Terms and Conditions

These are the entire terms and conditions for 629678557 PTY LTD (ACN 629678557) trading under the registered business name Designer Frenzy Website & Graphic Design (ABN:14629678557). 
When selecting and paying for one of our packages you (the client) are accepting this forms a contract with Designer Frenzy Website & Graphic Design (business details as above) and is in accordance with the following terms and conditions.   For ease of reading the business name will be shortened to ‘Designer Frenzy’ throughout these terms and conditions. 

GENERAL

1. Full payment in advance is required for all website packages, logo designs, hosting deals, domain names and graphic art.   The  date of the contract begins from the receipt of payment.  An order (pre-payment) is considered an expression of interest until payment is received. 
2.  If, through no fault of our own, your payment is reclaimed as fraudulent by a bank, credit card agency, or Stripe (our credit/debit card processor), we reserve the right to terminate the contract and cease all work. Access to our services will cease immediately. In the case of our professional website design/graphic art and logo services you will be invoiced for work already completed plus a 20% termination fee. 
 3.  We reserve the right to refuse service, and to terminate existing services,  for any entity we feel will misuse our services, or who have malicious or fraudulent intent.  Including, but not limited to; disruptive behaviour, pornographic material, fraudulent material, offensive products or images, spamming or other illegal activity not mentioned here.  
4.  At this point Designer Frenzy provides services and products to Australian residents only.  Any purchases that don’t meet this criteria will be refunded in full, and the order cancelled.   
5.  All prices are in Australian dollars.  Payment is to be made in Australian dollars.

PROFESSIONAL WEBSITE DESIGN SERVICE & LOGOS

1.  When purchasing a website package, the purchase price represents the entirety of the cost.  All items listed are included (limitations apply to certain website elements.  These are further discussed in point 9.   Extras (anything not mentioned under the website package heading) are not included in the buy-now price and will incur further cost. Designer Frenzy can provide a quote upon request.   
    1.1   Domain names are not included in the cost of the website package
2.  On securing our services via payment, any website/graphic art/logo design you have purchased is 100% your own.    Once our work is completed we will not be held responsible for any subsequent alterations  that result in it no longer operating, or appearing as it should, unless those alterations were performed by us, as per a prior agreement with you, the client.   Designer Frenzy will not be held responsible, nor accountable, for any malicious activity be it through hacking, fraud or any other criminal means on your website.
3. All websites packages are to be hosted by us as per our ’12 months free hosting’ deal. Upon completion of this, the price will be $2 per month x 12 months ($24) to be charged annually.  Price is subject to change – if the price changes you will be informed before your next annual subscription.  You  are free to terminate our services at any point and host elsewhere.   If you choose to host elsewhere no refunds on subscriptions already paid will be given.  On termination of our services all files and/or databases are passed on to you, the client. Designer Frenzy will not retain copies nor be responsible for any aspect of the files and database/s at any level, after they have been passed on to you.
4.  We aim to complete websites within a 2-4 week frame work, subject to the following clause: 
       4.1 Websites can not be completed until the client supplies content. Any delay supplying content will result in extensions to the end date, as deemed necessary by us. We reserve the right to extend the date, as needed, in this case.
5. If you request to terminate the contract prior to completion of the website, you will be charged for the work already completed and a 20% termination fee. The remainder will be refunded as a credit card/debit card reversal (via payment provider Stripe) or if paid via bank deposit it will be deposited into an account of your choosing, to be given to Designer Frenzy  in writing.
6.  As we are a design service a considerable level of autonomy is rightfully due,  however we also endeavour to fulfil your vision.  To that end, after purchase we will ask you about the look you require and colour preferences.  You are expected to state any special needs prior to work commencing – including, but not limited to; slideshows, galleries and any other media you wish to include on your website.  Good quality, royalty-free stock photos can often be supplied free of charge, unless they are specialised images.  Change of mind (particularly with regard to major features), after work has commenced may incur extra charges.  Logos are limited to two revisions within the quoted price. 
7. Websites that are functioning as intended, within the parameters of the chosen package, will be deemed complete. 
8. We always endeavour to create a website, logo, or piece of graphic art you will be happy with.   Revisions can be requested, within the parameters of the package, and these terms and conditions. 
9.  Size limits: Web pages are counted based on the assumption they are an average length.  Extra long pages that require considerable scrolling will count as two or more pages, depending on the size.   For example – if a single page contains double the average content  it will be considered ‘two pages’ under the website package deal.   Galleries/slideshows/ and other methods of displaying photographs are limited to twenty photographs.

