Terms of Use

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Organisations need to have read and understood these Terms of Use before signing up for an ActiveWebsites.com.au solution.

For Standard Active Websites

1. Standard Active Websites are produced by a database driven application that allows organisations to have an updateable website. As such all data is stored on the ActiveWebsites.com.au server.
2. Copyright of content provided by organisations belongs to the organisations. However because of the nature of this database application and the predetermined design structures all other copyright remains with the Licensor of ActiveWebsites.com.au*.
3. Due to the nature of this database application, your domain name will need to be hosted by us so that when users type in your domain name they will be redirected seamlessly to your website that exists on the ActiveWebsites.com.au server.
4. Organisations when signing up for a ActiveWebsites.com.au solution need to understand that they are paying a fee for the initial cost of the site and then an ongoing annual fee which covers the cost of hosting, support and the use of the Content Management System (Administration Centre).
5. Although we will provide during and after hours phone support, excess website support may incur a fee especially with regard to the inputting of content.
6. ActiveWebsites.com.au recommends that an organisation sign up for a website for a minimum of 3 years to make the application worthwhile. Fees are payable up front annually and are nonrefundable. If an organisation wishes to discontinue within the recommended 3 years then we would require notice in writing. Organisations will continue to be invoiced annually (even after the 3 years) until we are told otherwise either by phone or in writing.
7. If an organisation decides to discontinue with ActiveWebsites.com.au, content will be accessible via the website by copying and pasting from the website in the Internet Browser.
8. Payment for the initial cost of the website ($795 plus GST) and the first year hosting / support ($395 plus GST) are payable upfront by cheque or direct deposit and will be due within 7 days of invoicing. These fees are nonrefundable.
9. Websites will come offline if annual fees are not paid within 28 days of due date.
10. Organisations are allocated 100mb of web space and 1GB of data transfer per month. Excess space or data transfer may incur a fee.
11. If an organisation needs Email Addresses, we will provide up to 5 emails. Additional emails will incur a fee.

*Licensor of ActiveWebsites.com.au is G.J FLETCHER & M.E FLETCHER Family Partnership

License Agreement for Custom Active Websites

This License Agreement is entered into between G.J FLETCHER & M.E FLETCHER Family Partnership (herein referred to as "Licensor") and you, the Licensee.

BY COMPLETING THE SIGN UP PROCESS AND/OR USING THE SERVICE, YOU ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE LICENSE ("AGREEMENT"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Recitals:

(a) The licensee proposes to purchase a single user license for the licensed software known as Custom Active Website.
(b) The Licensor is the owner of and proposes to permit the licensee access to the licensed software for a fee using the annual hosting provided by the Licensor.
(c) This agreement will record all terms and conditions for the permitted use of the licensed software.
Definitions:
(a) "Licensed Software" means only the Custom Active Website software supplied by the Licensor.
(c) "Licensee" means the entity that has entered into this agreement for a License to use the Software.
(d) "Third Party Services" means those services supplied by third parties that are used with Custom Active Websites, the licensee must agree to all terms and conditions of these Third Party Services.
(e) "Deployment Date" means the date that the Licensed Software is deployed to the licensee.

1. LICENSE

1.1 Licensor hereby grants Licensee a single perpetual, nonexclusive, non-transferable and limited license to use the Software as set forth in this Agreement.
1.2 Licensee shall use the Licensed Software solely for the Licensee's own business operations, and shall not sublicense, rent or otherwise permit anyone other than Licensee's own authorised personnel including Licensee's employees and agents to use or have access to the Licensed Software.

2. LICENSE EXCLUSIONS

2.1. Unless otherwise expressly authorised in this Agreement, the Licensee shall not:
- Rewrite or Copy the Licensed Software;
- Cause or permit reverse compilation, reverse engineering or disassembly of any Licensed Software;
- Distribute, disclose, or transfer to any third party except for Licensee's employees and agents any portion of the Licensed Software.

3. FEES AND PAYMENT TERMS

3.1. Licensee shall pay the Licensor the fees as listed in "Schedule A" to this agreement.
3.2 All payments are non refundable and will be due within 7 days from invoice date. Payments can be made by cheque or Direct Deposit.
3.3 Failure to make payment within 30 days of invoice will result in the service being disconnected.

4. INTELLECTUAL PROPERTY

4.1. The Licensor retains title to and ownership of the Licensed Software, respectively. The user license granted by this Agreement does not give Licensee any ownership interest in the Licensed Software, but only the right to use the Licensed Software under the specified terms.
4.2. If custom programming or coding is required to The Licensed Software these, User Modifications will remain the property of the Licensor.
4.3 The Licensee will retain ownership of all content, data and images added to the Licensed Software. If an organisation decides to discontinue with ActiveWebsites.com.au, content will be accessible via the website by copying and pasting from the website in the Internet Browser.

