Acceptable Use Policy | Terms of Service | Disclaimer

2004 – Current

Contents

Introduction

Design House (Fraser Coast) is owned and operated by Jeanette Maynes, ABN 48 718 063 950.

The following is a legal agreement between you (“you”, “the client” or “User/s”) and the owners and operators (“we”, “us”, “I’, “our”, “Jeanette Maynes”, “Design House (Fraser Coast)” or “Design House” and any related businesses or identities1) of the site at www.designhouse.com.au (the “Website”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”). Your use of the Service, and our provision of the Service to you, constitutes an agreement by you and us to be bound by the terms and conditions in these Terms of Service (“Terms”).

By using or accessing this WEBSITE, or your decision to purchase any product or engage any SERVICE signifies your ACCEPTANCE of the TERMS of the ACCEPTABLE USE POLICY (AUP) | TERMS OF SERVICE.  

From time to time we may update this policy at any time and in any manner.

If you do not accept this version of the Acceptable Use Policy (AUP) | Terms of Service or any future amendments you will need to immediately contact us to notify us of the cancellation of your services.

To whom does the policy apply

The policy applies to the owners and operators of services provided by Design House. It is also directed at users and customers who want to lodge a complaint about alleged breaches of the policy.

Any use of our services that contravenes the various Commonwealth and State laws that govern many aspects of Internet use is, by definition, unacceptable use. The owners and operators of websites hosted by us are strongly advised to familiarise themselves with these laws and to operate within them.

In addition, we impose additional restrictions on the use of our services to ensure that the system operates fairly for all customers and to safeguard our good name and reputation.

Agreement by customers to comply with the AUP

It is a condition of contract that all our customers comply with the terms of this AUP. Your decision to purchase any Design House product or service signifies your acceptance of the terms of this AUP.

The services covered by this policy

This policy covers all services hosted by Design House and the Design House network in general.

If we provide you with access to a network outside our network you are responsible for complying with the AUP for that network.

Design House’s responsibilities

Design House will take reasonable measures to ensure that the owners and operators of the services we host will comply with this AUP.

We reserve the right to monitor your compliance by any means and to take action if we deem it necessary. We will also act on any complaint from a user or another Design House customer and will cooperate fully with law enforcement agencies if required.

What constitutes unacceptable use by customers

You must not use our service, attempt to use the service, or allow the service to be used in any way that:

Breach of law

  • results in you or Design House breaching, or being involved in a breach of law, order or regulation;

Obscene, defamatory, offensive, abusive

  • sends, displays, accesses, makes available, publishes, or distributes or otherwise is involved in material that a reasonable person would consider obscene, defamatory or offensive;

The rights of others

  • infringes on any person’s rights (including intellectual property rights and moral rights);
  • constitutes a misuse of any person’s confidential information;
  • results in a breach by you of any obligation that you owe to any person;

Prohibited and Restricted content

  • sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material that is likely to be considered unsuitable for minors;
  • sends, displays, accesses, makes available, publishes or distributes or otherwise is involved in material which is classified RC or X by the Australian Classification Board;

Protection of minors

  • enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;

Illegal business practices and gambling

  • engages in any misleading or deceptive business or marketing practice;
  • involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;

Damage to property or people

  • results, or could result, in damage to property or injury to any person;
  • harasses, menaces or stalks people;

SPAM

  • indiscriminately sends unsolicited, unwanted, or inappropriate messages, especially commercial advertising in mass quantities;
  • provides capability which permits third parties to send SPAM;
  • causes an adverse effect on any computer, network, or data belonging to any party;
  • accesss anyone else’s systems, networks or data without consent, regardless of whether or not such access or use has any adverse effect on the system, network, or data;
  • creates, sends, or alters in any way the contents of an electronic message for the purpose of hiding, obscuring or deleting the source of the message or making the message appear to come from someone other then you;

Design House’s service

  • manipulates or bypasses Design House’s usage limits;
  • undertakes any activity which impedes Design House’s ability to provide its services;
  • unfairly damages the commercial well being or reputation of Design House;

Excessive Resource Usage / Backups / Data Loss / Maintenance / Cancellation

  • would result in an excessive load being generated on Design House’s servers, network, or other resources; and
  • would create any undue burden on other Design House customers or the service in general;

We reserve the right to decide whether any action constitutes unacceptable use and, to the extent the law allows, our decision will be final.
Design House cannot be held liable for any damages, loss or costs arising from system down time, crashes, hacking or data loss. We are not responsible for any and all files and data residing on your account on our servers and cannot guarantee that the contents of a web site will never be corrupted, or that a backup of a web site will always be available. It’s the responsibility of the client to keep the site up to date and make regular backups.
You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored on any Design House server to which you have an account on.

