Webservices Terms & Conditions
The fine print.

Webservices T's & C's

The services of roamfree.com include registration of domain names, web site hosting and web site designing. In order to use any of the services provided by roamfree.com, you must agree to the following terms and conditions. Your agreement to these terms and conditions will be indicated to us by sending to us an application or duly completed confirmation whichever occurs first.

The following terms and conditions apply to any or all of the domain registration, web site hosting, web site designing, e-mail and Secure Web Page services to be provided by roamfree.com to you. They also apply to the exclusion of any terms or conditions and no variation of these conditions will be binding on us or form part of any contract unless expressly accepted by us in writing.

“Server” means computer server equipment used by us in connection with the provision of any of our services.

“Web site” means the area on the Server allocated to you for use by you as a site on the Internet.

“Web page” means the web page operated and located on the Server, which allows safe and secured collection of credit card details because the page is encrypted.

Special Terms & Conditions

Domain name registration terms

1. We do not warrant or guarantee that the domain name applied for will be registered to you or is capable of being registered by you. 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. Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name. You agree, without limitation that the administration charge paid by you to us shall be non-refundable in any event.
3. We accept no responsibility in respect of the use of a domain name by you and any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.

Web site hosting, email, secure web page, virus protection terms

1. We specifically exclude any warranty as to the accuracy or quality of information received by any person via the Server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to data stored on the Server. You accept responsibility for keeping and maintaining an up to date data copy of your web site locally on your own computer. You warrant to us that you will only use your assigned web site for lawful purposes. In particular, you further warrant and undertake to us that:-
   1. You will not, nor will you authorise or permit any other person to, use the Server in violation of any law or regulation;
   2. You will not knowingly or recklessly post, link to or transmit any material:
      1. That is unlawful, threatening, abusive, harmful, malicious, defamatory, violent or teaching violence, obscene, pornographic, profane or otherwise objectionable in any way; or
      2. That contains a virus or other hostile computer program; or
      3. That shall constitute or encourage a criminal offence, give rise to civil liability or that violates or infringes any trade mark, copyright, other intellectual property rights or similar rights of nay person under the laws of any jurisdiction; and
   3. You will conform to the standards made available by us from time to time and will not yourself, and will ensure that none of your end users, make excessive or wasteful use of the Server to our detriment or that of our other customers.
2. You are responsible for sending mail in accordance with any relevant legislation, including but not limited to data protection legislation and for sending the same in a secure manner. We will take all reasonable steps to ensure accurate and prompt routing of messages but we will not accept any liability for non-receipt or misrouting or any other failure of email.
3. You warrant, undertake and agree that:
   1. Any transactions within your web site which are contracts for the sale of goods or services will be between you as the merchant and your end-user customer and you agree that we may include an exclusion of our liability in respect of such purchases and transactions in such form as we deem appropriate;
   2. The information contained within your web site will comply with all applicable law, and codes of practice governing the use of web sites and related services, including, without limitation, those laws and/or codes of practice governing distance selling and data protection from time to time in force;
   3. You will keep secure any identification, password and other confidential information relating to your account and you will notify us immediately of any known or suspected unauthorised use of your account, or any known or suspected breach of security, including loss, theft or unauthorised disclosure of your password information. Notwithstanding such notification you will be liable for any and all uses of your account (and web site) notwithstanding any fraudulent or improper use of your password or any other access to any of the facilities we offer which is not unauthorised use or access by us.
4. Whilst we shall use reasonable endeavours to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorised users or hackers.
5. We do not warrant whatsoever that our virus protection services will stop every virus from reaching your computer network. We make no warranty that the service will be error free or free from interruption of failure, and the company expressly disclaims any express or implied warranty regarding system and/or service availability, accessibility, or performance.

Web site designing

1. Your property supplied to us will be held by us at your risk, although all reasonable care will be taken to prevent loss or damage. If third parties are sub contracted by us and are to use this artwork to complete their requested task, then all artwork remains your property and may not be copied or used in any manner by the third party for their own works outside of roamfree.com. Once the job has been completed all copies of the artwork either hard or soft are to be returned to us or be completely deleted from their systems or servers.
2. Initial work produced, whether experimentally or otherwise, at your request will be charged for unless otherwise agreed in writing. If the customer wishes to terminate an order at this stage, a termination invoice will be drawn up charging for time and materials up to this point.
3. We will present final proof to you for approval prior to publishing. When approval is given by you in the form of a signature upon our approval stamp, we will assume that you have studied all aspects of the material presented and to be satisfied with them, noting any exceptions in writing.

