TERMS AND CONDITIONS OF USE
We have taken every effort to design and present this Website to help you find what you are looking for by being useful, informative, helpful, honest and fun for you. Hopefully we’ve achieved that and extend an invitation to you — that if you see something that you believe could be improved for navigation or ease of finding information, then please – let us know. We also ask you abide by the following Terms and Conditions for this website. Please take a few minutes to peruse them as by default being on this site you automatically agree to them. Naturally, if you don’t agree, please do not use the site, and close this browser window. It is important to understand that we reserve the right to make any modifications that we deem necessary at any time. Please periodically check over these terms and conditions to see any new changes. Your continued use of the AmazingBusinessWebsites.com Website and network means that you accept those changes.
Once Again, THANKS FOR VISITING!
IMPORTANT NOTE: Please be aware that we do NOT build “pornographic” or “unsavory” websites. We DO however specialize in local and small businesses that need that little bit of help with websites and online presence ! We Specialize in home businesses, (even the ones that seem a little “out of the box”, Entrepreneurs and Online Marketers just starting out and trying to set up and of course we offer the total marketing package if required.
Restrictions on Use of Our Online Materials
All Online Materials on the AmazingBusinessWebsites.com website network are Copyrighted and all rights are reserved. This includes all text, graphics, databases, HTML code, and all other intellectual property are protected by Australian, US and/or International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All trademarks on this site and the davidcummings network are trademarks of Cummings Group Pty Ltd and AmazingBusinessWebsites.com or of other owners used with their permission. You, the visitor, may download Online Materials for non-commercial, personal use only where indicated provided you retain all use for yourself only, and; do not claim copyright, trademark or propriety notices, that you make no modifications to the materials, you do not use the materials in a manner that is illegal, or against moral grounds, and in a manner that suggests an association with any of our products, services, events or brands, and you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You MAY NOT, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. You may not add to, distribute, delete, distort or misrepresent any content on the AmazingBusinessWebsites.com site or network of sites. Any attempts to modify or add to any Online Material on this site and network of sites, or to defeat or circumvent our security features is prohibited. Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by AmazingBusinessWebsites.com or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
AmazingBusinessWebsites.com (under Cummings Group Pty Ltd) owns and operates this website and related sub domains. This document is the Terms of Service Agreement which states the terms and conditions under which you may access and use this website as outlined above and below.
Ownership of Material, Software Licences & Intellectual Property Rights
All materials displayed or otherwise accessible through this website, including, without limitation, articles, text, photographs, images, illustrations, computer software and code, and the website, itself, are protected under Australian and foreign copyright or other laws, and are owned by AmazingBusinessWebsites.com and Cummings Group Pty Ltd.
Any use, reproduction, modification, alteration, public performance or display, uploading or posting onto the internet (including placing on another website), transmission, redistribution or other exploitation of this website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of AmazingBusinessWebsites.com
All software embedded in or located on or at this website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by AmazingBusinessWebsites.com, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into this website, subject to
(i) the terms and conditions of this Agreement, and
(ii) any additional conditions which may be imposed on your access and use of such Software.
If this website provides Software for download, unless otherwise provided, you are hereby granted, subject
(i) to the terms of this Agreement and
(ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to
(i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and
(ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not:
(i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part;
(ii) sell, rent, lease, licence, trade, transfer or otherwise provide access to the Software;
(iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or
(iv) disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in this website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into this website or made available for download from this website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into this website is provided as Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty
(i) that the Software is of merchantable quality or is fit for any particular purpose;
(ii) that the Software will conform with any specification(s) relating to the Software;
(iii) that the Software will be free from material defects;
(iv) that the Software contains no computer viruses or other contaminants; or
(v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
This website and all content is provided on an ‘as is’ basis. By accessing and using this website you acknowledge and agree that use of this website and the content is entirely at your own risk.
AmazingBusinessWebsites.com and Cummings Group Pty Ltd makes no representations nor warranties regarding this website and the content, including, without limitation, no representation or warranty:
(i) that this website and/or content will be complete, accurate, reliable, suitable or timely;
(ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through this website will be of merchantable quality or fit for a particular purpose;
iii) that the operation of this website will be uninterrupted or error free;
(iv) that defects or errors in this website will be corrected;
(v) that this website will be free from viruses or harmful components; and
(vi) that communications to or from this website will be secure or not intercepted.
The information contained on this website is for information purposes only. It is NOT intended to provide accounting, legal, investment, financial, or other advice to you, and you should not rely upon the information to provide any such advice.
