Liquid Digital Terms and Conditions

Liquid Digital’s Terms and Conditions are categorised below to cover the use of our website, our range of services provided, and our web hosting services.

By placing an order with or if you are an existing client of Liquid Digital, you confirm that you are in agreement with and bound by the terms and conditions set out below.

Website Terms & Conditions of Use

No Warranties or Liabilities

Liquid Digital will not be held liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, our websites. Your use of and browsing of our websites are at your own risk.

Liquid Digital also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment, your website or web service, or other property on account of your access to, use of, or browsing our websites or your downloading of any Content from this site.

Copyright

It should be assumed that everything you see or read or download on our websites, including all content and digital materials, is copyrighted. Unless otherwise noted, it may not be used in any form without the written permission of Liquid Digital Pty Ltd.

This means that you may not: “distribute” any of the Content to others without the express written permission of Liquid Digital; “mirror” or “include” any of the Content on your own server or documents without the written permission of Liquid Digital; “modify” or “reuse” any of the Content on this site.

Third Party Sites

This website may contain links to third party sites. Liquid Digital is not responsible for the condition or the content of those sites as they are not under our control. You access those sites and use their products and services solely on your own risk.

If you use the links on external websites to arrive at Liquid Digital, please be aware that the linked sites are not under the control of Liquid Digital and we do not endorse their contents.

Trademarks and Logos

The use of a trademark on this site is not intended to indicate any association with or endorsement by the owner of that trademark.

 

Web Services Terms & Conditions of Use

Extent of Work

Installation on the Internet is limited to the uploading of all necessary files and databases to the hosting facility, and testing of functionality. No registration or focus of the website on Search Engines or maintenance work will be undertaken for your project unless this work is otherwise agreed and listed in the scope of work.

Approval of Work

On completion of the Work, the Client will be notified and have the opportunity to review it. The Client should notify Liquid Digital in writing, of any unsatisfactory points within 7 days of receipt of such notification. Any of the Work which has not been reported in writing to Liquid Digital as unsatisfactory within the 7 day review period will be deemed to have been approved.

Support Boundaries

Liquid Digital does not provide technical support for YOUR Clients. Any additional work you may require from Liquid Digital staff, which does not fall within usual support boundaries, is charged at a rate of $90 AUD per hour, in 30 minute increments. All charges will be discussed before work commences on a per incident basis.

Supply and Pricing of Services

Liquid Digital reserves the right to use whoever it feels appropriate at the time for third party software and services, and to alter its prices as necessary without prior notice and without affecting existing contractual pricing agreements. Liquid Digital reserves the right to change the pricing of products and/or services at any time.

Your Business

The client agrees that the client is solely responsible for complying with such laws, taxes, and tariffs associated with their country, and will hold harmless, protect, and defend Liquid Digital from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce or other Liquid Digital services.

Furthermore, Liquid Digital will not be held liable in any form for incorrect configuration settings associated with your website. It is up to you, the client, to practice correct business practices for your business residence.

Supply of Materials and Intellectual Property Rights

The Client is to supply all materials and information required for Liquid Digital to complete the Work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written-copy, logos and other printed materials. Where the Client’s failure to supply such materials leads to a delay in completion of the work, Liquid Digital has the right to extend previously agreed deadlines for the completion of the Work by a reasonable amount.

The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material it supplies to Liquid Digital for inclusion on the Website. The conclusion of a contract between Liquid Digital and the Client shall be regarded as a guarantee by the Client to Liquid Digital that all such permissions and authorities have been obtained and that the inclusion of such material on the Website would not constitute a criminal offence. By agreeing to these terms and conditions, the Client removes the legal responsibility of Liquid Digital and indemnifies the same from any claims or legal actions however related to the content of the Client’s site.

Intellectual Property Rights

Material accessible to you through Liquid Digital’s Services may be subject to protection under Australian (or any other country) copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use the Liquid Digital Service in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Liquid Digital Network. If you use a domain name in connection with the Liquid Digital Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Content

All services provided by Liquid Digital may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Australian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless Liquid Digital from any claims resulting from the use of the service, which damages the subscriber or any other party.

Web security

Liquid Digital Pty Ltd reminds you that your website is only as secure as you keep it.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your Account password.

Unless you are subscribed to a valid Liquid Digital web support plan, Liquid Digital is not responsible for your website security or maintenance of your website or service.

Liquid Digital Pty Ltd expressly disclaims any liability or responsibility for any loss or damage arising from or related to unauthorized use of or access to your Account information.