General Terms & Conditions

1. We will usually attempt to provide an estimate upon our receipt of a full brief in writing from you.
2. All prices quoted are, in the absence of specific written agreement to the contrary, estimated only. Quotations for design work are based upon projected working hours at the current studio rate, plus materials, and are subject to amendment on or after acceptance to meet any rise or fall in such rates or material costs. We may charge you any increased charges or costs arising from alterations or additions to contractual specifications or to work previously approved. We will provide a separate quote in respect to other expenditure such as material sub-contracted on your behalf.
3. We shall not be liable for any loss or damage, whether direct or consequential, which is or may be occasioned to you or to any person with whom you are in contractual relations which is in any way attributable to any delay in performance or completion of any contract between you and us regardless of how that delay arises.
4. If any of the following events occur, then we shall (without prejudice to any other right or remedy available to us) be entitled to cancel any contract between you and us or suspend any further deliveries of goods or the provision of any further services under any such contract without any liability to you and if any goods or services have been delivered or supplied but not paid for, the price of such goods and services shall become immediately due and payable, notwithstanding any previous agreement or arrangement to the contrary:-
   1. You become insolvent or make any voluntary arrangement with your creditors; or
   2. A petition is presented or a resolution is passed to wind up your business (other than for the purposes of reconstruction or amalgamation as a solvent company ); or
   3. A receiver is appointed over the whole or any part of your assets or an administration order is made in respect of you; or
   4. You cease trading; or
   5. Any diligence, distress, execution or other process is levied or enforced against your property.
5. You shall not submit for use by us anything whose use would constitute an unauthorised dealing with copyright material. In the event of any breach of this condition resulting in such an unauthorised dealing, you shall remain liable to pay all sums due to us under the relevant contract and shall further indemnify us against any loss, damages, costs or expenses attributable to such unauthorised dealing.
6. All copyright and other intellectual property rights in any work created, commissioned or otherwise acquired by us in implementation of any contract between you and us shall remain with us until full payment has been received. For the purposes of these conditions, WORK means and includes any artistic, literary or dramatic work within the meaning of the Copyright Act 1968 (as amended from time to time).
7. A payment will usually be taken when work begins. Invoicing may be split into agreed phases in the event of lengthy jobs. The final payment will be taken upon completion of finished artwork. Divided payments by standing order may be considered under certain circumstances such as regular consultancy or administrative work.
8. Maintenance rates will become effective if one of the following is met:
   1. The original site has been created and paid for in full;
   2. Otherwise stated in writing by one of our representatives.
   Maintenance will be charged out at the current Maintenance Rate and will be charged half hourly. A minimum charge of one and a half hour will apply. We have the right to decide if a job meets a maintenance or design title. If the job meets a design title then the design rate will be applicable.
9. If a project is postponed or cancelled after more than 50% completion by anyone other than roamfree.com - eTourism, then the balance of work will be invoiced and then completed at the customers continuation date (if any). If the project is cancelled before 50% completion then a refund will be issued minus charges accumulated by roamfree.com - eTourism or any 3rd party costs that roamfree.com - eTourism incurred during the project.
   These prices will be calculated at roamfree.com - eTourism's standard design rate based on the hours already spent including any third party costs. Setup costs are not refundable. Administration costs will also be applicable. Percentage of works completed will be calculated on current hours spent minus current hours quoted. Proof in the form of a project time sheet will be provided to you.
10. All payments must be made before the invoice due date, unless otherwise agreed. Prices quoted to you are inclusive of GST which will be payable by you. Where Hosting invoices are overdue by 30 days roamfree.com - eTourism reserves the right to lock all email facilities; roamfree.com - eTourism may close the web site at 60 days and commence legal proceedings at 90 days.
11. Ownership of any work delivered to you under any contract between you and us, or of any other goods delivered under any such contract, shall not pass to you until payment in full of all sums due to us under such contract has been made to us. The risk of damage to or destruction of any item delivered by us to you shall pass to you upon delivery, notwithstanding that ownership of the item has not then passed. It is your responsibility to ensure that such item is adequately insured from time of delivery.
12. We may employ any person, company or firm as a sub-contractor for the production or provision of any printed or other item in accordance with any original design or other work produced by us for you.
13. If you fail to meet your financial obligations, we may commence legal proceedings and all legal costs and other administrative expenses will be recoverable in full by us.
14. If any clause of these terms and conditions is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
15. We may change the terms and conditions hereunder, at any time, by notice in writing to you.
16. This Agreement shall be governed by the laws in force in the State of Queensland. Both parties hereby submit to the exclusive jurisdiction of the Courts of that State.

12 Month Payment Plan

1. Subject to the following clauses, you have the option of paying off the Packaged Products offered by us over a period of 12 months.
2. This Payment Plan is only available for Packaged Products valued at $1,200.00 or more.
3. This Payment Plan is available at the costs of an additional 10% of the total price of the Packaged Products.
4. You are required to pay 25% deposit in advance. You may then pay the remaining 75% by 12 equal monthly instalments, by way of direct debit to your credit card. We only accept Master Card and Visa Card.
5. You agree to the following:
   1. In the event that you change your credit card details, you must provide us with 1 month written notice. You must provide us with the details of your replacement credit card.
   2. If you fail to comply with Clause 5.1 above and result in the scheduled direct debit to fail, then you will be charged a $50.00 administrative fee.
   3. If a direct debit is unsuccessful for any reason, we reserve the right to attempt to re-draw at such times as we determine and you will be charged a $50.00 administrative fee. In this event, we reserve the right to charge the full outstanding amount.
6. You may not vary, defer, suspend or stop the direct debit.
7. You understand and agree that:
   1. We reserve the right to charge the full outstanding amount in the event of any change in the ownership of your business.
   2. If the ownership of roamfree.com changes, then the new owner will continue to charge you the usual monthly instalments until all outstanding amount is paid in full.

All prices are shown in $AUD