Terms & Conditions Of Use
All services provided to the Customer by BombSite are subject to the following terms and conditions.
1.0 Acceptance. A payment of a subscription fee or payment online is deemed an acceptance of our terms and conditions, a copy of which is available via our website, with all invoices, and at any time by request to BombSite.
2.0 Charges. Charges for the service to be provided by BombSite are defined on the BombSite website which is available at any time. A valid credit card is to be supplied at the commencement of the BombSite account and this card will be charged an initial pro-rata fee for the balance of the current month, then the card will be billed monthly on the 1st (first) of each month based on your account and any requested add-ons. BombSite reserves the right to decline any application at its descression.
2.1 All account charges (including addon charges) are advertised and displayed on a per week cost and are calculated and billed monthly at a rate of 4.33 weeks per month.
2.2 There are no additional costs incurred in regards to Domain Name Registration (or renewals) or for Website Hosting costs. These costs are part of the BombSite monthly fee. Additional costs however may occur if a domain name being used already exists and a transfer process is required. This cost will be advised prior to the commencement and creation of the account.
2.3 Should there be any additionally requested design work in setting up a BombSite account, an additional, once-off cost will be advised prior to the commencement and creation of the account.
3.0 Term/Contract. A 12 month contract is entered into upon the creation of a BombSite account. The 12 month term expires at the end of the 12th full billing month (i.e. the contract for an account created on November 18th will expire on November 30th the following year). At the completion of the 12 month contract, no further contract is entered into and the BombSite account will continue to be billed at the start of each new month until the BombSite account holder officially requests the closure of the account. Once closure is requested the account and payments will cease at the end of the current month that the request is received.
4.0 Traffic/Storage. All BombSite accounts are covered by a reasonable usage policy in which there are no set charges for excessive hard drive storage or data traffic, however BombSite reserves the right to monitor any accounts' usage and should any account be deemed to be exceeding the reasonable usage policy, the account holder will be contacted with options to either a) reduce the amount of storage or traffic being used, or b) increase the monthly account charges in accordance with the excess usage.
5.0 Account Creation/Turnaround Time. BombSite accounts will be created and available within 2-3 working days providing the account requires a new domain name and all logos/photos/images are supplied after the initial account application has been submitted. Delays can occur if existing domain names are to be transferred, additional custom graphics are to be created, or delays in the account holder providing logos/photos/images.
5.1 It is the responsibility of the account holder to provide all required information and artwork in a timely manner and BombSite holds no responsibility for delays caused by the account holder.
6.0 Design/Layout. At the creation and billing stage of a BombSite account, logos/photos/images required for the design portion of the account are to be emailed to designers@bombsite.com.au. BombSite will endeavor to achieve the 2-3 working day account creation turnaround however this timeframe is subject to the timely delivery of required logos/photos/images to BombSite design staff.
7.0 Addons/Upgrades. BombSite addons can be requested upon the initial account application and will be billed accordingly. Additional addons can be requested from the BombSite Virtual Dashboard (vDash) at any stage. The additional monthly charges related to requested addons will commence at the next billing cycle (1st of the following month). All upgrades to the account are immediate and adjust all proceeding monthly account charges. All addon costs are displayed as a cost per week and billed to each account as a 4 x week month period.
8.0 Payment. BombSite only accepts Visa or MasterCard for account payments. Payments are deducted from the provided credit card on the first of each month (excluding the initial pro-rata payment at the commencement of the account).
9.0 Default. In the event of a default monthly account payment, account holders will be contacted by BombSite administration regarding the default payment. Payment of the amount in default is required before the following billing date (the 1st of the following month) and an account administration fee is charged (refer to the BombSite website for the schedule of fees). Any accounts which remain in default will be suspended until all outstanding payments have been received by BombSite. Customers with accounts in default agree to pay BombSite reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by BombSite in enforcing these Terms and Conditions.
10.0 Early Termination. A BombSite account may be cancelled prior to the completion of the initial 12 month contract period however the remaining balance will be deducted in full from the account holders credit card. Early termination is to be requested via email to accounts@bombsite.com.au (see 11. Termination).
11.0 Termination. Termination of BombSite services must be requested via email to accounts@bombsite.com.au and termination will be effective upon return email confirmation sent from the BombSite administration.
12.0 Copyright/Ownership. Any and all website template designs, files, layouts and other items related to BombSite or the BombSite account are copyrighted to BombSite and remain the full ownership of BombSite.
12.1 Any external use of the BombSite website template designs is prohibited without express written consent of BombSite.
12.2 The account holder retains copyright to data, files and graphic logos provided by the account holder, and grants BombSite the rights to publish and use such material. The account holder must obtain permission and rights to use any information or files that are copyrighted by a third party. The account holder is further responsible for granting BombSite permission and rights for use of the same and agrees to indemnify and hold harmless BombSite from any and all claims resulting from the account holders negligence or inability to obtain proper copyright permissions. Evidence of permissions and authorities must be held by the account holder and may be requested.
13.0 Intellectual Property. Any functions, coding, programming or other systems created by BombSite remains the property of BombSite at all times.
14.0 Design Credit. A link to BombSite will appear in either small type or by a small graphic at the bottom of the account holders web site. If a graphic is used, it will be designed to fit in with the overall site design.
15.0 Content. BombSite reserves the right to remove or exclude without prior notification material from the account holders website if it is deemed to be illegal, obscene, defamatory or offensive. BombSite requests any content found to be potentially illegal, obscene, defamatory or offensive to be reported to info@bombsite.com.au
15.1 BombSite does not permit any adult content on any BombSite website or account holders website whether it is legal or not.
15.2 BombSite does not permit any abuse of the service provided both via the account holders website, or the account holders email address(es) provided by BombSite. Any use of the service promoting, but not exclusive to spam, bulk email, suspicious email content is not permitted.
16.0 Warranty. BombSite does not provide any warranty, either expressed or implied, which falls outside of the function of the account holders website.
17.0 Domain Names. BombSite may purchase domain names on behalf of the account holder. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of BombSite.
18.0 Hosting. BombSite website are only hosted on BombSite provided servers.
18.1 The account holder is permitted to transfer the domain name away from BombSite domain name and hosting servers providing there are no outstanding debts with BombSite.
19.0 Confidentiality. BombSite will not use other than for this Agreement, or disclose to any third party any knowledge or information obtained by or imparted to during or in connection with the fulfilment of this Agreement which is a confidential nature relating to the business strategies, products, services or processes related to the account holder. The obligation of this confidence will cease to apply regarding any information BombSite is required to disclose by law.
20.0 General. These Terms and Conditions supercede all previous representations, understandings or agreements. The account holders initial account payment constitutes agreement to and acceptance of these Terms and Conditions. BombSite reserves the right to change any of the Terms and Conditions at any time and without prior notice.
21.0 Governing Law. This Agreement shall be governed in accordance with the laws of the State of New South Wales in the Commonwealth of Australia.