Liquid Digital provides professional website and internet solutions that include security systems such as real-time website vulnerability scanning, and independent monitoring of your web server for outages 24/7/365 (any Liquid Digital Managed Web Hosting package).

We aim to provide best practice services to our clients at all times and will continue to strive to provide service & security for all services we provide.

The internet has many influences including changing technologies, viruses, and an increasing number of malicious attacks from internet hackers. Due to these and other factors, Liquid Digital Pty Ltd cannot be held responsible for security vulnerabilities that may impede on services supplied. Being part of the internet you are at risk!

The best way to minimize your risk of malicious activity online is to keep your website up to date, passwords, and personal profile protected and changed regularly, and to be informed of recent security trends & activity. Thankfully we can help. Introducing Liquid Digital Website Security and Maintenance services:

As the internet continually changes and develops and as technology evolves, Liquid Digital Pty Ltd will continue to strive to provide you with better and more customised services and a more effective Web Site. Liquid Digital Pty Ltd encourages you to independently review the Security and Privacy of your website periodically because web Security and Privacy circumstances may change from time to time.

In addition to the provisions of this Security and Privacy Statement, there may also be specific and additional security provisions which apply to certain sections of your website. Where those specific and additional provisions also relate to your website (such as with e-commerce enabled websites), you should also review these.

In the event of any inconsistency between the provisions of this Security and Privacy Statement and those other specific and additional provisions, the specific and additional provisions will prevail.

Payment

Full payment for projects will be due upon reaching the “Project Delivery Date” defined in the contractual agreement document. Liquid Digital will invoice the Client for the balance of payment for the project which is to be paid by the Client within 7 days of the date that the invoice was issued.

For ad-hock support work, full payment will be due as soon as the work is in place within your live environment.

Overdue Payment

If payment has not been received by the due date, Liquid Digital has the right to suspend ongoing work for the Client, until such time that full payment of the outstanding balance has been received. If full payment has still not been received 21 days after the due date, Liquid Digital has the right to replace, modify or remove the Website and revoke the Client’s licence of the Work until full payment has been received. By revoking the Client’s licence of the Work or removing the web site from the Internet, Liquid Digital cannot be held liable for repercussions from this, and this action will not remove the Client’s obligation to pay any outstanding monies owing.

Refunds and Disputes

All payments to Liquid Digital are non-refundable. This includes any setup fee and subsequent charges regardless of usage. If you dispute a charge to your credit card issuer that, in Liquid Digital’s sole discretion is a valid charge under the provisions of this TERMS OF SERVICE, you agree to pay Liquid Digital an Administrative Fee of not less than $90 and not more than $220. Liquid Digital does not offer any kind of “money back guarantee” or “trial period”. All domain registration fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your term.

Payment Currency

Clients will be billed in AUD (Australian Dollars).

Invoicing

Liquid Digital does not provide paper or hard-copy invoices. PDF invoices are sent via email.

Fees quoted are valid for 30 days from the date of issue. Our payment schedule is as follows:

·         40% of the total project cost will be invoiced before commencement of the project

·         40% will be invoiced after the design phase is completed

·         The final 20% will be invoiced before the sites go live

All prices are quoted exclusive of GST unless specified.

The due date is the date on which the payment is due as per the terms on the invoice. Payment terms are 14 days, unless agreed otherwise.

Events beyond the control of Liquid Digital

Liquid Digital will not be liable for breach of contract where that breach was due to software, hardware or electrical failure, natural events such as fire or other events beyond the control of Liquid Digital.

Right to Terminate

Liquid Digital reserves the right to refuse or break a contract without prior notice, if it is believed that the Client, their Website, or any material is illegal, immoral or otherwise unacceptable.

Jurisdiction

This Agreement shall be governed by the laws of Australia which shall claim venue and jurisdiction for any legal action or claim arising from the contract between Liquid Digital and the Client.

Abuse

Any attempts to undermine, slander, libel, threaten, or cause harm to a Liquid Digital server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law.

Refusal of Service

Liquid Digital reserves the right at its sole discretion to refuse or cancel service. Violation of any of Liquid Digital’s Terms of Service could result in a warning, suspension, or account termination. Accounts terminated due to policy violations will not be refunded. Domains terminated due to policy violations will not be released to the customer.

Survival of Contract

Where one or more terms of the said contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

Consequential Loss

Under no circumstances will Liquid Digital be responsible or liable for financial or other loss or damage caused by the failure or use or misuse of their services or software. The Client should ensure that data on their site is regularly backed up and that a contingency plan is in place to minimize possible losses as a result of software failure.

