Terms of Use

1. Definition
1.1 In this document 'we' and 'our' means AuComputech or Aucomputech.com and 'you' and 'your' mean the customer.
1.2 This agreement outlines the terms of use that apply to any service you have signed up for with us ('the Services').
1.3 The services currently provided by AuComputech includes web design, web site maintenance, web template downloads and template customisation, domain registration, domain transfer and domain renewal.
1.4 The Services you purchased are identified in the 'sign up' and the 'welcome' emails we sent you after we accepted your request for service. The specifics of the Services are detailed on our website.
1.5 In addition to these Terms of Use you must also comply with our Privacy Policy.
2. Acceptance of these terms of use
2.1 You signified acceptance of these Terms of Use and our Privacy Policy when we accepted your order for Services.
3. Commencement of the Agreement
3.1 This agreement commenced on the date we accepted your order for Services.
4. Services availability
4.1 In these terms of use 'Services' primarily refers to our provision of web design, web site maintenance, web template downloads and template customisation, domain registration and domain renewal, domain transfer and a connection to and from the Internet for web based services support to the level specified in the package you selected.
4.2 To ensure that you can always be connected to our site for such services, we will use our best endeavours to provide continuing availability of our site but we cannot be liable for service interruptions or down time of the service.
4.3 We will attempt to perform scheduled site maintenance at all times. If scheduled site maintenance requires the site to be offline for more than 30 minutes we will post details of the scheduled site maintenance at least 48 hours in advance of the maintenance . If we need to perform unscheduled maintenance that requires the site to be offline for more than 30 minutes, we will post details of the event after the maintenance has been completed. If any scheduled or unscheduled site maintenance details are posted, it can be found under Announcements in the Client Portal.
5. Registering or transferring a domain name
5.1 In respect of domain names, we advise you that we are a reseller of the AUDA accredited registrar Distribute IT.
5.2 We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you. 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.
5.3 Both the registration of the domain name and its ongoing use are subject to the relevant naming authority's terms of use and you are responsible for ensuring that you are aware of those terms of use and that you comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation, agree that the administration charge paid by you to us shall be non-refundable in any event.
5.4 We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
6. Renewal of domain name registration
6.1 You acknowledge that we are not obliged to renew your domain name if you do not confirm to us that the domain name should be renewed. In such circumstances we are not liable for any loss or damage resulting from non-renewal of your domain name. We may not renew your domain name where you have unpaid invoices or if you are in breach of any terms of your use of our services.
6.2 You acknowledge that our primary method of communication for domain renewal purposes is via email. We will not be held responsible for the non-renewal of your domain name if your email contact details are not kept up to date.
6.3 If you close your account with us but do not transfer your domain name to another registrar, you agree that we may contact you after account closure to remind you of domain name renewals.
7. Information Provided by You
7.1 By offering any submission, including web link/domain name submission through an AuComputech web site, you grant to Aucomputech Support worldwide, perpetual, royalty-free, irrevocable licence to reproduce, modify, edit, publish, make derivative works from and sell and distribute such submissions in any and all forms and media, now or hereafter discovered, and for Aucomputech Support to license others to do the same.
8. Customers warranties, liabilities and undertakings
8.1 You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Servers, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
8.2 You warrant that you will keep secure any passwords used with the Services, i.e. your account password at aucomputech.com. You must keep the footer copyright of Designed by AuComputech.com and will continue to keep the such copyright notes that displayed publicly in your website unless it is described with such product or a copyright removal is purchased.
8.3 You warrant that you will supply any information related to website installation, database and mail server setup in order for us to process your such service request in a timely basics.
8.4 You further warrant that at the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material which we have produced.
8.5 You undertake that you will conduct such tests and computer virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from the server does not contain any computer viruses and will not in any way, corrupt the data or systems of any person.
8.6 You also agree that you are solely responsible for dealing with persons who access your data and that you will not refer complaints or inquiries in relation to such access to us.
8.7 You indemnify us against all claims arising out of your registration and use and renewal of registration of your chosen domain name, unless and to the extent that the claim arises out of our breach of this agreement, or our negligent act or omission.
