Sharp Technologies will hereby be referred to as "we", us", "our". The customer will be referred to as "customer", "you" or "I".
Our acceptable user policy forms part of these terms and conditions, by accepting the terms detailed on this form the customer also accepts our policies on acceptable use of our services. All hosting and email services are supplied by Creative Stream Pty Ltd
and set up by Sharp Technologies
a. Eligibility. Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to children (persons under the age of 18) or to temporarily or indefinitely suspended customers or customer's users. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our services.
b. We are self serve hosting provider . The customer will manage their own account setup using the tools we have provided. We will setup your account after payment has been received & cleared, and our payment partner(s) have screened your order in case of fraud. You may be requested to provide proof of your identity and payment. If paying by credit card, we may require you to fax a copy of the front and back used to make payment before your account is activated. If this information is not provided, we reserve the right to terminate all services on your account without refund. Please provide us with an email address which is not at the domain you are signing up under.
c. Only the authorised person listed on the account, entered at signup will have access to the account, and they will be referred to as the 'primary account holder'. The primary account holder will be issued with a username and password which is required to access the hosting service Control Panel. Requests received from your account once logged in, will be deemed to have come from the primary account holder. Please ensure you never give out your login details to anyone. Sharp Technologies may also verify your identity by asking security questions, as required by the privacy laws in Australia . The client agrees to provide this information before assistance can be provided to them. The primary account holder also agrees to keep their contact information up to date at all times.
e. If you wish to change the legal ownership of a whole account (and all products and services under it) there is a $55 charge for the administration work involved. To facilitate the transfer, the primary account holder needs to fax Sharp Technologies a signed letter which includes their full name, email address, full address, date of birth, domain name and/or products listed on their account, along with the new registrant details: Full name, full address, email address, date of birth. Please allow 5 working days for a transfer of legal ownership on the account. Changing the legal ownership of an account does not include updating the legal registrant information for an .au domain name. It is not possible to assign individual products and services to new accounts. If this is required, the old products and services must be cancelled and reopened on a new account.
f. If you exceed the predefined limits of your hosting package, and utilise extra resources that have not been paid or do not form part of your plan, we reserve the right to charge for the extra resources used from the initial date of usage until the present day.
a. As the 'primary account holder', it is your responsibility to ensure your web site(s) do not breach our terms and conditions or interfere with the server functions for other users.
b. Sharp Technologies is not responsible for, nor endorses the content hosted by or activities performed by you whilst using our services or by any sites you host.
c. Sharp Technologies provisions our web site builders and other related software to clients to allow them to create and publish web sites. The client agrees the web site and material they design and publish, will not breach our terms and conditions and they are the sole publisher and author of their web site.
d. From time to time, a client that experiences difficulties in publishing their web site or troubleshooting technical problems may request we publish their web site or modify their web site on their behalf. Sharp Technologies is this instance does not become the web site publisher and/or author and is making these changes by instruction of the Primary Account holder.
e. Sharp Technologies does not offer free domain names for testing or any other use. You must purchase your own domain names to use with your web hosting package(s).
a. All products and services provided by Sharp Technologies may only be used for lawful purposes. This includes, but not limited to copyrighted material, or material we judge to be threatening, obscene and pornography. We do not allow pornographic sites. The customer agrees not to host such material.
b. The customer agrees to indemnify, defend and hold harmless Sharp Technologies from any claims resulting from the use of our products or services in any shape or form. Sharp Technologies does not endorse any web site content hosted on our network and the content remains the property of the web site owner. If you wish to lodge a complaint against a web site, please email admin@sharptechnologies.com.au
c. Examples of unacceptable material:
d. If your web site is suspended and/or hosts any of the unacceptable material (above), we reserve the right to charge a cleanup fee for the administration time involved to attend to your account / server and update you on the issue at the standard rate of $55 per hour (minimum 1 hour). You will be responsible to resolve the issue and rectify the issue after we inform you of the breach.
a. Users may not initiate the following:
a. We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double option" will be treated as spam. We reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. We also reserve the right to make any such modifications that are urgent at our sole discretion.
b. We reserve the right to charge the customer of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of us, calculated by the number of messages sent, administration time and removal of spam blocks from external networks.
a. The backup function in your control panel uses high server resources and may cause the server to become less responsive, affecting the web site performance for other users. You agree to only perform backups of your site (databases, web space, etc) using the backup function in your hosting control panel between the off peak hours (Offpeak is classified between 11.30pm Australian Eastern Standard Time and 7am Australian Eastern Standard Time). Using the backup function outside of these times may result in your account being suspended.
b. Your use of our products and services 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 at all times.
c. We are not liable for any data loss due to server failure, any other failure whatsoever, or unforeseable corruption of programs, hacking, etc. The client should always have a backup or storage of data that is not corrupted and is available to be used if necessary.
