Privacy Policy

Terms & Conditions

1. It is the customer’s responsibility to keep Ennovative Web Pty Ltd up to date with their contact details. If the customer fails in this it could result in expiration of services.

2. Ennovative Web Pty Ltd reserves the right to refuse service and/or access to its products and servers to anyone.

3. Ennovative Web Pty Ltd reserves the right to suspend or cancel a customer’s access to any or all services provided by Ennovative Web Pty Ltd when Ennovative Web Pty Ltd decides (at its absolute discretion) that the account has been inappropriately used or otherwise abused.

4. Individual accounts are to be used by the account holder only. Individual account holders are not permitted to sell, resell, store or give away Ennovative Web Pty Ltd services to other parties.

5. All prices quoted are valid for 30 days only from the written quotation.

6. If Ennovative Web Pty Ltd does not receive your design brief within a 6 month period from the date of order and deposit paid your account will be suspended. Reopening your account incurs a $50AUD + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.

7. During the design phase of your project, if you do not sign off your design within a 6 month period, Ennovative Web Pty Ltd reserves the right to suspend your account. Reopening your account incurs a $50AUD + GST admin fee. If your account remains suspended for 6 months your account will be closed completely and all money paid and work ordered will be forfeited.


Cancellations & Refunds

1. All deposits and fees paid are non-refundable after the design brief is returned to Ennovative Web Pty Ltd or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $80AUD+GST admin fee.

2. Once the design work has been signed off prior to the website build all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.

3. The usability, functionality and/or limitations of both the eWeb and eShop content management systems is no reason for not paying the balance of your website. If you require a particular functionality Ennovative Web Pty Ltd provides demos of both CMS programs that you can trial prior to purchase.

4. Fees charged on a prepay basis are non-refundable.

5. If a customer contravenes the Ennovative Web Pty Ltd terms and conditions, Ennovative Web Pty Ltd reserves the right to terminate the service immediately with no refund.

6. If Ennovative Web Pty Ltd is required to employ the services of a debt collector to pursue any overdue balance payment, a $40AUD + GST fee will be passed on to the customer and added to the customers invoice.

7. If the customer’s website has been terminated due to cancellation or expiry, Ennovative Web Pty Ltd can reinstall the website within a 12 month period at a cost of $195AUD + GST providing the client has a backup of the website.

8. All cancellations must be requested in writing. Some services, including eShop website, PPC and SEO, require a signed cancellation form, which can be requested from our administration team. We require 30 days written notice


Website Design & Support

1. You will receive two website design concepts, and a slight variation of each concept by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx. 2-3 is normal.

2. All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.

3. While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of Ennovative Web Pty Ltd.

4. In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however elements of the CMS software will remain on Ennovative Web Pty Ltd servers and you may need to purchase licences to use the CMS (or elements of) on another server. If you have purchased our Eweb 1.0 product, the CMS is not transferable.

5. During the design process Magicdust may purchase Shutterstock images for your site. The images can be used in the design of the website only. Images cannot be used for any other purpose.

6. If a logo has been purchased, this will need to be signed off before the website design is commenced.

7. Support, FAQs and manuals are available free of charge in each user account and on www.Magicdust.com.au to assist customers update their websites.

8. Ennovative Web Pty Ltd eWebs are self-managed and Ennovative Web Pty Ltd is not responsible for any copy, editing or updating of the clients website. Ennovative Web Pty Ltd is under no obligation to do any work on your website unless contracted to do so.

9. Ennovative Web Pty Ltd has a business hours help desk available by phone or email 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.

10. Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. Ennovative Web Pty Ltd will monitor your usage and if Ennovative Web Pty Ltd anticipates that your website may require more bandwidth/disk space your allocation will be increased. Please see website for allocations and prices. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.

11. Although Ennovative Web Pty Ltd monitors the bandwidth/disk space usage of the website, Ennovative Web Pty Ltd does not take responsibility for any website going offline due to exceeding bandwidth or disk space.

12. On all Ennovative Web Pty Ltd websites there is a built-in authorship page that links to the Ennovative Web Pty Ltd website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed.

13. Ennovative Web Pty Ltd does not allow any of the following content or websites to be stored on its servers:

1. Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.

2. Scripts – any script that creates a load on the server will be removed.

3. Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’ or ‘how to’ information about such material.

4. Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Ennovative Web Pty Ltd.

5. Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiast.

6. Customers agree to a six (6) month contract, beginning upon the date Ennovative Web Pty Ltd has designed, built and handed over the website (i.e. the date when Ennovative Web Pty Ltd sends out the username and password).


Financial Arrangements for eShop Website

1. Customers agree to a six (6) month contract, beginning upon the date Ennovative Web Pty Ltd has designed, built and handed over the website (i.e. the date when Ennovative Web Pty Ltd sends out the username and password).