Once your website is paid in full or approved to go live the contract is deemed fulfilled. Any further site related problems or updates will be invoiced separately. We are happy to fix any problems or out dated code; this is considered a separate project to the original and will quoted separately.

If you go over your hosting package disc space quota (website / email) your account will suspend. You will be advised prior so you can upgrade to the required next size hosting plan or delete emails from the server if required, clear instructions are supplied.

Account Deletion / Cancellation

IMPORTANT INFORMATION

  • Cancellation requests are processed immediately
  • Upon the cancellation completion all data is deleted (including websites and any past emails) and cannot be reversed.

Payment

Payment is required upon receipt of your invoice.
A 10% administration fee applies to accounts that exceed 7 days, any further costs associated with debt recovery will be added.

Websites / Graphic Design Projects / Print:
Initial Payment is due on project acceptance (50% of quotation)
Final Payment (Remaining unpaid account)
Once your account has been paid in full, your website is then made live on the internet or your project is finalised or sent to print.
* Initial Payment covers work done to date in the event of a requested project cancellation.
* A fee will be charged for any design | artwork | print | project cancellations.
* Additional fees may apply to time involved with excessive artwork amendments. The client will be notified prior to commencement.
* Turn-around time after approval of artwork is usually 5-10 working days
*  Quote are valid for 30 days. Design House Fraser Coast reserves the right to re-quote if acceptance exceeds the 30 day period.
* All goods, printing, services and intellectual property will remain the property of Design House (Fraser Coast) until such time that all associated costs are paid in full.

If you go over your hosting package disc space quota (website / email) your account will suspend.
You will be advised prior so you can upgrade to the required next size hosting plan and an invoice will be provided or so you may find a new hosting provider.

If you do not pay your hosting package fee prior to the expiry date (website / email) your account will suspend.
* A fee applies to re-register and set your domain / website / email accounts back up + the 10% late fee.

What we will do about unacceptable use

At its absolute discretion, Design House reserves the right to suspend or terminate a customer’s access to any or all services provided if Design House forms the view that a customer has breached the terms of this AUP.

We will not automatically assume an allegation of unacceptable use against you is proven until we assess the facts or a law enforcement agency or other relevant government authority requires us to act immediately. Nevertheless, we reserve the right to suspend or terminate your account without notice to you if the circumstances dictate that immediate action is required. In other circumstances we will follow the process outlined in the next section.

Complaints process

Complaints by users or customers should be sent to info@designhouse.com.au.

If the complaint is an allegation that you have not complied with the law we may, subject to legal advice, have to either inform the complainant that they can refer their concern to the relevant government authority or that we will do so. If the complaint is not clearly covered by a law we will initiate the following process:

(a) If the complaint is about content:

  • We will record the detail of the complaint and discuss it with you in an attempt to resolve the issues to the satisfaction of the complainant.
  • If that is unsuccessful we will give your contact details to the complainant so that the issues can be discussed directly with you (we will comply with our Privacy Policy in this regard).
  • If that is unsuccessful we will advise the complainant of their right to lodge a formal complaint with the Australian Broadcasting
    Authority.
  • Depending on the outcome of the process to this point, we reserve the right to make a final decision (which may involve suspension of termination of your service) that will bind you as the customer.

(b) If the complaint is about service interference:

  • We will investigate the allegations and attempt to resolve the matter. If our service is seriously compromised we may choose to suspend your service immediately pending an investigation.
  • Our decision in regards to service interference will be final. It may involve suspension or termination of your service.

Liabilities and indemnities

We will not be liable for any loss of benefit you might incur if we suspend or terminate your account under the terms of this AUP where:

  • you have breached the terms of this AUP;
  • we are required to do so by law;
  • we are directed to do so by the ABA under a takedown notice in accordance with its obligations under the Broadcasting Services Amendment (Online Services) Act in 1999 (as amended).
  • we acted reasonably in exceptional circumstances; or
  • we are not able to reach a mutually acceptable outcome.

