OUR SERVICES INCLUDE:

1.0 HOSTING SERVICES
2.0 WEB DESIGN

a) Stand Alone New Website Designs
b) Upgrading Existing Websites with new website design structure

3.0 DOMAIN REGISTRATIONS
4.0 WEBSITE MARKETING: Search Engine Optimization (SEO)
5.0 ECOMMERCE SELF ADMIN
6.0 PAYMENT REQUIREMENTS
7.0 INDEMNITY

By Accepting these Terms and Conditions YaZoogle agrees to provide the Services set-out in below.

1.0 HOSTING

1.0 Hosting Resale: You must not resell, or attempt to resell, the Services or Transfer your Account to another person without our prior written consent.

1.2 Interruption of Service. You hereby acknowledge and agree that YaZoogle and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further,YaZoogle shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure) and therefore can not be held responsible for any third party ceasing their service to Yazoogle Web Design on behalf of their clients, therefore any fees paid to this third party is non-refundable.

1.3 Backups and Data Loss: Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers via FTP with user name and password supplied to you on purchase of this service.

2.0 WEB DESIGN

2.0 Websites :YaZoogle offer 2 types of Web Web Design Services

a) NEW WEBSITE b) UPGRADING AN EXISTING WEBSITE

2.1 NEW WEBSITE YaZoogle will discuss the new site structure and new content ( including text - images - flash and other media types etc ) that may be required for the website either by: Onsite visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

2.2 UPGRADING AN EXISTING WEBSITE - When upgrading an Existing Website to a New Design format only - YaZoogle Web Design, will design a New Site Design with the Existing Website Content and Number of Pages intact ( We Copy and paste the exiting text and images etc to new pages ) : Onsite visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

2.2.1 If thereafter, the content of the website is then changed.... either by 1) new text , 2) new images, 3) new flash 4) And other content not presented on the existing website - then there will be additional fees for such new changes ordered which will then be added to the Final Invoice.

2.3 website content and copy right

2.3.1 Original Website Content
The website content you supply to YaZoogle for your website must adhere to all website copyright infringement laws. It is solely your responsibility to supply true and original web content - we will not be held responsible if the content supplied by you is not original. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against Yazoogle.

2.3.2 Web Content from 3rd parties - any website content supplied to YaZoogle such as, graphic images, drawings, photographs, Text, logos, Flash, Movie files, Audio files, Website Content from another website , must have a written letter or e-mail from the originators giving you permission to use on your website. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against Yazoogle.

2.4 Before work Starts: a) The client must agree to the' Quote' issued to them by YaZoogle based on the information supplied by them of what content they require on their website ... this is done by filling in a ' online work agreement ' form (this link will be sent to the client by e-mail along with this Quote ) and b) A 30% deposit will have to be paid up front based on the agreed Quote.

2.5 Additional Design fees:YaZoogle will create up to two designs for the Website structure and design Fee Quoted however, any design after this, will require an hourly fee of $75 until the design is agreed upon by the client.

2.6 Additional Content fees: CONTENT CHANGES ( applies to New and Existing Websites )

The Content is supplied by you, the client, for individual web pages - ie either we are instructed to copy and paste the content from your EXISTING Website or it is supplied by e-mail/CD Rom etc for the NEW Website.

This content is then added to the said web page eg Product Page and uploaded to the YaZoogle Temp Client Folder for viewing.

After this, if any page content is then changed by the client - there will be additional charges based on an hourly rate of $75/hr. It is therefore better to provide all website content correctly once, as not to impose any additional charges for repeating the said work ordered.

2.7 Quote: From this first discussion/meeting, a Quote will be issued to you by

a) If you then decide that you do not want some of the items mentioned on this Quote, you will notify YaZoogle of these and a Amended Quote will be sent to you.

b) If any additional items are required not mentioned on the Quote thereafter - there will be additional fees charged.

2.8 Temporary Hosting Site: The proposed website will be designed and uploaded to a Temporary Holding Site for you to view and comment on.

2.9 Payment must be made in full before website goes live: When both parties agree that the Website is completed and full payment is made to YaZoogle as issued in the Final Invoice and will also include any new work assigned from original Quote ( if issued) it will then be uploaded to the Hosting Bay of your Choice and made Live.

2.9.1 Website suspension for non payment : YaZoogle has the right to suspend the website completely off its hosting - if any Invoices issued are not paid in full.

2.10 Website Changes by Third Party - FTP DOWNLOAD or FTP UPLOADS: If in the course of designing your website and/or after the website is completed and uploaded to the nominated hosting account and you or a third party ( eg marketing company ) tampers with the website structure and/or design and corrupts the website as a result , we bare no responsibility to the website error. IF you then require for us to load the website back to its original format from our hard-copy in-house , there will also be a $150 fee for re-instating the website back to its original format.

