Privacy Policy.
99dollarwebsite respect the privacy of our clients, agents and associates and protect your personal information. We comply with the National Privacy Principals (NPPs) as implemented under the Privacy Amendment (Private Sector) Act 2000 ('Privacy Act'), which came into effect on 21 December 2001. The Privacy Act established a national scheme for the handling of personal information by private sector organisations. The NPPs are the minimum privacy standards.
This Privacy Policy outlines how 99dollarwebsite safeguards the privacy of your personal information in compliance with the privacy laws. The scope of the principles set out in our Privacy Policy extends to any personal information you give to us in person, through the telephone, via our website or pursuant to any other arrangement.
Acts and practices of ours which are directly related to the employee records of our current and former employees are exempt from the coverage of the NPPs and this Privacy Policy does not apply to them.
99dollarwebsite only collects personal information from you, which is necessary for conducting our business, providing our services to you and meeting our legal obligations. We collect personal information about you only by lawful and fair means and not in an unreasonably intrusive way.
99dollarwebsite take reasonable steps to ensure that you know why we are collecting your personal information, what we use it for, to whom we disclose it and how you can access is to ensure its accuracy.
Where reasonable and practicable to do so, 99dollarwebsite collects personal information about you directly from you. Generally, we may collect personal information about you when you meet with us in person, contact us by telephone, facsimile or email, correspond with us by mail or when you request further information about our services through our website.
Generally, 99dollarwebsite only collect personal information from our website when you provide it to us voluntarily, for example when you send 99dollarwebsite an email, or complete an electronic enquiry form requesting further details about our services.
The type of personal information which we collect depends on the nature of your dealings with us. The personal information we collect from you usually includes your name, title, address and contact numbers.
Occasionally, while acting on your behalf 99dollarwebsite may collect personal information about you from a third party such as organisations with whom you may have dealings, an information service provider or from a publicly maintained record.
Use and Disclosure of your Personal Information
99dollarwebsite endeavours to use and disclose personal information about you only for the primary purpose for which we have collected it. The primary purpose of collection may relate to the provision of our services considering your application for employment with us; obtaining services from you; or marketing our services to you.
Sometimes it may be necessary to use or disclose your personal information for a secondary purpose, which is related to the primary purpose of collection, such as generating bills and reminder notices or providing our newsletter to you.
99dollarwebsite do not disclose or sell personal information we collect and hold to third parties in order to allow them to directly market their products and services to you.
Maintaining the Quality of your Personal Information
99dollarwebsite takes reasonable steps to make sure that the personal information which we collect, use or disclose is accurate, complete and up-to-date.
If you believe that the personal information we hold about you is inaccurate, incomplete and not up-to-date, please contact our Privacy Officer Ross Gardner on 0416127871 or by emailing privacy@99dollarwebsite.com.au, and we will take reasonable steps to amend the information.
Securing your Personal Information .
99dollarwebsite will take reasonable steps to protect the personal information which we hold from misuse and loss, and from unauthorised access, modification or disclosure.
To protect your personal information, we have implemented physical, computer and network, communications and personnel security measures. Locks and a monitored alarm system secure our office and data storage facilities. Authorised users who have been issued passwords and specific user identifiers can only gain access to our computer system.
99dollarwebsite takes reasonable steps to destroy or permanently de-identify your personal information if it is no longer needed by us. We have in place systems for destroying or de-identifying personal information that is no longer required, such as shredding of paper documents that contain such information.
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Terms & Conditions.
The following terms and conditions (these "Terms") govern the provision by 99dollarwebsite ("Company") of the services and/or products (referred collectively herein as "Services and Products") described on this page and defined in any of the Company’s product support listing, to the customer ("Customer") identified in the Service Descriptions. The Service Descriptions, these Terms and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this "Agreement."
If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. Customer hereby agrees to the following:
• The term of this agreement, and the provision by the Company of the services hereunder, is on a periodic basis and renewable on the anniversary of such period unless cancelled earlier by pursuant to the express terms of this agreement.
• A non-refundable 50% deposit is payable on all Website Design Packages over $800.00. This is either charged to your credit card, paid by bank transfer, cheque or money order prior to our Design Team beginning work on your website. The final 50% is payable within 7 days of activating your website. The deposit is totally non-refundable once your card has been charged, payment has been received by bank transfer, cheque or money order. Full payment up front is required on Website Design Packages less than $800.00.
• Customer agrees to pay any hosting services in advance of each payment term on the billing date specified in the invoice it receives from the Company.
• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Non-Payment of services shall result in suspension or disconnection. All payment failures must be cured within 7 days of a payment due date. Customers failing to secure payment within 7 days of due date will incur service interruption and $50 reconnection fee.
• Company is not responsible for data integrity on equipment reclaimed for non-payment.
• Customer agrees to supply materials and information required for Company to complete the Work in accordance with the Website Design Package in which a 50% deposit has been paid. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Customer fails to supply such materials leads to a delay in completion of the work, Company has the right to suspend free website hosting until all required materials and information are supplied. Where the Client's failure to supply materials prevents progress on the Work for more than 45 days, Company has the right to invoice the Client for any part or parts of the Work already completed.
• Customer agrees to adhere to the Company's Acceptable Use Policy, as amended from time to time by the Company.
• Customer agrees to adhere to the Company Data Centre Rules and Procedures.
• Company reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services.
• Company is not responsible for backing up customer website data, files, scripts, email or database.
• Company is not responsible for the restoration of data to server in the event of hardware failure. Company dedicated server providers regularly backup data but do not guarantee backup data integrity. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. Company shall not be liable for loss of data under any circumstances.
Additionally, in consideration for hosting services to be delivered, Customer agrees to be bound to the following terms:
Indemnification.
Customer agrees to indemnify and hold harmless Company and the employees and agents of Company (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
Limitation on Company Liability.
Company shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products to Customer resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The exclusive remedy against Company for any damages whatsoever to Customer arising out of or related to this Agreement shall be the refund of the fees paid by Customer to Company with respect to the then current term of this Agreement. COMPANY SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.
Miscellaneous. Failure by either Company or Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. |