Terms and Conditions

General

  1. It is the customer’s responsibility to keep TerraMedia up to date with their contact details. If the customer fails in this it could result in expiration of services.
  2. TerraMedia reserves the right to refuse service and/or access to its products and servers to anyone.
  3. TerraMedia retains the right to restrict access to any areas or connections within its server or website environments, this includes and is not restricted to WordPress Admin Access, CPanel and FTP.
  4. TerraMedia reserves the right to suspend or cancel a customer’s access to any or all services provided by TerraMedia when TerraMedia decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.
  5. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away TerraMedia services to other parties.
  6. All prices quoted are valid for 30 days only from the written quotation.
  7. If TerraMedia does not receive your design brief within a 6 month period from the date of order and deposit paid your account will be suspended. Reopening your account incurs a $50AUD + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.
  8. During the design phase of your project, if you do not sign off your design within a 6 month period, TerraMedia reserves the right to suspend your account. Reopening your account incurs a $50AUD + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.

Cancellations & Refunds

  1. All deposits and fees paid are non-refundable after the design brief is returned to TerraMedia or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $80AUD+GST admin fee except where a 100% refund guarantee applies to an individual service.
  2. Once the design work has been signed off prior to the website build all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
  3. The usability, functionality and/or limitations of the website or content management system is no reason for not paying the balance of your website. If you require a particular functionality please ensure this is communicated prior to purchase and TerraMedia can provide demos for you to trial.
  4. Fees charged on a prepay basis are non-refundable.
  5. If a customer contravenes the TerraMedia terms and conditions, TerraMedia reserves the right to terminate the service immediately with no refund.
  6. If TerraMedia is required to employ the services of a debt collector to pursue any overdue balance payment, a $60AUD + GST fee will be passed on to the customer and added to the customers invoice.
  7. If the customers website has been terminated due to cancellation, TerraMedia can reinstall the website within a 12-month period at a cost of $195AUD + GST providing the client has a back up of the website.
  8. If the customers website has been terminated due to expiry, TerraMedia can reinstall the website within a 6-month period at a cost of $195AUD + GST if the client had an active maintenance or Web Shield package prior to expiry.
  9. All cancellations must be requested in writing. Some services, including website management and paid advertising, require a signed cancellation form, which can be requested by emailing us. We require 30 days written notice.

Website Design & Support

  1. You will receive two website design concepts based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approximately 2-3 revisions is common.
  2. All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images ec or contracting TerraMedia at an hourly rate to do so.
  3. While you maintain full ownership of your content and design, some elements of the website designs may remain the copyright of TerraMedia.
  4. In the event of you terminating your contract, you will be able to take full possession of your design and the content of your site; however, depending on the platform and plug-ins used, elements of the CMS software will remain on TerraMedia servers and you may need to purchase licences to use the CMS (or elements of) on another server.
  5. During the design process TerraMedia may purchase stock images for your website. These images are licensed for the design of the website only and cannot be used for any other purpose without ensuring they are correctly licensed.
  6. If a new logo design has been ordered, this will need to be signed off before any website design is commenced.
  7. Support, FAQs, manuals, and blog articles are available free of charge in each user account or on www.TerraMedia.com.au to assist customers update their websites.
  8. TerraMedia websites are self-managed and TerraMedia is not responsible for any copy, editing or updating of the clients website unless a management or maintenance contract is in place. TerraMedia is under no obligation to do any work on your website unless contracted to do so.
  9. TerraMedia has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.
  10. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. TerraMedia will monitor your usage and if TerraMedia anticipates that your website may require more bandwidth/disk space your allocation will be increased. Please see our hosting information for pricing. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.
  11. Each website is permitted to use server resources besides disk space and bandwidth without restriction subject to our fair use policy, including CPU, RAM and I/O. Our fair use policy simply states that any website regularly exceeding 80% of an available server resource for more than 30 seconds at a time must upgrade to a server with dedicated resources so that they are not adversely affecting other customer websites. We will notify you if this is necessary.
  12. Although TerraMedia monitors the bandwidth/disk space usage of the website, TerraMedia does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
  13. On all TerraMedia websites there is a built-in authorship link to the TerraMedia website. This link is located in the footer of the client’s website and may not be removed.
  14. TerraMedia does not allow any of the following content or websites to be stored on its servers:
    1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
    2. Scripts – any script that creates a load on the server will be removed.
    3. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’or ‘how to’ information about such material.
    4. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of TerraMedia.
    5. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.
    6. Customers agree to a twelve (12) month hosting contract, beginning upon the date TerraMedia has designed, built and handed over the website (i.e. the date when TerraMedia sends out the username and password).

Website Financial Arrangements

  1. Cost of the TerraMedia website is a set price for design and build, then an ongoing hosting and support fee.
  2. The deposit for website build and design is due with your order. The balance is due when the website has been designed, built and handed over to the customer (i.e. the date when TerraMedia sends out the username and password).
  3. The website 12 month hosting and support period begins on the day the website is handed over to the customer.
  4. This agreement will automatically renew after the life of the contract has ended until cancelled in writing.
  5. Although TerraMedia reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
  6. Failure to pay the hosting and support fee on time may result in your website and emails being suspended.

Domain Registration

  1. TerraMedia does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
  2. It is the customers’ responsibility to keep TerraMedia up-to-date with their contact details. If the customer fails in this they may not receive notifications of their domain name renewal and it could result in your website going offline if your domain name is not renewed in a timely manner.
  3. If TerraMedia is managing the renewal of your domain name it will do its best to renew the domain name on time. If for any unlikely reason this doesn’t happen, including human error, TerraMedia will not be held responsible or liable for repurchasing the domain name.