9. Disclaimer of Warranty; Limitation of Liability; Indemnification
9.1 We accept liability for the supply of the Services to the extent provided in this agreement.
9.2 We do not warrant that:
the Services provided under this agreement will be uninterrupted or error free;
the Services will meet your requirements, other than as expressly set out in this agreement; or
the Services will be free from external intruders (hackers), viruses or worm attack, denial of service attack, or other persons having unauthorised access to the services or systems of AuComputech.
9.3 Except as expressly provided to the contrary in this agreement, we exclude all liability for indirect and consequential loss or damage of any kind, loss or corruption of data, loss of revenue, loss of profits, failure to realise expected profits or savings and any other commercial or economic loss of any kind, in contract, tort (including negligence), under any statute or otherwise arising from or relating in any way to this agreement and/or its subject matter.
9.4 We make or give no express or implied warranties including, without limitation, the warranties of merchantability or fitness for a particular purpose, or arising from a course of dealing, usage or trade practice, with respect to any goods or services provided under or incidental to this agreement. No oral or written information or advice given by us, our affiliates, resellers, agents, representatives or employees shall create a warranty or in any way increase the scope of the express warranties hereby given, and you may not rely on any such information or advice.
9.5 Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services will be limited to the charges paid by you in respect of the services which are the subject of any such claim and provided that you notify us of any such claim within three months of it arising.
9.6 In no event will we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
9.7 In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Trade Practices Act 1974 (Cth) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement, where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to the Act, our sole liability for breach of any such condition, warranty or other obligation, including any consequential loss which you may sustain or incur, shall be limited (except as otherwise specified in this agreement) to:
the replacement of the goods or the supply of equivalent goods or payment of the cost of replacing the goods or acquiring equivalent goods; or
the repair of the goods or payment of the cost of having the goods repaired;
the supplying of the Services again; or
the payment of the cost of having the Services supplied again.
9.8 We specifically exclude any warranty as to the accuracy or quality of information received by any person via your server and in no event will we be liable for any loss or damage to any data stored on the Server. You are responsible for maintaining insurance cover in respect of any loss or damage to your data stored on the Server.
10. Suspension and Termination of the Service
10.1 We may suspend or terminate your account if you breach any of these terms of use, or if you become insolvent or you are declared bankrupt.
10.2 From time to time we may have to suspend or disconnect the service without notice or deny your access to the Service during any technical failure, modification or maintenance involved in the Service. We will use reasonable endeavours to procure the resumption of the services as soon as reasonably practicable. In these circumstances you will remain liable for all charges due throughout the period of suspension.
10.3 If your account has been suspended or terminated due to your breach, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts and payment of a reactivation fee.
10.4 If you wish to terminate your account with us for any reason you may do so by giving us 30 days notice in writing by sending emails to our customer service at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. . No refunds are available for monies paid in advance.
10.5 If we wish to terminate your Service for reasons other than a breach of these conditions, we can do so by giving you 30 days written notice by the e-mail you provided us. In this circumstance, we will refund any remaining unused credit on your account.
10.6 If your account is closed for whatever reason you must pay all outstanding charges immediately.
10.7 We are under no obligation to provide you with a copy of your data if we have suspended or terminated your access to the service for your breach. If we provide you with a copy of your data in such circumstances, we are entitled to charge a fee for service.
11. Prices, Fees, charges and payments
11.1 All prices are listed in Australian Dollars (AUD) and GST inclusive. Prices for all customers outside Australia are GST or TAX or VAT exclusive. Prices automatically subtract 10% from the original price at checkout. 11.2 All charges payable by you to us for the Services will be in accordance with the relevant scale of charges and rates published from time to time by us on our website and will be due and payable within fourteen days of receipt of our invoice. The price of the Services we provide you will remain fixed for the period covered by the payment; that is, from annually to ten years time for the domain name registration; custom web design, ready-made templates and template customisation; or quarterly and annually for the template club members joined. After that time you will be billed at the rates current on our website at the time the Service is renewed.
11.3 If you exceed our fourteen day credit terms, you will be charged an $11.00 late payment fee.
11.4 Prices published on our web site are inclusive of any government taxes or charges within Australia unless otherwise noted.