All information posted on this website is intended only as a basis for further discussion, enquiry and study. AmazingBusinessWebsites.com and Cummings Group Pty Ltd disclaims any liability for direct, indirect or consequential loss arising in connection with the use of the contents of this website or reliance on those contents by any person or organisation, whether in its original form or altered in some way by the user.
AmazingBusinessWebsites.com gives no warranties nor does AmazingBusinessWebsites.com make any representation in respect of the contents of this website. AmazingBusinessWebsites.com advises users of this website to seek their own appropriate independent professional advice to matters raised in this website.
Limitation of Liability
(A) To the extent permitted by law AmazingBusinessWebsites.com and Cummings Group Pty Ltd aggregate liability to you, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms, the site or the content is limited to the following, the choice of which is at AmazingBusinessWebsites.com sole discretion:
(i) In the case of goods any one or more of the following:
(a) the replacement of the goods or the supply of equivalent goods;
(b) the repair of the goods;
(c) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(d) the payment of the cost of having the goods repaired; or
(ii) in the case of services:
(a) the supply of the services again; or
(b) the payment of the cost of having the services supplied again.
(B) To the extent permitted by law AmazingBusinessWebsites.com will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the site and the content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
(C) If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) or (b) but allows a limitation of a certain maximum extent then our liability is limited to that extent.
AmazingBusinessWebsites.com and Cummings Group Pty Ltd expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of this website or any advertiser or sponsor of the website. Under no circumstances shall AmazingBusinessWebsites.com and its officers, directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any materials, software, content, goods or services located at or made available at any web site linked to or from this website.
If you decide to access or use any linked web site or content, materials, software, goods or services from a web site linked to this website, you do so entirely at your own risk.
You hereby release AmazingBusinessWebsites.com and Cummings Group Pty Ltd and its officers, directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through this website or by third parties through this website.
Links, Downloads, Features and Advertisements
This website contains links to third-party web sites. These links are provided solely as a convenience to you and not as an endorsement by AmazingBusinessWebsites.com of the contents of such third-party web sites.
We take no responsibility for the accuracy, content, or any aspect of that material, and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against AmazingBusinessWebsites.com or any of our affiliates arising from or based on your purchase or use of products or services through those other sites. Links do not imply that AmazingBusinessWebsites.com or any of our affiliates sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo, or copyright symbol of AmazingBusinessWebsites.com or any of our affiliates.
AmazingBusinessWebsites.com is not responsible for the content of any third-party web site, nor does it make any representation or warranty of any kind regarding any third-party web site including, without limitation
(i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party web site;
(ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party web sites; or
(iii) any representation or warranty that the operation of the third-party web sites will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While AmazingBusinessWebsites.com encourages links to this website, it does not wish to be linked to or from any third-party web site which:
(i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of AmazingBusinessWebsites.com Solutions or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or
(ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy, or which is protected by copyright, trademark or other proprietary rights. AmazingBusinessWebsites.com reserves the right to prohibit or refuse to accept any link to this website, including, without limitation, any link which contains or makes available any content or information of the aforementioned nature, at any time. You agree to remove any link you may have to this website upon the request of AmazingBusinessWebsites.com .
Costs and Refunds
The term “we” or “us” or “our” refers to Cummings Group Pty Ltd and amazingBusinessWebsites.com the seller.
The term “you” refers to you, the customer.
We (Cummings Group Pty Ltd) only keep the necessary payment information in order to process your current order. You will be notified of further payments as they are executed in accordance with your agreed payment plan. We will not use your payment details for any other purchase without your direct input and permission. The payment processor platform we use is paydotcom.com and may be associated with paypal. If there are any queries or discrepancies, then contact us immediately.
The following applies only if you pay the full amount for your website construction “up front” (not the trial and payment plan).
Once you accept and order your website, we will process and construct your website within 72 hours. You have up to 30 days should you see the need to claim a refund.
If you do not like your website, and / or wish to cancel, then you will only be eligible for the total cost of the product minus the setup fees. The setup fees are $27 which includes our costs associated with the domain name and the first months hosting costs. For example if your website purchase order was $447, then you are eligible and may cancel your order within the first 30 days for a refund of $420. You will then lose access to your website, and it will be deleted after 1 month of cancelation. After 30 days have expired from the date of purchase you are not eligible for a refund, and it is accepted that you’re happy with the service and product provided, and it will remain live until the anniversary payment period for the hosting and domain name renewals. It will be automatically renewed (and continue live) once your annual renewal payment is confirmed. The annual renewal fees are set out below.
