not be provided for any website care plan, add-on services and hosting payments made for services rendered.

If you are claiming a refund please note that your website and subscription will be suspended immediately and cannot be transferred to any other hosting company. Any email accounts or domain registrations will continue to operate unless an express request to cancel is received. In the event you wish to cancel your email or domain registration with 2Brownies, emails associated with the subscription will be shutdown within 30 days to give you a chance to backup or setup an email only subscription, and any domains registered to 2Brownies will no longer be automatically renewed. You will receive notifications when they are due for renewal and can choose to transfer them to another registrar or renew them with 2Brownies. 2Brownies technical support is available to assist with domain and email transfers up until the day your service is cancelled.

If you would like to resume the service at any stage you will need to repay the refund and setup your subscription and website design project again. (If more than 60 days have passed, your website may no longer be available and a new design fee will need to be paid to recreate the site.)

Refunds are not made to clients who simply do not need their website, email and domains any more. If you need to just cancel your website and subscription see Cancellations below.

Cancellations

If you wish to cancel your 2Brownies website care plan subscription if its no longer needed, please send a request to hello@2brownies.com.au. Please be aware this will need to be done 4 days before your next monthly payment is due to be processed in order to negate receiving another monthly bill.

Please note that your website and subscription will be cancelled and cannot be transferred to any other hosting company.

If you would like to resume the service at any stage you will need to activate your website care plan subscription again, your website will be unsuspended and any email accounts recreated (minus any emails stored previously if 30 days have passed). If more than 60 days have passed, your website may no longer be available and a new design fee will need to be paid to recreate the site.

Chargebacks

2Brownies will not negotiate chargebacks with any person or company. If funds have been charged back, an invoice will be sent with the missing funds and your service will be suspended until the repayment is made.

Development & Delivery

2Brownies understands the importance of completing projects in a timely manner.

We can normally finish a Standard Website Package project within 4 weeks however all information must be provided to meet this timeline. Whilst we do use stock images for sites and write content for you whenever possible, we do rely on basic information from you in order to do that.

We rely heavily on our clients being able to provide the basic information necessary to write and design an informative and useful website for their needs. If the necessary information is not provided in a timely manner, we are unable to meet this 4 week timeline.

The client agrees to provide all information, graphic content (if we're using your images or logo) and other requested materials within the first week of the project in order to complete the project within 4 weeks of the web design deposit payment unless otherwise negotiated.

2Brownies agrees to complete a Standard Website Package Draft Website Design Preview within a maximum 4 weeks from the day all information is provided unless otherwise stated. Other website packages may require a longer timeframe to complete and in such cases, you will be given an estimated delivery date during your “kick off” call.

If we are unable to communicate with a client on a project for a duration of at least 30 days (30) by phone or email during the design and development process, the project will be cancelled and your Website Design Deposit Payment forfeited.

You must provide one complete feedback within 14 calendar days after we send you a Draft Website Design Preview to review. If no feedback is provided within this time, we reserve the right to move forward with the project, assuming no changes have been requested and that work is accepted in its current form. Any changes requested past this time are subject to our standard rates of $150 per hour or part thereof.

You may request an Administrative Hold of your project for up to 3 months at a cost of $150. We will stop working on the project until you advise us that you are ready to move forward. If you exceed 3 months of the project being held, we will terminate the project and all monies paid by you to us will be forfeited, with no refunds available, unless you actively remain in contact with 2Brownies and keep us updated as to your situation. Discretion will be applied for compassionate reasons.

You are responsible for the digital rights to any image that you supply to us in the course of a project.

Once your website has been published, we will review and repair any pre-existing code errors and/or bugs in the website if reported within 30 days of publishing. After publication, any cosmetic / design changes to the website will incur our standard hourly fee of $150 plus GST.

2Brownies websites are built and hosted on a proprietary platform and as such, cannot be transferred to another provider, nor can they be downloaded and files provided to the customer.

All sites will be subject to a monthly website care plan as outlined here.

Content Writing

We offer a content writing service as an add-on to our website design packages. However, this content is only as good as the information you provide us and may not reflect your business accurately. You must provide enough information about your business to create appropriate content before the project begins. We make this information gathering process as easy as possible for you.

We provide as many updates as necessary (fair use policy applies) during the design process to ensure your satisfaction. However, all content is largely created according to the information provided during our “kick off” call. If your business circumstances change after this time, resulting in substantial re-writes prior to launch, we reserve the right to charge for the extra hours involved at our hourly rate of $150 plus GST.

It is entirely your responsibility to comply with any Intellectual Property Rights (including without limitation, copyright, trademarks, patents, design and/ or any other means) and any related legislation.

Website Care Plan

A website care plan subscription is required for all sites, charged from the date your site goes live. You will be automatically charged monthly, using your preferred payment option, unless you want to cancel our service.