 

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Liquid Digital (or it’s employee’s/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Liquid Digital, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Liquid Digital against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Liquid Digital server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of Liquid Digital to the amount paid for service.

Disclaimer

Liquid Digital will not be responsible for any damages your business may suffer. Liquid Digital makes no warranties of any kind, expressed or implied for services we provide. Liquid Digital disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Liquid Digital and its employees. Liquid Digital makes no “uptime” guarantees. The Client agrees that Liquid Digital shall not be liable for any damages as a result of loss of hosting services or hosted data. The Client further acknowledges that Liquid Digital’s liability for its own negligence is zero, and Liquid Digital may not be held responsible. Liability or Damages in any event may not exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall Liquid Digital be liable for any special or consequential damages, loss of revenue or injury.

Liquid Digital can accept no responsibility for any loss of data or consequences arising from this. Liquid Digital always advises clients to back up their site data regularly for their own protection. Liquid Digital does not guarantee its own backups of customer data and is not liable for any loss of data, loss of backups or inability to restore service after implementing its disaster recovery plan.

Liquid Digital furthermore expects that its customers who provide services to others will ensure its customers fully comply with all applicable laws and this Liquid Digital TERMS OF SERVICE. Your client’s failure to comply with those laws and our Terms of Service will violate this policy. If a customer provides services to others and decides to cancel their account with Liquid Digital then Liquid Digital will not be responsible for maintaining hosting or other services for your customers. Liquid Digital has no agreement or responsibility to any resold services. Resold services to others are your own responsibility.

All communications (emails, verbal or written) are between Liquid Digital and the client. These communications are private and are therefore not to be shared with any other parties. This agreement is made between the customer and Liquid Digital. Liquid Digital will only be able to communicate with regards to the account with the registered customer and not a third-party.

Finally, Liquid Digital wishes to emphasize that in accepting services, customers indemnify Liquid Digital for the violation of any law or Liquid Digital policy that results in loss to Liquid Digital or the bringing of any claim against Liquid Digital. This means that if Liquid Digital is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Liquid Digital, plus costs and reasonable legal fees.

Failure to comply with any of our terms of service will result in grounds for immediate account deactivation or removal.

Acceptance and changes to Terms & conditions of service

You acknowledge and accept that your use of the Liquid Digital Pty Ltd website or services indicates your acceptance of the Liquid Digital Pty Ltd Terms and Conditions, and the Security and Privacy Statements.

These terms & conditions may change from time to time. The Client will be informed of revisions as and when they are issued.

 

Web Hosting Terms & Conditions of Use

Use of Liquid Digital’s Web Hosting Service constitutes acceptance and agreement to our Terms of Service. All service provisions are subject to the Terms of Service of Liquid Digital. The Terms of Service may be changed from time to time at the discretion of Liquid Digital. The client understands that change to the Terms of Service by Liquid Digital shall not be grounds for non-payment. Liquid Digital agrees to provide the client with web hosting services for a monthly or annual fee. Liquid Digital will never require clients to advertise for Liquid Digital on their website in any way shape or form unless agreed upon, such as a non-profit organisation receiving complimentary hosting. Clients are allowed to use Liquid Digital services for personal and/or business/commercial websites or content.

Network Security

Customers may not use the Liquid Digital Network to attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Liquid Digital will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Physical Security

For security reasons Liquid Digital operates ‘closed’ data centre facilities. Physical access to any servers or related equipment at any Liquid Digital locations is not permitted. Only fully authorised Liquid Digital staff are permitted access to work onsite at these facilities.

Domain Name Expiry and Redemption Fee’s

Liquid Digital is not liable for expiry or loss of your domain name. Before a domain expires you will be reminded to renew your domain by email to the address we hold on file for you. On the date a domain expires it will be deactivated by the registry, and no longer display your website. Once a domain is deactivated and expired you will have 30 days to contact us to renew the domain name at our regular renewal rates. Redemption Period – After 30 days have passed since the expiry date of your domain, the domain is placed in its “redemption period” and to renew the domain at this stage will cost $250 USD. This is a cost charged by the registry and passed on to you by us. Redemption periods last between 30 and 60 days, and then the domain is released to the public so anyone can re-register your domain and you will lose it.

Domain Transfers

Any domain name registered by Liquid Digital (as your registrar) is yours to keep. You can transfer your domain name to a different registrar at any time once the domain is 90 days old – Newly registered domains do have a 90 day waiting period where they cannot be transferred from Liquid Digital to a different registrar. The same 90 day ‘no transfer’ window applies when an expired domain is renewed or restored after being in the registry redemption period. Once 90 days have passed from renewing such domains they are then free to be transferred again.