The following applies only if you pay via the trial period and payment plan option for your website construction (not the full payment “upfront” option). Once you accept and order your website via the “trial period option”, you have 14 days in which you can cancel your order and prevent the first periodic payment to be executed. There is no refund on the $27 trial period setup fee, as it covers our costs associated with the domain name and the first months hosting costs. If you cancel after the 14 days, then the periodic payments would have commenced as per your payment plan. There is no refund on the periodic payments, however, if you cancel between period periodic payments, you will not be charged further periodic payments. You can cancel at any time. However, you will then lose access to your website, and it will be deleted after 1 month of cancellation. After 14 days have expired after your initial purchase, it is accepted that you’re happy with the service and product provided, and your website will remain live until the anniversary payment period for the hosting and domain name renewals (unless cancelled by you as outlined above). Your website will be automatically renewed (and continue live) once your annual renewal payment is confirmed. The annual renewal fees are set out below.
GST (Goods and Services Tax) payment is only applicable for Australian residents, or business conducted in Australia in accordance with the Australian Taxation office. If you’re not a resident or conducting business within Australia, then no GST applies. We do not accept “cash only” payments or services. All information and business will be conducted within the guidelines of Australian law. All fees and tax invoices quoted are inclusive of GST (if applicable), or unless note otherwise.
The annual renewal fees are $13/year for the domain name, and $119.40/year for the hosting account. If you have more than one domain name, then the annual renewal hosting fees are $179.10 (for up to 5 domain names). Further negotiation is necessary for the cost to host greater than 5 domain names. The domain names are all $13/year. We “reserve the right” to increase the domain name and web hosting costs to cover future increases due to CPI (consumer price index) at a rate of 3% per annum after 5 years from the initial purchase date.
You agree to indemnify, defend and hold harmless AmazingBusinessWebsites.com and its officers, directors, employees, agents, licensors and their respective successors and assigns, from and against any and all claims, demands, liabilities, costs or expenses whatsoever, including, without limitation, legal fees and disbursements resulting directly or indirectly from: (i) your breach of any of the terms and conditions of this Agreement; (ii) your access, use or inability to access or use the AmazingBusinessWebsites.com website or network of websites or any AmazingBusinessWebsites.com website Content or other content to which the AmazingBusinessWebsites.com website is or may be linked to from time to time; (iii) your use of, reliance on, publication, communication or distribution, uploading or downloading of anything on or from the AmazingBusinessWebsites.com website; and/or (iv) your violation of any law or regulation.
Registration and Use of Passwords
To access particular pages and features of this website, you may be asked to register with AmazingBusinessWebsites.com . You agree:
(i) that AmazingBusinessWebsites.com reserves the right to refuse registration access to any individual or organisation at any time
(ii) to provide true, accurate, current and complete information about yourself as prompted by any form provided by AmazingBusinessWebsites.com and
(iii) to maintain and promptly update the information you provide to keep it true, accurate, current and complete.
To access particular pages of this website, you may need to use a username and password, which you will receive through our website registration process. It is your responsibility to maintain the confidentiality of the password and account, and you are responsible for all activities that occur using your password or account. You agree to notify AmazingBusinessWebsites.com immediately of any unauthorised use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. AmazingBusinessWebsites.com and Cummings Group Pty Ltd cannot and will not be liable for any loss or damage arising from your failure or AmazingBusinessWebsites.com failure to protect your password or account information.
Security of Information on the Internet
You should note that information sent or received over the Internet is generally unsecure and AmazingBusinessWebsites.com cannot and does not make any representation or warranty concerning security of any communication to or from this website or any representation or warranty regarding the interception by third parties of personal or other information.
Governing Law and Jurisdiction
This website (excluding linked Web sites) is controlled by AmazingBusinessWebsites.com based in the state of Queensland, Australia. It is accepted that your use of the website will be in accordance with legal and moral means. If your use (or other use) of your website is found to be in breach of Australian and international law, your access to your website will be stopped and all relevant access handed over to the relevant federal authorities for full investigation and retribution of the law. You will then not be eligible for any refund or reduction in costs, and your account will be terminated. Cummings Group Pty Ltd will not be held responsible for any action or non action by the relevant federal authorities. By accessing or using this website, you agree that all matters relating to your access to, or use of, this website shall be governed by the laws of the state of Queensland and, and the laws of Australia and international and US general internet laws. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Australia and/or the courts of the state of Queensland with respect to such matters.