d. We provide backup tools in your control panel which will allow you to perform backups of your account when required, or you can always download your web site files from our server for external storage.
a. We may introduce new security measures from time to time to help prevent malicious use and attacks on and to our servers.
b. No shell or remote desktop access will be provided on any shared hosting servers for security reasons for any reason. The hosting control panel provided will in most cases provide a shell alternative to the task you wish to perform. e.g. Administer a MySQL database.
a. The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If you want to cancel your account, you must email admin@sharptechnologies.com.au.
b. Sharp Technologies reserves the right to change the advertised price on products and services and any other charges at anytime. Existing customers will be notified prior to any change in their billing cycle charges.
c. It is your responsibility to ensure your primary email address listed in our billing system is functional and working, so you can receive notifications, payment reminders, suspension notices, etc from the email address:
accounts@sharptechnologies.com.au
(Please ensure you have white listed this email address in your spam filter settings.)
d. All goods and services purchased, for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of us.
e. Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services. If you have made an over payment on your account and require a refund, you will receive a refund, minus a $5.00 administration charge, to cover our bank fees and company administration. We may remove any accounts for which payment has not been received.
f. Sharp Technologies reserves the right to change and refuse payment methods to clients at our sole discretion. If payment is not received 14 days after the invoice due date, we reserve the right to charge a late payment fee of $15.00 and suspend your account.
g. Dishonoured cheques will attract an administration charge of $30.00.
PayPal payments
h. Our system generates and emails you an electronic invoice when your service is due for renewal.
Credit Card payments
i. You understand and agree that you have obtained the credit card owner's permission to use the credit card to purchase our products and services and they are aware, accept and agree that the transaction is taking place on their card.
a. From time to time, we may update our hosting package plans. Customers on previous plan version numbers will be automatically upgraded to the newest version of the plan.
a. We reserve the right to suspend your account if you have an outstanding invoice or account or if your account is in dispute. If your invoice or account remains unpaid, or until the dispute is resolved, we reserve the right to cancel or suspend your entire account(s) and all products and services under it. If you account has been suspended or cancelled, no further support resources will be provided by us in relation to products and services on your account, including domain names, web hosting, ssl certificates until the account has been paid in full.
b. Your information will then be passed onto a collections agency for debt recovery, if for 60 days your account remains unpaid.
c. We reserve the right to suspend your account at any time for breaching our terms and conditions, for initiating in activities which may reduce the security of other web sites on our servers, or where Sharp Technologies has been given misleading or false information regarding the type of web site to be hosted or the customer information provided has been inaccurate or false.
d. We may investigate to recover any outstanding debts.
a. Microsoft Frontpage 98 extensions are not supported by our systems, as Microsoft has removed support for this version of frontpage. Frontpage Extensions 2000+ are supported.
a. Sharp Technologies reserves the right to cancel your account at any time. If your account has been terminated or suspended for breaching our terms and conditions, non-payment or where a formal complaint is received, no refunds will be given.
b. Any proof of misleading, giving false information, abuse, swearing, extortion, harassment, improper conduct, attempting to damage relations reputation or goodwill of Sharp Technologies or attempting to damage relations of its employees, third party providers, wholesaler providers will lead to automatic cancellation of your account without refund. Your agree you will not damage relations, reputation or goodwill with Sharp Technologies current, future and prospective clients. This can be by email, live chat, forums, web sites, telephone and may include threatening, attempting to damage business relations or reputation, providing incorrect information, extortion, harassment, improper conduct, abuse, swearing, publishing and distribution of any communication between you, employees, third party providers or wholesaler providers, or other unlawful activities. We also reserve the right to seek and claim damages and losses.
c. How to cancel your account : To cancel your account or products and services on your account, please login to My Account (found in the top menubar of our homepage) and submit a ticket to the "Service Removal" department. We require you fill out this form per our terms and conditions. Other requests to cancel your account are not considered official and you will be redirected to the cancellation form to finalise your cancellation request. Please ensure your account is paid in full, otherwise the cancellation will not be successful. You must provide a minimum of 7 days notice prior to your product/service renewal date if you do not wish your product/service to renew.
e. Once you have cancelled your account, no further support resources will be provided by our staff in relation to products and services on your account, including domain names, web hosting, ssl, etc. We will not engage, discuss or alter your account in any way once your account has been cancelled.
f. No refunds or credit will be given if you cancel your account or downgrade to a lower package. If you downgrade to a lower package a $15.00 charge applies.
g. Hosting and account add-ons are non-refundable.
h. If you have cancelled your hosting account with Sharp Technologies and would like to reactivate your account, a $22.00 administration fee will apply to cover the admin time involved in recreating your account and update our billing system.
