Terms

  1. Definitions

1.1. “Customer” means the person or entity who ordered services provided by North Lakes Web Design.
1.2. “Customer Service” means the relationship between North Lakes Web Design staff and the Customer, with the purpose of assisting the Customer with a question they have asked.
1.3. “eTicket” refers to a secure electronic message sent by the Customer to North Lakes Web Design via email for assistance or for any questions they may have with any Service(s).
1.4. “Registry” refers to person(s) or entity(ies) responsible for providing registry services. These services include customer database administration, zone file publication, DNS and DNSSEC operation, marketing and policy determination in regards to a top level domain name. A Registry may outsource some, all, or none of these services. Different registries exist for different TLDs.
1.5. “Service”, “Service(s)” or “Services” means any product(s) or service(s) the Customer has signed up to use. This can include, but is not limited to, the provisioning of space on one of our servers and a connection to and from the internet for web, email hosting and/or FTP services to function at the level specified in the chosen service level, domain name registration or transfer or renewal, SSL, and VPS.

1.6. “Big Local” means Big Local Group Pty Ltd.
1.7. “North Lakes Web Design”, “Company” or “Business” means Big Local Group t/a North Lakes Web Design.
1.8. “We”, “our” or “us” refers to Big Local Group Pty Ltd t/a North Lakes Web Design (ACN 600 083 350).
1.9. “You” or “your” refers to the person or entity who ordered services provided by North Lakes Web Design.

 

  1. Account Eligibility and Ownership
    2.1. You must be at least 18 years of age to use any service provided by North Lakes Web Design.
    2.2. By registering for or using any of our services, you warrant that you have the authority to bind the person or entity on whose behalf you are using our services.
    2.3. The account owner is the individual or entity whose name appears in the “Account Contact Information” section of our client portal.
    2.4. It is your responsibility to ensure that your contact and billing information is up to date and accurate.
  2. Account Security and Responsibility
    3.1. You are responsible for maintaining the confidentiality of your account login credentials.
    3.2. You are fully responsible for all activities that occur under your account, including any actions by users whom you allow to access your account.
    3.3. North Lakes Web Design will not be liable for any loss or damage resulting from your failure to comply with this section.
  3. Service Usage and Conduct
    4.1. You agree not to use our services to:
    a) Violate any applicable law or regulation;
    b) Transmit any content that is unlawful, defamatory, harassing, abusive, or otherwise objectionable;
    c) Engage in spamming, phishing, or other unsolicited marketing;
    d) Interfere with the operation or security of our network or systems.
    4.2. North Lakes Web Design reserves the right to suspend or terminate any account engaging in prohibited activity, with or without notice.
  4. Payment and Billing
    5.1. All services are provided on a pre-paid basis. Payment must be received in full before services are activated or renewed.
    5.2. Invoices are generated and sent via email. It is your responsibility to ensure payment is made by the due date.
    5.3. Failure to pay an invoice by the due date may result in the suspension or termination of services.
    5.4. North Lakes Web Design is not responsible for any data loss resulting from the suspension or termination of unpaid services.
  5. Refunds and Cancellations
    6.1. North Lakes Web Design offers a 30-day money-back guarantee on eligible shared hosting plans only.
    6.2. Refunds are not available on domain name registrations, SSL certificates, VPS or dedicated servers, software licenses, or third-party services.
    6.3. To cancel a service, you must submit a cancellation request at least 7 days before the service renewal date.
    6.4. Services cancelled after the renewal date are non-refundable.
  6. Domain Name Registrations
    7.1. Domain registrations are subject to the terms and conditions of the relevant registry and registrar.
    7.2. You are responsible for renewing your domain names before their expiry. North Lakes Web Design is not liable for any loss resulting from expired domain names.
    7.3. Domain registration fees are non-refundable once processed.
  7. Service Modifications
    8.1. North Lakes Web Design reserves the right to modify, suspend, or discontinue any service or feature at any time without notice.
    8.2. We will make reasonable efforts to notify you of significant changes that may impact your services.
  8. Resource Usage Limits
    9.1. You agree not to exceed the allocated resources for your service plan, including CPU, memory, disk usage, and bandwidth.
    9.2. Accounts exceeding their allocated resources may be suspended, restricted, or terminated at our discretion.
    9.3. We may offer upgrades or recommendations for optimising your resource usage.
  9. Service Availability
    10.1. North Lakes Web Design makes every effort to maintain service availability, but we do not guarantee uninterrupted or error-free operation.
    10.2. Scheduled maintenance and emergency downtime may occur and will be communicated when possible.
    10.3. We are not liable for any loss resulting from service interruptions, downtime, or data unavailability.
  10. Reseller Terms
    11.1. Resellers are responsible for supporting their own customers. North Lakes Web Design does not provide support to customers of resellers.
    11.2. Resellers must ensure their customers comply with these Terms of Service.
    11.3. We may suspend or terminate services to a reseller if their customers violate our terms or engage in abusive or illegal conduct.
  11. Migration and Transfer Services
    12.1. We may offer migration services as a courtesy and make no guarantee of compatibility, completeness, or success.
    12.2. You acknowledge that data loss or corruption may occur during the migration process, and North Lakes Web Design is not liable for any such issues.
    12.3. It is your responsibility to maintain a complete backup before initiating a migration.

 

  1. Technical Support

13.2. Our staff will offer support via email only. We do not provide support via social media. Any support offered outside of email is done at the discretion of North Lakes Web Design and may be withdrawn at any time without notice.
13.3. You agree that you will not abuse, harass, threaten or harm any North Lakes Web Design staff or customer service personnel, whether verbally, physically, or in writing. Should this occur, your services may be suspended or terminated without notice.
13.4. We reserve the right to support our services only. While we may try to help with third-party scripts, applications or services, this is not guaranteed and done at our discretion.
13.5. We reserve the right to prioritise support requests and limit the time spent on any request.
13.6. Our support service is intended to provide assistance and guidance. It is not a replacement for managed services, development, system administration, or professional services.

  1. Backups and Data Loss

14.1. You agree to maintain a recent copy of all content hosted with us at all times.
14.2. We perform daily backups for shared hosting and reseller services; however, we do not guarantee their availability, integrity, or that they are free from errors.
14.3. Backup restoration is provided as a courtesy. It is your responsibility to maintain current backups.
14.4. VPS services do not include backups unless explicitly stated.
14.5. North Lakes Web Design will not be held responsible for data loss, regardless of the cause.

  1. Changes to the Agreement

15.1. We may modify our Terms of Service at any time, effective upon posting to our website. Continued use of our services implies agreement to the modified terms.
15.2. If you do not agree to the amended Terms of Service, you must cancel your services with us.

  1. Warranties and Limitation of Liability

16.1. North Lakes Web Design shall not be liable for any indirect, incidental, special, or consequential damages, loss of profits or business opportunities, even if advised of the possibility of such damages.
16.2. North Lakes Web Design is not liable for any damage, loss or liability resulting from any unauthorised access to or use of our services.
16.3. In any case, our total liability shall not exceed the amount paid by you for the services during the 12-month period prior to the event giving rise to the claim.
16.4. We make no warranties or representations regarding the availability, reliability or timeliness of our services.

  1. Governing Law

17.1. This agreement shall be governed by the laws of the State of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts located within Queensland, Australia.

  1. Entire Agreement

18.1. This agreement constitutes the entire understanding between North Lakes Web Design and you with respect to the subject matter hereof and supersedes all prior agreements, discussions, or understandings.

  1. Severability

19.1. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

  1. Waiver

20.1. The failure of North Lakes Web Design to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.