HOSTING SERVICE WITH DO IT YOURSELF WEBSITE DESIGN

Designer Frenzy provides  hosting services to you – the Customer – under the Terms and Conditions stated in this Service Agreement. The Agreement is intended to to protect both parties from liability (Designer Frenzy and you, the customer).   Designer Frenzy and the customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.

Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.

HOSTING SERVICE

  1. A web hosting service gives you the opportunity to host your own web sites and store information, images, video, or other content accessible via the World Wide Web.

    SERVICE FEATURES
  • Disk Space – We hire a clustered storage technology from a leading global industry provider.  This ensures that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines, resulting in better performance and higher server reliability.  
  • Traffic – Each hosting plan includes prepaid bandwidth (traffic quota)  If your plan doesn’t have enough you can switch plans at any point by contacting us.  We reserve the right to suspend accounts that are using more than their allotted quota.
  • Hosted Domains – If you have purchased your domain through Designer Frenzy we will already have your servers pointing in the right direction (to our hosting).  If your domain is purchased elsewhere our hosting will not be able to operate until you (the domain owner) has updated the nameservers. Information on nameservers are given in your hosting order confirmation email.
  • E-mail accounts – A generous email quota is given with each plan.  If you require more you may upgrade your plan at any point by contacting us.  Fees will apply. You will have a choice of online email services to use after you have purchased hosting from us.  These are third party services and your usage will be in accordance with their own terms and conditions.
  • MySQL Databases – MySQL databases are included in all our web hosting plans.  If you require more you may upgrade your plan at any time by contacting us. Fees will apply.
  • Database Storage –   If database storage is not kept clean, subsequently allowing it to grow too large and affect server performance we reserve the right to limit service until the SQL database has been reduced.  You will be contacted prior to this happening. The average database size is easily kept within the required boundaries.

Optional Features:

  • Dedicated IP Address – Dedicated IP addresses are available for purchase by contacting us.  By default all plans come with a shared ip address.
  • NB: Please note that according to IANA – the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.

 Hosting plan payments

  1. Designer Frenzy will charge customers based on the fee at the time of the sign up process.  Subsequent upgrades are the customers choice.
  2. Designer Frenzy reserves the right to change our package pricing.  This will not affect any user’s current plan.
  3. When signing up for an account the customer agrees to pay for the period of one year (365 days).    Payment is made securely online via Stripe (their own terms and conditions apply) or bank deposit.

    SERVICE GUARANTEES

    Designer Frenzy  guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

    1. Server Hardware Breakdown;
    2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down,  Designer Frenzy is not responsible for the downtime);
    3. Failure due to software that is not explicitly supported by Designer Frenzy.  If this results in a hardware crash Designer Frenzy is beyond the control and responsibility for the resulting downtime.

    ACCOUNT/DATA BACKUP:

    Our backup service is provided as a courtesy to you, and, therefore, Designer Frenzy  will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers.

    General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account’s disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached – the backup script will no longer back up any of your files.

    Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server’s resources to be backed up.

    SERVICE ACTIVATION AND CONTINUANCE TIMESCALES

    Designer Frenzy  provides web hosting services to individuals and companies.  Before service activation we manually check the order and payment to ensure no fraudulent activity has occurred or is intended.  Fraudulent activity immediately renders the order invalid, resulting in a refund and/or reporting to the appropriate law enforcement agency.

    Upon verification of your credentials we will activate your service and send you an email with your login details.   This process may take up to 24hours.

DO IT YOURSELF WEBSITE DESIGN

We are always ready to help, so if you have trouble installing scripts please  contact us.

1. By accepting and purchasing a do it yourself hosting/website package, you are agreeing that you (the customer) have the necessary skills to use the associated control panel and software / scripts to build a website.  Designer Frenzy will not be held responsible for errors or problems caused through lack of knowledge and/or misuse. The scripts we use are well known and globally recognised – help can easily be found via the scripts own help files/support forum.  

2. The Do-it-yourself hosting service uses third party, easy click installation scripts.  The usage of these is contingent on the third party providers terms and conditions. We will not perform custom work or upgrade to a recent version on already existing scripts. After any script is activated and operational any further tweaking and setup is done by the client.  

3. We don’t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended. 

4. You are responsible for your own website.  Designer Frenzy will not be held responsible for any work that results in your site no longer operating, or appearing as it should, unless those alterations were performed by us, as per a prior agreement with you, the client.   Designer Frenzy will not be held responsible, nor accountable, for any malicious activity be it through hacking, fraud or any other criminal means on your website. 