i. If your account remains unpaid for a period of 30 days or more, we reserve the right to terminate your account.
a. It is your responsibility to upgrade your account and monitor your account usage.
b. You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount you will be required to upgrade to the next level plan of bandwidth usage and/or disk space for increased limits. It is the customer's responsibility to ensure they do not exceed their assigned limits.
c. Our system will automatically suspend your account if you exceed all of your allocated resources. We reserve the right to suspend the account until the start of the next allocation or until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages.
d. Unused transfer in one month cannot be carried over to the next month.
a. We reserve the right to change prices listed on Sharp Technologies, and the right to increase the amount of resources given to plans. Customers will be notified by email before any price changes are implemented to their account. It is your responsibility to ensure your email address listed in our billing system is functional and working and can accept email from us.
a. Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sharp Technologies; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights, legal and/or civil rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Sharp Technologies server. Sharp Technologies does not guarantee uptime.
By accessing any web site hosted on our network or servers, you understand, agree and are bound by this indemnification.
a. Sharp Technologies will not be responsible for any damages your business may suffer. Sharp Technologies makes no warranties of any kind, expressed or implied for services we provide, nor do we guarantee your web site or applications will work error free on our servers or guarantee uptime or service availability. Sharp Technologies disclaims any warranty or merchantability or fitness for a particular purpose. This includes, but is not limited to loss of data resulting from delays, software incompatibility, server or software issues, outages, no deliveries, wrong delivery, and any and all service interruptions caused by Sharp Technologies and its employees.
a. Sharp Technologies reserves the right to revise its policies from time to time without notice to you. By continued use of our services, you agree to and are bound by the updated terms and conditions, that can be accessed on our web site at any time.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Australia and the State of Victoria , as if the Agreement was a contract wholly entered into and wholly performed within the State of Victoria . You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the Australian Court for the South Eastern district of Victoria, or if there is no jurisdiction in such court, then in a state court in Melbourne, Victoria. You consent to the personal and subject matter jurisdiction of any state or Federal court in Melbourne , Victoria in relation to any dispute arising under this Agreement. You agree that service of process on you by either the Primary Service Provider or Backend Service Provider in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
Sharp Technologies, agrees to provide all the services outlined in the estimate/proposal within the criteria specified.
Should the client enter into business with Sharp Technologies, whether it be for design, manufacturing or development, they do so knowing that they are to pay for the work done. This fee is not subject to approval of the work done but for the time, services and materials involved.
Please note: Any graphic work built for digital display (i.e web / powerpoint or cd rom) may not be suitable for high resolution printed material and may need to be recreated if required. If the client plans to use the graphic elements for printed items (such as a brochure) please inform Sharp Technologies in writing prior to production. This will avoid retakes.
If text is to be inserted within the design by Sharp Technologies, it is expected that the client provide all finished text, otherwise a writer will need to be additionally hired.
Sharp Technologies will keep the client informed of additional services that are required and obtain the clients approval for any services that cause the total fees to exceed those outlined in the quotation.
During development you will have an opportunity to make one revision to one logo for the purpose of selecting one logo to own. (Unless otherwise specified on our estimate). Extra revisions and authors corrections will be charged at an hourly rate of fifty five dollars. Charges are calculated in thirty minute blocks and will be added to the bill as extras or a quote will be provided should the client request one. Should the client wish to purchase all the logos presented, the designer will provide a separately negotiated tax invoice for the extra logos.
The designer will do their best to meet agreed timelines. Schedules will be based around the client's needs and the designer's written instruction and agreed by both the client and Sharp Technologies prior to work commencing. Occasionally projects become more complex and the timing can be delayed. If the client asks for work to be produced outside Sharp Technologies normal business hours, (i.e. inside 8.00am and outside 5.00pm on a week day) time and a half rates apply.
Should the following occur during the project, the schedules and fees may vary;
In the above cases the original timeline is void and new timelines will need to be agreed upon in writing.
All briefs and instructions from the client are to be provided in writing. They will include any mandatory information that will appear within the project such as; colour preference (if any), client contact details, date required, main target audience, project objective, the name of the person making the final approval decision.
To avoid any miscommunication regarding the requirements and specs for the project(s), all briefs must be approved by all members of the client approval team before being passed on to Sharp Technologies.
The process of design and development involves several stages. Each stage and each task in a stage needs to be approved in writing prior to commencing the next stage of development. It is the responsibility of the client to provide written approvals once tasks have been completed. It is the responsibility of the client to make known their availability for approvals throughout the project. The client will make time to approve and assist with approvals in the last days of the project. The approvals will be in accordance with the written brief. If there are changes to the brief, it is the client's responsibility to provide those changes in writing.
If the Client has requirements for how the project is to be prepared electronically, the Client must communicate this to Sharp Technologies before the project begins.