Disclaimer

The information contained on www.designhouse.com.au website (the “Service”) is for general information purposes only.

Design House assumes no responsibility for errors or omissions in the contents on the Service and is written in my honest opinion at the time (IMHOATT). Content may not be sold, reproduced, or distributed without written permission.

In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, defamation or other tort, arising out of or in connection with the use of the Service or the contents of the Service.

You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by www.designhouse.com.au to resolve any legal matter arising from the Service, or in relation to the contents of Service or related to your use of the Service.

You agree to indemnify us against any claim a user or another customer might make as a result of any loss of benefit or damages they incur as a result of a breach of this AUP or service.

Indemnity

You agree to indemnify us and our associates, employees, and subcontractors from and against any third party claims and all damages losses, costs and expenses (including reasonable legal fees incurred on a solicitor / client basis) incurred or suffered by us, which arises as a result of your breach of these terms and conditions in your use of the website and this service document.

In no event shall Jeanette Maynes or Design House (Fraser Coast) be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, defamation or other tort, arising out of or in connection with the use of the Service or the contents of the Service.

You release, indemnify and hold harmless us and our associates from and against all and any actions or claims which may be made by you or on your behalf or by other parties for or in respect of or arising out of an injury, loss, damage or death caused to you or your property whether by negligence, breach of contract or in any way whatsoever.

The Client warrants and hereby agrees that the Client is hereby liable and wholly responsible for any damage to the reputation of Jeanette Maynes or Design House caused by any action or inaction done by the Client, including but not limited to any damage caused to Jeanette Maynes or Design House reputation caused by the use or implementation of social media, or internet resources.

Limitation of Liability

We will not be liable to you or any other person or entity for any damages whatsoever arising as a result of your use of this service or website in any way.

This limitation of liability applies to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this website or the services found on this website.

In addition, where warranties are implied by law, you acknowledge and agree that the total aggregate liability to us is limited to the total amount paid by you for the particular services that are the subject of the cause of action, even if those services were provided to you without cost.

External Links Disclaimer

www.designhouse.com website may contain links to external websites that are not provided or maintained by or in any way affiliated with us.

Please note that we do not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites. By clicking on links, you will be leaving this web site and will be directed to a third party site, which we have no control over the content.

In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence, defamation or other tort, arising out of or in connection with the use of external links or the contents of external links.

Some links used by Design House may be affiliate links, meaning at no additional cost to you, we may earn a commission if you click through and make a purchase.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, fonts or other artwork that you provide us for inclusion in your artwork or website design are either owned by your good selves, or that you have permission to use them. You are solely responsible & taking liability for any potential infringement of copyright.

© All content included on this site is the intellectual property of Jeanette Maynes and Design House (Fraser Coast) and protected by Australian and International Copyright Laws. All Rights Reserved.  No part of this document or the related files may be reproduced, modified, distributed, publicly displayed, published or transmitted in any form, by any means (electronic, photocopying, recording, or otherwise) without the prior written permission of the author Jeanette Maynes and Design House (Fraser Coast) .        

Copyright in this website (including its content, materials, text, graphics, logos, icons, concepts, designs and advertisements) is owned or licensed by us.

You agree to and Design House reserves the right to use any artwork designs or websites created in their print and or online portfolios being this website, Design House Australia Facebook page, Design House Australia Instagram or social media, or internet resources.

Privacy Policy

We have adopted this Privacy Policy to ensure that we handle personal information in accordance with the National Privacy Principles set out in Schedule 3 of the Privacy Act 1988 (Cth) for Australia and Privacy Act 1993 in New Zealand. Also in accordance with the Privacy Act Amendment 2014.

We respect your privacy and will not give out (your name, address, contact number(s) and email address) to anyone or any entity without consent. All participant information that are not of a public nature will be kept strictly confidential. Unless we believe the use or disclosure is reasonably necessary to assist a law enforcement agency or as otherwise required or authorised by law.

No artwork or photographs would be made public without prior consent. We post customer testimonials on our website which may contain personally identifiable information. We obtain your consent via email prior to posting your name and testimonial. If you want your testimonial removed please contact us at info@designhouse.com.au

For more information about your privacy in Australia go to: https://www.oaic.gov.au/privacy/the-privacy-act/

1 Related businesses or identities include; Jeanette Maynes