We manage and administer your website. However, you will be given login credentials to add/change pages or content on your own if you would like. 2Brownies provides small updates to your site upon request included in select Website Care Plan. (Fair use policy applies). A small update is defined as any task taking 10 minutes or less. Examples could include modifying existing content, adding, deleting or changing images, adding a pop-up message or notification bar or making minor design updates. We reserve the right to charge for excessive requests, defined as more than 30 minutes worth of updates per month, however discretion may be applied.

Larger site updates (anything taking longer than 10 minutes to implement), including additional sections and pages, graphic design work, content writing and large content updates will attract additional fees at $150 per hour plus GST or a per page fee which will be provided as a quote at the time of the request. 2Brownies does not offer customisation of design layout, development or additional functionality as part of our Website Care Plans.

We can provide email addresses with your matching domain name and host them accordingly. We will provide Webmail access so that you can check your email online. We will also provide instruction so that you can setup your Desktop Outlook, your tablet or smartphone for email service. Although most of the modern mobile devices work fine with our email service, some devices might not work properly and we are not responsible for any device compatibility issue with our email service.

We do our best to keep your website up and running. We take all reasonable steps to keep your website secure. Virus scans are performed on a daily basis. Backups are taken monthly or when site modifications are made. Every new backup replaces any old backup, which means that there is only one restore point and that is the last backup taken. In case of any intrusion, attack, hacking, disaster or any other means, we will restore your website with the last backup to bring your website back online.

In spite of taking all necessary steps to keep your website running smoothly, we are not responsible for any security attack nor liable of any loss of your data, resources or business.

Directory Submission

We will submit your business to a maximum of 3 search engines after launch (Google, Yahoo and Bing). Although, this method works well to introduce your website to the search engines, we cannot guarantee that your business will be indexed in a timely manner or rank well for your chosen keywords and we take no responsibility for your inclusion or ranking in the search engines. Any SEO work can be provided at an additional cost as per our SEO services outlined here.

Managed Website/ Email/ SSL Certificates/ virus protection terms

We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You warrant to us that you will only use your assigned Web Site for lawful purposes. In particular, you further warrant and undertake to us that:

  • You will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation.
  • You will not knowingly or recklessly post, link to or transmit any material:
  • i. that is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
  • ii. Containing a virus or other hostile computer program;
  • iii. that shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of any person under the laws of any jurisdiction; and
  • You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers. We reserve the right to suspend your service at the time of service abuse without prior notification, and to terminate your website and hosting as a result of ongoing lack of urgent resolution of the issue.

Our shared hosting products can only be used for web hosting purposes. Any activity of file storage, application storage, on-site video hosting, on-site audio hosting or any activity that potentially affect other users or the server will result in account suspension without notice.

All hosting plans are subject to general resource and usage monitoring. The following usage items are expressly prohibited:

  • Any action or process that unreasonably consumes resources degrading the shared environment for other users is subject to review. This includes but is not limited to execution of scripts (PHP,ASP.NET,CGI/PERL, FTP, HTTP, database connections and the like).
  • Running standalone, automated server-side processes including, but not limited to any daemon.
  • Running any bit torrent application, tracker or client.
  • Participating in file sharing or other peer to peer sharing activity.
  • Executing any script for longer than 180 seconds.
  • Executing any database query that takes longer than 30 seconds to complete.
  • Specifying cron tasks that execute more frequently than every 300 seconds.

You are responsible for sending mail in accordance with any relevant legislation, including but not limited to the Commonwealth Spam Act (2003) and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email. In the event of deliberate transmission of unsolicited commercial email (UCE), we reserve our right to terminate services without prior notification.

You warrant, undertake and agree that:

  • Any transactions within your Web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
  • The information contained within your Web site will comply with all applicable law, and codes of practice governing the use of Web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
  • You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and Web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
  • Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
  • We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and we expressly disclaim any express or implied warranty regarding system and/or service availability, accessibility, or performance.

SSL Certificates

We will install an SSL Certificate on your behalf at no extra cost as part of our Monthly Website care plans. We are unable to install any SSL Certificate bought from another provider.

We cannot guarantee that an SSL will 100% secure your website even after SSL installation. Our SSL Certificates are provided by third party vendors and you must agree with their service agreements, policy, terms and conditions. Therefore, we take no responsibility of any security vulnerability of their SSL products that may cause damage and loss of your business or website.

Search engine optimisation services

Whilst we will try to improve the position of your Web Site in the Search Engine results in response to a search request, we do not warrant that this effort will be successful. We cannot be held responsible for any changes to the position of your Web Site in the Search Engines results pursuant to the provision of search engine optimisation services by us.

Liability

Services purchased from 2Brownies are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall 2Brownies be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, hosting & domain services, and/or other services provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, hosting & domain services and/or goods and services provided to the client. The entire risk as to the quality and performance of the web design is with the client.