Taxes

  1. TerraMedia shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using TerraMedia’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.
  2. For sales made by TerraMedia to the Customer, GST will be charged where the Customer resides in Australia.

Graphic Design

  1. For logo design services clients will receive three or five design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx 2-3 rounds of changes are normal.
  2. Sign off: when the design is completed the client will receive the final graphic design files via email.
  3. Any further changes after sign off will need to be quoted and billed separately.
  4. All TerraMedia graphic designs remain the copyright of the client once hand over has been completed.
  5. TerraMedia provides the artwork in a print ready file for the clients use. It is the clients responsibility to check all copy, contact details, email, website addresses etc. Neither TerraMedia or the designer will be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.
  6. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.

Disclaimer

  1. TerraMedia and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if TerraMedia is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
  2. TerraMedia makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. TerraMedia also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
  3. Use of any information obtained by way of TerraMedia is at the Customer’s own risk, and TerraMedia specifically denies any responsibility for the accuracy or quality of information obtained through its services and website.
  4. TerraMedia expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. TerraMedia specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Trademarks & Copyrights

  1. The Customer warrants that it has the right to use the applicable trademarks and copyrighted material provided to TerraMedia, if any.

Hardware, Equipment & Software

  1. The Customer agrees that he or she has the necessary knowledge to maintain the website. The Customer agrees that it is not the responsibility of TerraMedia to provide this knowledge or customer support outside of the defined service of the TerraMedia website support.
  2. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access TerraMedia websites. TerraMedia makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the TerraMedia service.

Limited Liability

  1. The Customer expressly agrees that use of TerraMedia websites and services is at the Customer’s sole risk. Neither TerraMedia, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the TerraMedia service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the TerraMedia servers, unless otherwise expressly stated in this agreement.
  2. Under no circumstances, including negligence, shall TerraMedia, its officers, agents or anyone else involved in creating, producing or distributing TerraMedia services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the TerraMedia website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to TerraMedia’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on TerraMedia’s servers.
  3. Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable legal fees and court costs.

Lawful Purpose

  1. The Customer may only use TerraMedia servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected  by trade secrets. This also includes links or any connection to such materials.

Indemnification

  1. The Customer agrees that it shall defend, indemnify, save and hold TerraMedia harmless from any and all demands, liabilities, losses, costs and claims, including reasonable
    legal fees, (“Liabilities”) asserted against TerraMedia, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless TerraMedia against Liabilities arising out of:

    1. any injury to person or property caused by any products sold or otherwise distributed in connection with TerraMedia’s server
    2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party
    3. copyright infringement
    4. any defective product which the Customer sold on the TerraMedia Server

Governing Laws

  1. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Severability

  1. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Contract Revisions

  1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of TerraMedia, services as specified in Section I. Financial Arrangements.

Transfer

  1. The Customer may not transfer this agreement without the written consent of TerraMedia.
  2. TerraMedia websites can be transferred away from TerraMedia servers, but it is not recommended as some services rely on specific server configurations that may not be comparable on all service providers.
  3. Failure of the Customer to notify TerraMedia in writing of a website server transfer may result in ongoing charges as services automatically renew.
  4. The Customer will not hold responsible for any website failures as a result of a server transfer away from TerraMedia servers.
  5. Domain names will always remain the property of the Customer.
  6. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.

Pricing Policy

  1. All of our prices are in Australian dollars (AUD) unless explicitly stated otherwise.

Privacy Policy

  1. TerraMedia is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalise your shopping experience with us. TerraMedia may use cookies. Please see our full privacy policy for more information.

Security Policy

  1. When purchasing from TerraMedia your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology. 128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support team – [email protected]

Unlimited Guarantee Fair Use Policy

  1. Website Unlimited Guarantee
    1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
    2. Unlimited design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign-off are billed by the hour.
    3. Unlimited web pages: We consider fair use to be as many as you like provided you are managing these pages. If you require TerraMedia to create, implement or manage these pages it is billed by the hour.
    4. Unlimited products: We consider fair use to be as many as you like provided you are managing these products. If you require TerraMedia to create, implement or manage these products it is billed by the hour.
    5. Unlimited hosting: We consider fair use to be data and bandwidth used in the normal operation of your website and email accounts. Data and bandwidth used for other purposes, for example, backups, off-site image hosting, or filesharing is not considered fair use and is a breach of your hosting agreement. While we don’t actively limit CPU, memory, or other server resources, there are hardware limits and websites exceeding 50% or more of system resources for longer than 90 seconds at a time five times a day or more would be required to upgrade to a specialised hosting environment.
    6. Unlimited support: Available Monday to Friday 9am – 5pm EST and refers to the support team providing assistance and directing clients in the management of their website. Support is provided very generously to assist clients. However, TerraMedia reserves the right to decide what is fair use.
    7. Unlimited email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage)
  2. Web Shield Unlimited Guarantee
    1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.
    2. Unlimited posts and pages: We consider fair use to be as many as exist in the reasonable course of your website growth.
    3. Unlimited backup size: We consider fair use to be data and bandwidth used in the normal operation of your website. Data used for other purposes, for example, backups, off-site image hosting, or filesharing is not considered fair use and will not be backed up.
    4. Unlimited support: Available Monday to Friday 9am – 5pm EST and refers to the support team providing assistance and directing clients in relation to malware and their Web Shield service. Support is provided very generously to assist clients. However, TerraMedia reserves the right to decide what is fair use.
© TerraMedia. All rights reserved.