2. Cost of the Ennovative Web Pty Ltd eShop is a set price for design and installation, then an ongoing monthly fee.

3. The deposit for website installation and design is due with order. The balance is due when the eShop has been designed, built and handed over to the customer.

4. The ongoing monthly fees are on an automatic debit basis. The auto debit payments begin on the 28th day of the month in which your website is designed, built and handed over to you.

5. This agreement will automatically renew after the life of the contract has ended until cancelled in writing. Fees are subject to change after this six (6) month period with notice from Ennovative Web Pty Ltd.

6. Although Ennovative Web Pty Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

7. Failure to make ongoing monthly payments may result in your website and emails being suspended.


Financial Arrangements for eWeb Website

1. Cost of the Ennovative Web Pty Ltd eWeb website is a set price for design and build, then an ongoing hosting and support fee.

2. The deposit for website build and design is due with order. The balance is due when the eWeb website has been designed, built and handed over to the customer (i.e. the date when Ennovative Web Pty Ltd sends out the username and password).

3. The eWeb website 12 month hosting and support period begins on the last day of the month the website is handed over to the customer.

4. This agreement will automatically renew after the life of the contract has ended until cancelled in writing.

5. Although Ennovative Web Pty Ltd reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.

6. Failure to pay the hosting and support fee on time may result in your website and emails being suspended.

7. If your hosting and support fee is set up to be paid monthly please see the direct debt authorisation form for related terms and conditions.


Domain Registration

1. Ennovative Web Pty Ltd does not guarantee the requested domain names are available or are able to be registered. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.

2. It is the customers’ responsibility to keep Ennovative Web Pty Ltd up-to-date with their contact details. If the customer fails in this it could result in your website going offline if your domain name is not renewed in a timely manner.

3. If Ennovative Web Pty Ltd is managing the renewal of your domain name it will do its best to renew the domain name on time. If for any unlikely reason this doesn’t happen, including human error, Ennovative Web Pty Ltd will not be held responsible or liable for repurchasing the domain name.


Taxes

1. Ennovative Web Pty Ltd shall not be liable for any taxes or other fees to be paid in accordance with or related to sales made by the Customer using Ennovative Web’s server. The Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold by the Customer.


Graphic Design

1. For logo design services clients will receive three or five design concepts (depending on the package), by email based on the design brief. Clients can request a reasonable number of changes to their chosen concepts until the design is to their satisfaction, approx. 2-3 rounds of changes are normal.

2. Sign off: when the design is completed the client will receive the final graphic design files via email and CD in the mail.

3. Any further changes after sign off will need to be quoted and billed separately.

4. All Ennovative Web Pty Ltd graphic designs remain the copyright of the client.

5. Ennovative Web Pty Ltd provides the artwork in a print ready file for the clients use. It is the clients responsibility to check all copy, contact details, email, website addresses etc. Ennovative Web Pty Ltd, or the designer will not be held responsible legally or otherwise for any undiscovered errors on approved artwork. This includes, but is not limited to: Spelling, grammar, colour problems, typing errors or oversights you have not located prior to printing. Please get your printer to provide you with a printed proof and thoroughly check the document and colours before printing.

6. The deposit for graphic design work is due with order. The balance is due when the artwork has been signed off.


Disclaimer

1. Ennovative Web Pty Ltd and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Ennovative Web Pty Ltd is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.

2. Ennovative Web Pty Ltd makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Ennovative Web Pty Ltd also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.

3. Use of any information obtained by way of Ennovative Web Pty Ltd is at the Customer’s own risk, and Ennovative Web Pty Ltd specifically denies any responsibility for the accuracy or quality of information obtained through its services.

4. Ennovative Web Pty Ltd expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Ennovative Web Pty Ltd specifically denies any responsibilities for any damages arising as a consequence of such unavailability.


Trademarks & Copyrights

1. The Customer warrants that it has the right to use the applicable trademarks, if any.


Hardware, Equipment & Software

1. The Customer agrees that he or she has the necessary knowledge to maintain the eWeb or eShop website. The Customer agrees that it is not the responsibility of Ennovative Web Pty Ltd to provide this knowledge or customer support outside of the defined service of the Ennovative Web Pty Ltd eWeb or eShop support.

2. The Customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Ennovative Web Pty Ltd websites. Ennovative Web Pty Ltd makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the Ennovative Web Pty Ltd service.


Limited Liability

1. The Customer expressly agrees that use of Ennovative Web Pty Ltd websites and services is at the Customer’s sole risk. Neither Ennovative Web Pty Ltd, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Ennovative Web Pty Ltd service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Ennovative Web Pty Ltd servers, unless otherwise expressly stated in this agreement.