You are responsible for reviewing Privacy, Terms of Use and other pages on your website and ensuring compliance with all relevant regulatory and legal requirements. You are responsible for updating Privacy and Terms of Use pages to reflect the needs of your business. 2Brownies accepts no responsibility for the accuracy or relevance of content contained in Privacy and Terms of Use pages.

We are not responsible for the contents of any Web Site we design for you or content written for you, and upon publication you must satisfy yourselves that the Web Site will comply with all applicable laws, and codes of practice governing the use of Web Sites and related services. This includes the intellectual property and copyright ownership of all material that you have provided to us. We are similarly not responsible for your subsequent use of the site and your compliance of various commonwealth and state legislation.

Project Consideration

Please note that 2Brownies will not accept projects that are found to be morally questionable, unethical, or distasteful. This is non-negotiable. Acceptance of projects is at the discretion of 2Brownies.

General terms and conditions
Service availability

We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server. In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Intellectual property rights and other consents

You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.

Indemnity

You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.

Termination

We may terminate this agreement forthwith if you fail to pay any sums due to us as they fall due. We may suspend all services within an account prior to termination should any invoice in the account be outside of our trading terms.

We may terminate this agreement immediately if you breach any of these terms and conditions, or if as a company you go into liquidation, or if you as a person are declared bankrupt.

We may also terminate this agreement with immediate effect if you fail to comply with the End User Agreement (EUA) of a third-party supplier (Supplier) of Software or a Hosted Application. On termination of this agreement we shall be entitled immediately to block your Web Site and to remove all data located on it.

On termination of this agreement we shall also be entitled to immediately cease any of our other Services to you without holding any backup data for retrieval by you. 2Brownies websites are built on a proprietary platform and no website files will be provided for hosting elsewhere.

However, we will endeavour to keep the site live long enough so that you may copy and paste all relevant content before termination and removal of the site from our servers.

Without limiting the section below on our Exclusion and limitation of liability, we will not be liable to you for any cost, expense, damage or loss whatsoever for terminating this agreement.

If you wish to terminate your account with us, you must do so by calling us or emailing us from your regular email account, otherwise your account will be automatically renewed for the same subscription period and you will be liable for, and immediately invoiced upon the commencement of, such additional subscription period.

On receipt of your cancellation request, we will cancel your service at the first available opportunity. All services must be cancelled within 4 business days of the next monthly subscription date, otherwise the next month’s subscription payment will be processed.

There are no refunds or credits, once an invoice is generated, unless an invoice for a service is generated after a cancellation requested is submitted.

Exclusion and limitation of liability

TO THE FULL EXTENT PERMITTED BY LAW WE HEREBY EXCLUDE ALL CONDITIONS AND WARRANTIES NOT EXPRESSLY SET OUT HEREIN. EXCEPT AS SPECIFICALLY SET FORTH ELSEWHERE IN THIS AGREEMENT, WE MAKE OR GIVE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, WITH RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER OR INCIDENTAL TO THIS AGREEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US, OUR RESELLERS, AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES HEREBY GIVEN, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

Our total aggregate liability to you for any claim in contract, tort, negligence, equity or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim and provided that you notify us of any such claim within one year of it arising.

In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever, even if you have advised us to the possibility thereof. Nor will we be liable in any event for any damages including, without limitation, indirect, special, incidental, consequential or exemplary damages, arising out of or in connection to this agreement or the Services.

In no event will we be liable to you for loss of data, or the inability to retrieve data, resulting from or incidental to the use of a Service.

Important note:

In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specifically set forth herein) to:

in relation to goods:

· the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or

· the repair of the goods or payment of the cost of having the goods repaired;

in relation to services:

· the supplying of the services again; or

· the payment of the cost of having the services supplied again as in each case we may elect.

Notices

Except where expressly provided otherwise, any notice to be given by either party to the other may be sent by either email, fax, post or courier to the address of the other party as appearing in this agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by post or courier shall be deemed to be served two days following the date of posting.

Severability

If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.

Assignment

The benefit of this agreement may be assigned by us, but not our obligations to you – to do that, you agree that we may give notice to you in writing, and your failure to respond will be deemed acceptance. You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.

Change to terms on renewal

We may change the terms and conditions of this Agreement at any time. Any renewal of a Service will be in accordance with the terms and conditions in place as at that time.

Entire agreement

These terms and conditions constitute the entire agreement between us and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and us.

Entire agreement, governing law

You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.

Please review our Privacy Statement for full details of our use of personal data.

Acceptance

Please note that by paying for website-related services or starting a subscription for our services you are agreeing to all of the terms of service as written here. A link to this Terms of Service page appears on all invoices, quotes and receipts.

2Brownies reserves the right to change or update these terms at any time without prior notice.