2.11 IT Support: setting up your e-mail accounts, or other computer work not associated with the website. There will not be any hands on computer assistance. This may lead to future problems with responsibility, tort and or blame if the data from your computer is lost.

2.12 Marketing Your Website YaZoogle not responsible for marketing your web site after it is completed and uploaded to the Hosting of your choice. ( This is a additional fee if marketing is required )

2.13 Loss of Customer sales YaZoogle is not be responsible for any loss of customers or sales if the web site has either been removed for any reason. You will not hold YaZoogle responsible for any type of financial loss. Once your site is registered for hosting and domain name and uploaded...Your site is effectively working.

2.14 Payment Plans YaZoogle does not offer payment plans.

2.15 Right to Terminate Either party may terminate your participation without cause by not less than 7 days. Refunds will be issued after payment for work NOT completed.

2.16 NO Refunds Apply : After your web site is completed and loaded on the Hosting of your choice (FTP Upload., burn on DISC, files copied) NO REFUNDS apply

2.17 Pricing changes YaZoogle can change the pricing at any time for future work not already quoted .YaZoogle will notify you in writing of any change to the Service Charge or the Additional Charge for your Service at a reasonable time before those changes come into effect or only after the all work has been completed for any quote issued.

2.19 Charge of Service:YaZoogle will send you an invoice in advance for the Service Charged. You must pay the Service Chargedimmediately.

2.20 Dishonored Cheque: If your cheque is dishonored, YaZoogle will notify you. You must pay that amount, together with any additional fee which YaZoogle has incurred as a result of your cheque being dishonored, to Yazoogle by money order or direct transfer to our bank account.

2.21 late payment fees: We will charge late payment fees, not to exceed the maximum amount permitted by law and You agree to pay any reasonable attorney's fees and costs that YaZoogle and our agents incur in collecting any unpaid amount.

2.22 Change of Charges: We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already paid for.

2.23 Call out Onsite fees: There is a $75.00/ hr fee for any Onsite Work such as any work/discussions about your website and $35/hr travel time

3.0 DOMAIN REGISTRATION

3.1 Registrant Obligations

Throughout the Term of the Registrant Agreement with YaZoogle , the Registrant must

By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name

Give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.

Must not, directly or indirectly, through registration or use of its Domain Name or otherwise.

*Register a Domain Name for the purpose of selling it;

*Register a Domain Name for the purpose of diverting trade from another business or web site;

*Deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill.

*Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.

The Registrant must not in any way:

* transfer or purport to transfer a proprietary right in any domain name registration;
* grant or purport to grant a registered domain name as security,
* encumber or purport to encumber a domain name registration.

YaZoogle does not represent or warrant the availability or registrability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against YaZoogle if a domain name cannot be registered.

Any act or commission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by YaZoogle occurs at the sole risk of the Customer.

YaZoogle will not at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name.

Any disputes arising must be resolved between the parties involved

In the event of a dispute, YaZoogle will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:

(a) withhold or suspend a domain name; and or
(b) make written representations it deems fit to the Registry

3.2 Customer Domain Registration/Ownership We cannot guarantee that any URL's and/or domain names you request for your Web site will be available for your use. In the event that none of your requested URL's are available, we will contact you and request alternatives. In cases where the customer owns their own domain the Customer grants us permission to transfer their domain from existing registrar to another for the management of the domain while we host the Web site or Web site products.

3.3 Domain Registration - Domain Misspells - no liability or refunds

When your Domain Name has been submitted for Registration, a Domain Registration confirmation e-mail will be sent to you by Yazoogle with the domain order details being processed.

Please check for errors

If you do not respond to this e-mail pertaining to any errors within 24 hours regarding

a) domain name being incorrect
b) the registrant names being incorrect

then Yazoogle cannot be held liable for the incorrect domain order going through. Please check carefully that the order is correct.

3.4 Domain Payment and Registration : All successful online domain payments are processed immediately. An e-mail will be sent to you to confirm your Domain Registration, you then have 24 hours to respond to any domain misspells or registrant errors. Please check your e-mail to confirm the Domain order is correct.
All offline Domain payments - If you submit an offline Domain Application registration Form, we will issue an Invoice and payment must be made within 7 days after Invoices are received by you. Domain Names cannot be registered until payment has cleared in the bank. An e-mail will be sent to you to confirm your Domain Registration, you then have 24 hours to respond to any domain misspells or registrant errors. Please check your e-mail to confirm the Domain order is correct.

3.5 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

4.0 WEBSITE MARKETING - Engage SEO Services with YaZoogle

4.1 Responsibility: You agree that YaZoogle is soley responsible for Ranking your website.

4.2. Top 30 Ranking: We aim to get your website into the TOP 1 -30 of Major Search Engines using specific search key words on the following major searcch engines - Google -Yahoo - MSN - Lycos within a 6 month time-frame.