11.5 The provision of services is contingent upon our having received payment in full from you in respect of the services we provide. Without prejudice to our other rights and remedies under this agreement, if any sum payable is not paid on or before the due date, we reserve the right, at our discretion, to suspend the provision of Services to you.
11.6 If you fail to make payment within the terms of this agreement, you will become liable for the cost of collection. This will include interest on any overdue amount, calculated at the daily rate of 9% per annum, from the due date of the payment.
11.7 If you have chosen a yearly contract for your domain service, your account will be automatically rolled over for a further yearly contract at the end of the term. You must give us notice before the end of the term if you wish to cancel or alter your service. If you elect to pay your fees on a yearly basis, and fail to make payment within 14 days of invoice, you will not be entitled to receive the yearly fee discount for your domain renewal.
11.8 Upon registration of a credit card account, you give us authorisation to debit your credit card for all charges through PayPal Secure Payment System.
11.9 You consent to us obtaining a report from a credit reporting agency on you credit worthiness if you choose to pay by credit card.
11.10 No refunds will be given for unused portions of payments in advance (including payment of any period contracts) unless the account has been terminated due to our breach of these terms of use or we exercise our rights under clause 10.5.
11.11 If a charge back is initiated by you, either as a mistake or not. Your account may be terminated or suspended and a fee determined by us will become payable by you.
11.12 The 7 day money back guarantee applies to all our ready-made templates only when it becomes available. Such offer cannot be conjunction with any other money back guarantee.
11.13 The 100% money back guarantee applies to wed design and template customisation. Such offer cannot be conjunction with any other money back guarantee.
11.14 To claim the 7 day money back guarantee you must send us an email to our customer service at This e-mail address is being protected from spambots. You need JavaScript enabled to view it.  before the 7 days is finished. Once we have received your notice to claim the 7 day money back guarantee we will send you an email or call the number in your client profile to confirm refund request. Refund will be paid by either direct bank deposit, PayPal or cheque, at the managers discretion.
11.15 To claim the 100% money back guarantee of your deposit for web design, web template customisation with us, you must send us an email to our customer service at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. before you accept our web design or template customisation and download such website or customised template. Once we have received your notice to claim the 100% money back guarantee, we will send you an email or call the number in your client profile to confirm the refund request. Refund will be paid by either direct bank deposit, PayPal or cheque, at the managers discretion.
12. The use of spam and virus filters
12.1 You agree that we can use spam and virus filters and that this may require us to use third party equipment or services to monitor and filter email traffic between our equipment and the Internet. You agree that we will not be liable for any loss or damage resulting from the use of spam or virus filters.
13. Severability
13.1 If any clause of these terms of use is held to be invalid or unenforceable in whole or in part, the invalid or unenforceable wording shall be deemed to be omitted.
14. Assignment
14.1 You may transfer this agreement provided that you give us notice in the form we require (setting out the details of the assignee) accompanied by payment of any transfer fee specified by us. No other method of transfer by you is permitted.
15. Changes to Terms
15.1 We may change the terms of use of this agreement at any time. Details of our current terms will always be available on our website.
16. Entire Agreement
16.1 These terms of use constitute the entire agreement between AuComputech and you. It supersedes all prior agreements, understandings and representations whether oral or written.
17. Copyright Notices
17.1 The contents of the aucomputech.com are Copyright © Aucomputech Support and/or its suppliers. All rights reserved.
17.2 The Web site’s contents include, but are not limited to all information, text, images, graphics, software and advertisements found on the Web site. You may retrieve, review or download such material for your own personal non-commercial use, provided that you agree to abide by any copyright notice or other restriction in any such material that you download.
18. Applicable Law
18.1 This website is created and controlled by Aucomputech Support, ABN: 12 546 320 671.
18.2 Your use of this website is governed by, construed and enforced in accordance with the laws of New South Wales, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of New South Wales, Australia.
19. Notifications & Communications
19.1 All notifications under this agreement will be by email to your nominated e-mail address. By entering into this agreement you agree to receive other email communications of a marketing and promotional nature unless you opt out of our mailing list. You will not be able to opt-out of critical service notifications, renewal, billing and account notifications, scheduled downtime notifications or any other communications deemed to be an essential part of our service to you.

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