Sharp Technologies accepts no liability responsibility with regard to the reproduction copyright or ownership, loss or damage associated with image(s) provided to Sharp Technologies by the client or client representative.
With regard to digital files; a release fee of $99 per CD Rom archive will apply if the client requires a copy on disk.
Before making digital files ready for printing or display, it is important that the design is at near creative completion. The client will have an opportunity to make minor edits to a concept layout however text revisions will be charged at $55 (including 10% GST) per hour and added to the final bill.
The client should be clear on which member of their own approval team will make the final decision on any creative work presented. A single client representative will be assigned to give instructions to Sharp Technologies and a single Sharp Technologies representative will be appointed.
Text revisions will be charged at $55 (including 10% GST) per hour and added to the final bill.
The client can avoid multiple text revisions and speed up production by providing an already proof read word document. All final proof reading is to be done by the client.
The signature of the client's representative shall be conclusive as to the approval of any artwork, drawings, text and other items prior to their release for their usage or installation.
Upon full payment, Sharp Technologies provides the client with full ownership of their logo and full ownership of the layout, illustration and typography of documents that Sharp Technologies has created.
Software is defined as any digital file that has buttons which allow either navigation or interactivity. Should the client wish to own any developed software outright, they should plan to negotiate a fee for distribution rights or ownership prior to the project beginning.
If the client wishes to use commissioned pictures created by Sharp Technologies for other projects with other designers they can. At that time the small 'Designed by Sharp Technologies ' credit line will need to be removed from the artwork if it appears at all. In items such as Stationery items, it does not appear.
Where commissioned third party artists or photographers are involved, the client and Sharp Technologies are both bound to the third parties conditions.
Sharp Technologies will always have the right to publish any artwork created for the client for our own self promotion of our design services. Example: Still image of graphic on our portfolio web site.
Sharp Technologies shall use our best efforts to work within stated budgets but shall not be liable if such client approved expenses exceed budgets. Any budget figures or estimates for reimbursable expenses or implementation charges, such as out-of-pocket expenses, text writing, web hosting, domain registration, photography, software development or installation are for planning purposes only. Where possible, no expenses in excess of the estimate or budget will be incurred without the Client's written or initialed approval in advance.
The client will reimburse Sharp Technologies for all out-of-pocket expenses incurred by Sharp Technologies on this project. Upon the Client's request at the start of the project, records for out -of-pocket expenses will be retained by Sharp Technologies and if necessary will be available to the Client upon completion of the project.
A flat handling fee for expenses paid by Sharp Technologies on behalf of the client of ten percent will cover transaction costs and administration down time.
Expenses are the responsibility of the client. It is the clients responsibility to decide, based on Sharp Technologies professional advice, what to ultimately spend on the project. No pre approved excess in the implementation fees will be paid for out of Sharp Technologies fee.
Upon approval of this document, the Client will make all payment installments, as scheduled and outlined in our estimate/proposal. Not upon client approval.
If the Client requires any clarification to any estimate or invoice, they will present their request to Sharp Technologies within seven days from receipt of the invoice whether the project is completed or cancelled. Otherwise the estimate/invoice provided by Sharp Technologies will be considered correct and agreed to by the Client.
Sharp Technologies may contract with other individuals or companies acting on behalf of the Client to provide additional services such as writing, photography, illustration, printing and fabrication. The Client agrees to be bound by any terms or conditions, with respect to reproduction of the materials and timelines that may be imposed on Sharp Technologies by these third parties. Should the manufacturing of a project become more complex due to reasons beyond the control of the designer, the designer will not be held responsible for delays in delivery.
Any job may be terminated or placed on hold by the client at any time, if this occurs Sharp Technologies will invoice for the total stage in progress at the minimum estimated fee. All materials already ordered shall be invoiced directly to the client by suppliers if cancellation is not possible.
Sharp Technologies reserves the right to stop dealings with any business or individual that Sharp Technologies wishes for any reason Sharp Technologies sees fit.
This document represents the conditions of business of Sharp Technologies for the purpose of Graphic Design and Digital Design. Sharp Technologies reserves the right to make changes to any or all of these conditions without notice. Sharp Technologies will keep the latest editions on this web site.
The Client and Sharp Technologies represent that they have full power and authority to enter into these conditions of business and that it is binding upon the both Parties and enforceable in accordance with its terms.
These conditions of business will be governed by the law of the state of Victoria in Australia .
The client will provide Sharp Technologies with samples of any and each printed or manufactured design. These samples will represent the highest quality of work produced.
At the designer's discretion, Sharp Technologies will have the right to include a small published credit line on the completed designs or any visual representation. This same credit will be included in any publication of the design by the Client. e.g: Sharp Technologies