5. LIMITED WARRANTY; DISCLAIMER

5.1. Licensor will not guarantee any future updates or modifications to the License Software unless agreed to by both parties of this agreement.
5.2. Upon Licensee's notice to the Licensor of any error or defect in the Licensed Software that prevents the Licensed Software from operating in accordance with the warranties, the Licensor will recode the Licensed Software to conform to Specifications.
Important: The Licensor does not warrant that the Licensed Software is or will be error-free, and Licensee should anticipate that, as with implementation of any highly sophisticated, integrated software applications solution package, the "deployment" process will entail discovery and debugging in the ordinary course of software errors or nonconformities. The Licensor will respond to software errors involving the Licensed Software. Recoding may include temporary workarounds or patches, as circumstances warrant.
5.3 The Licensor's warranty is contingent on Licensee's proper use of the Licensed Software in accordance with this Agreement or as directed by the Licensor in writing. Warranty coverage does not apply to Licensed Software, which has been used in a manner contrary to this Agreement.
5.4 The Licensor does not make and expressly disclaims any other warranties, express or implied, with respect to the Licensed Software or any other matter involving or arising out of this Agreement, including the provision of Third Party Services. In particular, but without limitation, The Licensor disclaims any warranty of Merchantability or fitness for a particular purpose, and any warranty based on trade usage, course of dealing or conduct.
5.5 In no event shall the Licensor or its suppliers be liable for any accidental, consequential, incidental or indirect damages of any kind (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of work carried out by the Licensor.

6. LIMITATION OF LIABILITY
6.1 Without limiting any other provision of the Terms and Conditions of this Licensed Software Agreement you acknowledge that:
6.2 Performance of the Licensed Software is dependent on a number of factors outside The Licensor's control, including communications networks, the internet and third party service providers.
6.3 In no event will The Licensor be liable for any direct, indirect, consequential, incidental or other damages arising out of the use of the licensed software by any person, regardless of whether or not such a loss was foreseeable or either party contemplated or was advised of the possibility of such a loss or damage.

7. TERM AND TERMINATION
The user license granted by this Agreement is intended to be perpetual and shall continue in effect unless terminated as follows:
7.1. Licensee Termination of License. Licensee shall have the right to terminate the user license at any time with 30 days written notice to The Licensor, provided that (i) Licensee concurrently pays to The Licensor all outstanding fees (ii) Licensee shall not receive any refund or rebate of fees already paid, and (iii) The Licensor shall be released from any further obligations to provide the Licensed Software.
7.2 The Licensor may by notice in writing terminate this Agreement in any of the following circumstances:
(i) the making or filing of an application to wind up the Licensee (otherwise than for the purpose of reconstruction or amalgamation) under any law or government regulation relating to bankruptcy or insolvency;
(ii) the appointment of a receiver for all or substantially all of the property of the Licensee;
(iii) the making by the Licensee of an assignment or attempted assignment for the benefit of its creditors;
(iv) the institution by the Licensee of any proceedings for the liquidation or winding up of its business;

8. ENTIRE AGREEMENT
8.1 This Agreement embodies all the terms binding between the parties and replaces all previous representations or proposals not embodied herein.

9 ASSIGNMENT
9.1 The Licensee shall not assign all or any of its rights hereunder without the prior written consent of the Licensor, which consent the Licensor may grant or not in its absolute discretion.
9.2 The Licensor may at its discretion assign all or any of its rights hereunder.

10 APPLICABLE LAW
10.1 This Agreement shall be read and construed according to the laws of Australia and the state of New South Wales and the parties submit to their respective jurisdictions.

11 SEVERABILITY
11.1 If any provision of this Agreement is held by a court to be unlawful, invalid, and unenforceable or in conflict with any rule of law, statute, ordinance or regulation the validity and enforceability of the remaining provisions shall not be thereby affected.

12 REQUIREMENT
12.1 Due to the nature of this database application, your domain name / website will need to be hosted by us.

Schedule A

Fees and Payment Terms
All prices are exclusive of GST.

1. Initial License Fee
$3,850 for Custom Active Website single perpetual license.
This Initial License fee is payable up front with an invoice being issued once the Sign Up form is received.

2. Set Up and integration
$1,760 set up and integration using your chosen domain.
This Set Up Fee is payable once the Custom Active Website is set up on our servers using your domain.

3. Optional CSS Design
$2,200 CSS Design based on layered graphics provided by designer.
This fee is optional and will depend on whether you use the standard design already available or your own custom option. This fee will be payable once the CSS is complete for the Custom Active Website.

4. Project Management
$1,320 being 10 hours at $132 per hour for organising, testing and coordinating the Custom Active Website development. This fee is payable once the Custom Active Website is set up on our servers using your domain.

5. Monthly Service Fee
$110 per month for phone or email support and potential product development. This fee will be invoiced at the beginning of each month. This fee can be paid annually which will result in a discount of 1 month. That is, you will pay for 11 months instead of 12 if you choose to pay annually.

6. Web Hosting Fees
$544.50 annual hosting
Organisations are allocated 1GB of web space including unlimited emails and 10GB of data transfer per month. Excess space or data transfer may incur a fee.
This fee is initiially payable up front and will be invoiced upon receipt of the Sign Up form. Future invoices will be sent each year on the anniversary date of the completion and submission of the Sign Up form.

7. Custom Coding
$132.00 per hour for custom coding.