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Terms & Conditions

https://directitwebsites.com.au ("the website", "our website") is a site operated by Direct I.T Services and Direct I.T Websites ("we", "Direct I.T Websites", "us"). The name "Direct I.T Services" will appear on cardholder statements for any transactions through our website.

These are the terms and conditions ("terms") for Sites, Websites, Website Design, Custom Website Design, Site Editor, Website Development as Coding and Artwork, Support and Website Hosting known collectively as "the service", "our service" or "services" offered by Direct I.T Websites. References "you", "your", "client" and the like refers to you the person accessing our service. You agree to these terms stated upon beginning any of the services stated above, or otherwise provided by us.

Direct I.T Websites reserves the right to alter, add and subtract from these terms and conditions at any time. The most up to date terms and conditions are available to view online at https://directitwebsites.com.au/terms. These online terms and conditions replace any previously agreed and it is the responsibility of the client to make themselves aware of the latest terms and conditions.

General
It is solely the responsibility of the client to keep us up to date on any changes in their contact details. Failure to do say may result in your service being disabled, terminated or inability to render ongoing support.

You must be 18 years or older to use our service. Individual users of our service are prohibited from selling, reselling, storing or giving away our service to third parties without explicit written consent from Direct I.T Websites.

Direct I.T Websites reserves the right to refuse services to anyone. This includes the right to disable or terminate your service on the violation of these Terms or at our absolute discretion that our service has been abused or used inappropriately.

Provision of Content
Where necessary the client agrees to provide us with the specific copy, images and information we require in order to supply the service, or to advise us as to where we can locate such content. We accept no responsibility for the service not being enabled or completed by a specific date if we are unable to secure necessary and/or suitable information and/or content from you.

Where Direct I.T Websites writes the copy on your behalf, supplies images or any information we accept no responsibility for errors, omissions or discrepancies which may be present on the service, as these may arise through our lack of specialist knowledge regarding the content of your business or service.

Where the client supplies or specifies content, we will take every care to secure the best results in the finished service, but we accept no responsibility for imperfect work caused by defects in or unsuitability of content so supplied or specified.

Client Content
The service may contain client content. The client is solely responsible for all content displayed on the client's service. Any content added or uploaded cannot be used to disseminate, communicate, store or transmit:
  • content sexually-explicit in nature
  • information that contains virus', worms or malicious elements
  • Copyright infringing data
  • trade secret protected data
  • data that infringes on any intellectual property, publicity rights or privacy rights
  • is defamatory, harassing or threatening
  • relates to illegal business operations or schemes
  • contains deliberately misleading, incomplete or deceptive content; or
  • is deemed inappropriate by Direct I.T Websites
Please report any content on our service deemed to breach the above to email address admin@directitwebsites.com.au.

Payment Gateways
Direct I.T Websites does not store or hold any client or third party credit card or fanatical data in any format. Third Party Payment Gateway Services we currently facilitate are "PayPal", "Stripe" and "eWay". Direct I.T Websites is not responsible in any way for any loss or issue that arises with your Third Party Payment Gateway Service. Your account with a Third Party Payment Gateway Services is your responsibility. The client is responsible for any fees or charges, creating and maintaining their own preferred payment gateway service to use with our service.

Refer to Third Party Payment Gateway Services website,
PayPal Website: https://www.paypal.com
Stripe Website: https://stripe.com/au
eWay Website: https://www.eway.com.au

Australia Post API (Application Program Interface)
Our service allows usage of the Australia Post API for estimating postage costs. The client is responsible for creating a free account, obtaining relevant keys to use with our service and accepting the terms of service with Australia Post API. Direct I.T Websites is not responsible for any loss or any issue that arises between the client and Australia Post.
Refer Australia Post API Website: https://auspost.com.au/developers

Copyright
The client is liable for any copyright breaches on any content provided by the client to Direct I.T Websites.

The copyrights of general artwork, commissioned artwork, illustrations and copy belong to Direct I.T Websites until the service has been paid for. The ownership then reverts to the client, however we reserve the right to charge you for supply of full versions of the artwork should you request them for use elsewhere.

If you supply Direct I.T Websites with content, it is your responsibility to obtain all necessary copyrights for its use, and we assume that you possess these. In such cases, the copyright belongs to you. You agree to indemnify us from any claim which arises regarding the use of content with which you supply us or use with your service.

We reserve the right to use any service we produce for the purposes of promotion unless you request otherwise in writing.

Prices and Payment
Except where stated otherwise, all prices advertised on our website are in Australian dollars and are exclusive of Goods and Services Tax ("GST"). Direct I.T Websites is currently not registered for GST.