DOMAIN NAMES

Please find the full terms and conditions surrounding Domain name purchase and legislation here

PRIVACY POLICY

629 678 557 PTY LTD (trading as) Designer Frenzy Website & Graphic Design – for ease of reading this will be shortened to Designer Frenzy throughout the following policy. 

1. We Respect Your Privacy.

1.1 Designer Frenzy respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.

1.2 “Personal information” is information we hold which is identifiable as being about
you

2. Collection of personal information

2.1  Designer Frenzy will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms. 

2.2 You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order.  We may collect additional information at other times, including, but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preferences, respond to promotions, provide financial or credit card information, or communicate with our customer support. 

2.3 Credit card details are not seen by Designer Frenzy, nor stored on our site, except what is required to identify individual customer payments.  These are all processed securely through trusted payment provider Stripe and your own banking provider.

2.4 Additionally we may also collect any other information you provide while interacting with us, for the purpose of providing and completing an order to your satisfaction and to fulfil our legal obligations.

3. How we collect your personal information.

3.1 Designer Frenzy collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties.  If we do, we will protect it as set out in this Privacy Policy.

4. Use of your personal information.

4.1 Designer Frenzy may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.

4.2 Designer Frenzy may contact you by a variety of measures including, but not limited to telephone, email, sms or mail. 

5 Disclosure of your personal information.

5.1 We may disclose your personal information to any of our employees, officers, insures, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy. Personal information is only supplied to a third party when it is required for the delivery of our services.

5.2 We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.

5.3 We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Designer Frenzy, www.designerfrenzy.com, its customers or third parties. 

5.4 Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.  These may include, but are not limited to USA, UK & NZ.  Designer Frenzy does not trade, advertise in or deliberately collect data from any countries within the EU. 

5.5 If there is a change of control in our business or a sale or transfer of business
assets, we reserve the right to transfer to the extent permissible at law our user
databases, together with any personal information and non-personal information
contained in those databases. This information may be disclosed to a potential
purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.

5.6 By providing us with personal information, you consent to the terms of this
Privacy Policy and the types of disclosure covered by this Policy. Where we
disclose your personal information to third parties, we will request that the third
party follow this Policy regarding handling your personal information.

6. Security of your personal information

6.1 Designer Frenzy s
committed to ensuring that the information you provide to us is secure. In order
to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised
access, modification and disclosure.  

6.2 The transmission and exchange of information is carried out at your own risk.
We cannot guarantee the security of any information that you transmit to us, or
receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy
Policy.  Additionally, we can not be held responsible for any information sent or subsequently stored via a third party service. 

7. Access to your personal information.

7.1 You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small
administrative fee may be payable for the provision of information. If you would
like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at support@designerfrenzy.com.

7.2 We reserve the right to refuse to provide you with information that we hold about
you, in certain circumstances set out in the Privacy Act.

8 Complaints about privacy

8.1 If you have any complaints about our privacy practices, please feel free to send
in details of your complaints to Designer Frenzy PO Box 787, Kyogle, New South
Wales, 2474. We take complaints very seriously and will respond shortly after
receiving written notice of your complaint.

9. Changes to Privacy Policy

9.1 Please be aware that we may change this Privacy Policy in the future. We may
modify this Policy at any time, in our sole discretion and all modifications will be
effective immediately upon our posting of the modifications on our website or
notice board. Please check back from time to time to review our Privacy Policy.

10. Website

10.1 When you visit our website
When you come to our website (www.designerfrenzy.com) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site (the ‘referral link’ for example: google.com), etc. This information is used in an aggregated manner to analyse how people use our site, such that we can
improve our service.

10.2 Cookies
We may from time to time use cookies on our website. Cookies are very small
files which a website uses to identify you when you come back to the site and to
store details about your use of the site. Cookies are not malicious programs that
access or damage your computer. Most web browsers automatically accept
cookies but you can choose to reject cookies by changing your browser settings.
However, this may prevent you from taking full advantage of our website. Our
website may from time to time use cookies to analyses website traffic and help
us provide a better website visitor experience. In addition, cookies may be used
to serve relevant ads to website visitors through third party services such as
Google Adwords. These ads may appear on this website or other websites you
visit.

10.3 Third party sites
Our site may from time to time have links to other websites not owned or
controlled by us. These links are meant for your convenience only. Links to third
party websites do not constitute sponsorship or endorsement or approval of
these websites. Please be aware that Designer Frenzy is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when
they leave our website, to read the privacy statements of each and every website
that collects personal identifiable information.

All packages subject to Terms & Conditions

Copyright © 2018 
Designer Frenzy Website & Graphic Design
629 678 557 PTY LTD