2. Under no circumstances, including negligence, shall Ennovative Web Pty Ltd, its officers, agents or anyone else involved in creating, producing or distributing Ennovative Web Pty Ltd services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Ennovative Web Pty Ltd website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Ennovative Web Pty Ltd records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Ennovative Web’s servers.

3. Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.


Lawful Purpose

1. The Customer may only use Ennovative Web Pty Ltd servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.


Indemnification

1. The Customer agrees that it shall defend, indemnify, save and hold Ennovative Web Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Ennovative Web Pty Ltd, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless Ennovative Web Pty Ltd against Liabilities arising out of:

1. any injury to person or property caused by any products sold or otherwise distributed in connection with Ennovative Web’s server

2. any material supplied by the Customer infringing or allegedly infringing on the proprietary rights of a third party

3. copyright infringement

4. any defective product which the Customer sold on the Ennovative Web Pty Ltd Server


Governing Laws

1. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.


Severability

1. This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.


Contract Revisions

1. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Customer on renewal of Ennovative Web Pty Ltd, services as specified in Section I. Financial Arrangements.


Transfer

1. The Customer may not transfer this agreement without the written consent of Ennovative Web Pty Ltd.

2. Ennovative Web Pty Ltd websites cannot be transferred away from Ennovative Web Pty Ltd servers.

3. Domain names will always remain the property of the Customer.

4. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by both parties upon renewal of services.


Pricing Policy

1. All of our prices are in Australian dollars (AUD)


Pricing Policy

1. Ennovative Web Pty Ltd is dedicated to keeping your details private. Any information we collect in relation to you is kept strictly secured. We do not pass on, sell or swap any of your personal details with anyone. We use this information to identify your orders and to personalise your shopping experience with us. Ennovative Web Pty Ltd may use cookies. Cookies sent to your computer from Ennovative Web Pty Ltd only last while you’re browsing our website. We do not store persistent cookies on your computer. Whenever you use our web site, or any other web site, the computer on which the web pages are stored (the Web server) needs to know the network address of your computer so that it can send the requested web pages to your Internet browser. The unique network address of your computer is called its “IP address,” and is sent automatically each time you access any Internet site. From a computer’s IP address, it is possible to determine the general geographic location of that computer but otherwise it is anonymous. We do not keep a record of the IP addresses from which users access our site except where you have specifically provided us with information about yourself, in which case we also record your IP address for security purposes. An example of this would be when proceeding to a checkout to finalise an order you may wish to make. After completing the form provided, your IP address will be stored along with a transaction number that allows us to track your order.

2. Clients using our online enquiry forms for design services are asked for their name, phone number, postcode and email address in order to allow us to contact them in relation to their query. This information is not shared with third parties. Please contact us by email (info@ennovativeweb.com.au) should you wish to have the detail modified or deleted or you wish to opt out of any future communication after your enquiry.


Security Policy

1. When purchasing from Ennovative Web Pty Ltd your financial details are passed through a secure server using the latest 128-bit SSL (secure sockets layer) encryption technology.128-bit SSL encryption is the current industry standard. If you have any questions regarding our security policy, please contact our customer support team – info@ennovativeweb.com.au.


Unlimited Guarantee Fair Use Policy

1. eWeb Unlimited Guarantee

1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.

2. Unlimited design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign-off are billed by the hour.

3. Unlimited web pages: We consider fair use to be as many as you like.

4. Unlimited hosting*: We consider fair use to be less than 1GB storage space (20 times the average eWeb client usage) and 5GB of bandwidth (30 times the average eWeb client usage)

5. Unlimited support: Available Monday to Friday 9am – 5pm EST and refers to the support team providing assistance and directing clients in the management of their website. Support is provided very generously to assist clients however Ennovative Web Pty Ltd reserves the right to decide what fair use is.

6. Unlimited email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage)* doesn’t apply to our eShop product.

2. eShop Unlimited Guarantee

1. Fair use policy: The intention of the Unlimited Guarantee is to support small business and offer great value and a hassle free website experience. If we feel that anyone is engaging in this offer with the intent to exploit it and is using the service excessively above and beyond normal use we reserve the right to limit the services. A definition of each service and its fair use is below.

2. Unlimited design revisions: We consider fair use to be less than 20 design revisions prior to signing off (4 times our client average). Design revisions after sign-off are billed by the hour.

3. Unlimited Products*: We consider fair use to be as many as you like.

4. Unlimited web pages: We consider fair use to be as many as you like.

5. Unlimited support: Available Monday to Friday 9am – 5pm EST and refers to the support team providing assistance and directing clients in the management of their website. Support is provided very generously to assist clients however Ennovative Web Pty Ltd reserves the right to decide what fair use is.

6. Unlimited email accounts and forwarders: We consider fair use to be less than 20 email accounts (7 times the average usage) and 50 forwarders (15 times the average usage)* doesn’t apply to our eWeb product. Disk space and bandwidth limits apply.