Prior to any work or service commencement a payment in full of the Deposit nominated by Direct I.T Websites must be received. The remaining outstanding balance must be paid in full on completion of the service. Other payments "Flexible Payment Option", "Site for Life Option" must be made in accordance with that payment option in which you have agreed to when commencing your service with us.

"Flexible Payment Option" is known as an ongoing service payment billed quarterly (3 calendar months) or billed yearly (12 calendar months).

"Site for Life Option" is known as a once off service payment. A service hosting fee is applicable after the first 12 calendar months from the commencement date of your service with us. The service hosting fee is to be paid on an ongoing cycle of 12 calendar months.

Any custom design service undertaken for you at your request will be quoted and invoiced separately from any other payments you may have with us.

A service hosting fee is applicable for any custom designed website that is hosted by Direct I.T Websites and to be paid on an ongoing cycle of 12 calendar months.

Your invoice will be emailed to you at the email address you supply when you commence your service with Direct I.T Websites. You are responsible for ensuring that your contact details are up to date online at address https://login.directitwebsites.com.au.

Where an invoice is overdue we may use SMS invoice reminders sent to the mobile number you supply to us online at address https://login.directitwebsites.com.au.

Failure to pay on or before 30 days after the invoice date (including reversal of credit card or other payments) may result in your service being disabled until payment is made. We may decline to supply any further services until payment is made. At our discretion if you do not pay we may terminate your service. If we proceed to terminate your service as a result of you not paying our charges, we will not give you any notice before we initiate action to terminate the service.

Termination & Refunds
Your service with Direct I.T Websites will continue until terminated by you or us in accordance with these terms.

You may terminate your service with Direct I.T Websites at any time. There are no extra costs or penalties for termination.

To terminate your service please notify us in writing via email to the address admin@directitwebsites.com.au. We will deactivate your service on the date you request or as soon as possible upon receiving your request. If the termination date is after your next bill cycle you will be charged for the next period. We will not be obliged to make any refund of the balance of any pre-paid billing period. So if, in the case of a yearly payment option, you commence your service in January and then terminate in June the same year, you will not be entitled to a refund for the balance of that year.

Where you decide to terminate your service with Direct I.T Websites, you are responsible for extracting your data from your service.

Upon termination of your service with us we may delete all data relating to your use of our service. For this reason we recommend that you keep back-up copies of all content you upload to your service.

Domain Name Registration
All new client domain names are to be registered by the client for use with our service. Direct I.T Websites does not register new domain names on behalf of the client, you are responsible for registration and management, payment, expiry or issues relating to your registered domain name in use with our service. We will provide you with domain configurations being Nameserver or DNS addresses to enable your service with Direct I.T Websites.

Intellectual property
The site editor that runs your service remains the property Direct I.T Websites at all times. The coding, programming and intellectual property that creates your service is owned and served by Direct I.T Websites.

In circumstances where the client choses a base design or we modify a base design from our service and the service is run using our site editor and payment is up to date or paid in full you own the content we supply, you supply or you upload and place on the service. You do not own the style and design of the service.

In circumstances where a quotation is prepared and paying in whole for a custom non site editor service with us you own the style, design and graphic design of the service. You also own all of the content that you place onto your service. The content, style and design on your service will be made available to you if you elect to leave Direct I.T Websites.

Disclaimer of Warranties
We make no warranties, express or implied in relation to the service, our website or content including but not limited to security, fitness for a particular purpose, merchantability, will meet your expectations, or that any errors in the service will be corrected.

Direct I.T Websites makes no guarantee for the uptime of the service and our website to you, nor can we guarantee that the service and our website will be secure or free from bugs or viruses. You are responsible for configuring your computer equipment and computer programmes in order to access and use our service. It is recommended that you use up to date virus protection software.

Limitation of Liability
You expressly understand and agree that Direct I.T Websites shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use our website or the service.

The service and our website are provided "as is" and "as available". Your use of the service and our website is at your sole risk.

Direct I.T Websites shall not be held liable for any leak of information or confidential content provided or used by the client with the service, client domain name loss due to hacking or as a result of hacking by a third party or password leaking due to theft.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the service and our website or to your downloading of any content on it, or on any website linked to it.

Indemnity
In no event shall Direct I.T Websites be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with the service, our website or these Terms (however arising including negligence). You agree to indemnify and hold us harmless from any claim or demand, including legal costs, made by any third party due to or arising out of your breach of these Terms or your violation of any law.

Jurisdiction
These terms and conditions shall be governed in all respects by the laws of Victoria, Australia. All involved parties are to irrevocably submit to the jurisdiction of the courts of Victoria, Australia.

Resolution of disputes
Should a dispute arise between you and Direct I.T Websites, we strongly encourage you to contact us directly to seek a resolution. Any reasonable requests will be considered and we will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.