4.3 REREFUNDS: If you do not reach 1 - 30 after this time frame we will refund you 50% of the fees paid to us.

4.4 Website Traffic and Sales: We cannot be held liable for any loss of sales from poor website traffic.

4.5 Client self-marketing: You must agree that you will NOT submit your website to any Search Engines yourself. If YaZoogle finds that you have done so then:

a) The Top 30 SEO ranking will be held null and void
b) We will not be held responsible for your website address that will/may appear on undesirable websites as a result of this self-marketing.
c) We will not be held responsible for any loss of business sales or legal actions taken against your website or us for such links appearing.

4.6 No Guarantees Top 10 Positioning: there are no guarantees that SEO will automatically give your website a Top 10 position in the website rankings.

4.7 Terminataion of SEO - you agree that, if at any time you the client, cancels your SEO relationship with YaZoogle, the SEO source codes shall remain the property of YaZoogle and will be removed from the website immediately.

5.0 E-COMMERCE (Self Admin Package)
5.1 Licence: This e-commerce Shopping Cart Service is licensed for the life-time registration of one nominated domain name with the said shopping cart being uploaded to Yazoogle's own hosting server provider only.

5.2 Fees The client will pay a 1) set up fee and 2) yearly Hosting /Domain fee for the use of this This e-commerce Shopping Cart Service being provided by YaZoogle and accessed through our servers for one nominated domain name.

5.3 Domain Name: This e-commerce Shopping Cart Service cannot be transferred to another Domain Name.

5.4 Hosting: This e-commerce Shopping Cart Service cannot be transferred to another Hosting server.

5.5 On Time yearly payments: Yearly Domain and Hosting Fees MUST be paid on time: It is VERY important that you agree that you do not let your Domain Name and Hosting FEES lapse when they are due yearly as the e-commerce service will be deleted. This means all products uploaded by you on the back end self admin will be lost.

5.5.6 NOT responsible for Loss of Income: YaZoogle cannot be responsible or liable as a result of the E commerce Service being suspended for

any loss of sales
any loss income
any loss of new start-up costs
any loss of the time taken to upload the original products again

5.7 Termination of service: If the client terminates their agreement with YaZoogle to provide the shopping cart service. 50% of the setup feeshall be paid to the client along with the remaining yearly hosting fees paid to date for the shopping cart service.

6.0 PAYMENT REQUIREMENTS:

6.1 Payments. All payments must be made in full after Invoices are issued- ( max 10 days) - a late payment fee will occur thereafter if payment is not received by this time.

6.1.2 If payment is late or not paid: Yazoogle has the right to A) Remove a Live website from its hosting in its entirety ( effectively switching it off from any web users ) and b) for those Websites waiting to Go Live please refer

6.2 Domain Registration payment: Domain name(s) registered by us on Client's behalf are registered in your name and ownership of such domain belongs to you, provided the appropriate registration or renewal fees are paid when due. You grant us permission to administer the domain name(s) on your behalf. The administration fee/service is included in the domain registration/renewal pricing schedule.

6.2.1 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

6.3 Refunds will be allowed for work not done ( all work Completed will have a fee based on your Quote )

6.4 Changing DNS assigned IP Numbers to a Domain Name not purchased by Yazoogle If YaZoogle has to contact your hosting company/ or ISP server to re-assign DNS numbers a $50.00 FEE will apply.

7.0 INDEMNITY:

7.1. You acknowledge that YaZoogle has no control over: the availability, content and accuracy of information and material on the Internet; or material or content viewed, downloaded or stored by any person using your Web site.

7.2. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising out of the availability and content of information and material on your web site

7.3 Third Party Action: Any alleged Third Party action that is brought against Yazoogle in relation to any/all content pertaining to your website loaded onto your hosting of choice including, website Domain name - website logo - website images - website written content supplied to us for use on your website - you agree to be held accountable to all our legal fees incurred by YaZoogle in defense of these actions/torts brought against us by a third party if they deem the content of the website is unfit.

7.4. You acknowledge not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities liability in any way over any Domain names being registered with Incorrect Spelling or Incorrect Registrant Details. It is the customers responsibility to carefully check for any errors and report them within 24 hours of receiving the Final e-mail confirmation of Registered Domain from YaZoggle. If you fail to to report an error, we cannot be held responsible for Domain Registration not being altered within this time-frame.

7.5. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising from the temporary suspension of the website (refer 5.1) for non payment of invoices.

7.6.You agree to indemnity and not to hold YaZoogle liable for any loss of sales from from the temporary suspension of the website (refer 5.1) for non payment of invoices.

8.0 AGREEMENT

8.1 If you do not agree to these terms and conditions YaZoogle will have to cease their services with you.

8.2 Changes are allowed in this contract only if YaZoogle puts forth in writing.

 

Thank you for joining the YaZoogle Team

Joanne Smith
Web Admin
www.yazoogle.com.au

NB* By reading our Terms and Conditions, these are now binding.
You have been made aware of these for any future and pending work by YaZoogle