Chilli Websites Terms of Service
Agreement between ‘the customer’ and Chilli Websites (the company)

1.0 Chilli Websites will not accept responsibility nor liability for any misrepresented data or information that may appear in the Customer’s web site, or loss of earnings through misrepresentation of this data.

2.0 Chilli Websites reserves the right to exclude without prior notification material from the Customer’s web site if it is deemed obscene, offensive or defamatory. Please report any potentially obscene, offensive or defamatory material to abuse@chilliwebsites.com .

2.1 Chilli Websites does not permit adult content on the Customer’s web site whether legal or not.

3.0 Chilli Websites does not offer any warranty, expressed or implied, outside of the agreed function of the web site, or other online service provided to the Customer by Chilli Websites.

4.0 Chilli Websites reserves the right to withdraw without prior notification its provision of services at any time that it becomes aware of or is notified of the misuse, abuse or illegal use of said services contrary to any statutory regulation or law governing the relationship between Chilli Websites and the Customer.

5.0 All information, web site data, mail messages and other data stored on Chilli Website’s equipment is treated as private and solely the property of the Customer at all times and will not be duplicated, copied, reproduced or viewed publicly in any way except with express or implied permission of the Customer and/or for the purposes of Chilli Websites’s back-up services and/or providing the Customer with its support services.

5.1 Chilli Websites cannot accept responsibility nor liability for any data or information that becomes available by such means against the wishes of the Customer.

6.0 The Customer undertakes that the Customer’s data (where stored or sent over the Internet) will not contain anything obscene, offensive, defamatory or breach any statutory regulation or law. The Customer will indemnify Chilli Websites and keep Chilli Websites fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Chilli Websites as a result of any breach of the said undertaking.

7.0 Chilli Websites provides no guarantee about the actual methods by which components of each service will operate, nor their “fitness for purpose”. The Customer should satisfy themself about the suitability of a service before activating the service. The only recourse for the Customer in the event a service is deemed not suitable, is to terminate the service.

Invoicing and Payments

8.0 The Chilli Websites service (web design, email, and hosting) is offered as a pre-paid service. Chilli Websites reserves the right to adjust the cost of hosting, email, Internet and related services offered at any time. Any pricing changes will affect the Customer at the Customer’s next due date. If the Customer does not accept the change, and cannot negotiate an acceptable alternative, they may advise Chilli Websites of their intention to terminate the service, and may continue to use the service for a period of ninety (90) days at the previously charged rate, while they make alternative arrangements.

8.1 Upon activation of service, the Customer is given a ten (10) day “free trial” period and an invoice is generated to the Customer payable in ten (10) days.

If any invoice remains unpaid:

A reminder “coming due” email is sent to the Customer five (3) days prior to the due date.
One (1) day after the due date the web site and any and all associated services may be temporarily suspended.
A reminder “overdue” email is sent to the Customer ten (10) days after the due date advising that the Customers service has been suspended and all services may be deleted from the server.
Ten (10) days after the due date the web site and any and all associated services may be permanently deleted from the server. Any requests by The Customer for a return of services past this date may be granted at the discretion of Chilli Websites but there will be an additional administration fee.

8.2 As an ongoing pre-paid service an invoice is generated to the Customer fourteen (14) days prior to their currently paid term of service expiry.

8.3 Any unpaid invoiced work undertaken at the request of the customer will be set against the Customers account and may cause suspension of service if unpaid by the due date.

9.0 Custom designed and/or customised template designs on Chilli Websites’ server(s), and web sites converted from an existing design to use the Chilli Websites’ Content Management System are subject to these terms and conditions as applicable.

9.1 Any modifications and/or customisation to a web site on Chilli Websites’ server(s) is done as a modification to that individual web site and is not necessarily applied to any future template or design change done or requested by the customer.

9.2 Custom design web sites not based on an existing template built into the Chilli Websites Content Management System remain the property of the customer. However to convert the web site from a Chilli Websites Content Management System web site to a static web site will incur additional cost.

9.3 Any web site converted from the Chilli Websites Content Management System into a static web site will not retain any advanced functions. These function include, but are not limited to: the Content Management System, enquiry forms, newsletter system, shopping cart, product catalogue, directory listings, and/or search facilities.

10.0 Chilli Websites makes no warranty, express or implied, for the uptime of the Chilli Websites service. Chilli Websites cannot be held responsible for any losses incurred to the customer due to network outages, server failures, human error, acts of god, or other means by which the Chilli Websites service may not remain online for indefinite periods.

11.0 Chilli Websites cannot be held responsible for any loss of data that may occur through the use of the Chilli Websites Service. We recommend that the customer keeps regular backups of ALL of their data.

12.0 POP3 and SMTP services on the customer’s domain name is available only during the customer’s period of subscription to the Chilli Websites services.

13.0 The customer may, at any time, transfer their domain name away from Chilli Websites to an alternative hosting solution, providing that the customer has no outstanding debts with Chilli Websites. Chilli Websites is not responsible for any third party charges incurred by transferring a domain name away from Chilli Websites.

13.1 Domain names registered as part of the Chilli Websites package must be paid for on a pro-rata basis for the remainder of the domain name registration period if the Customer wishes to transfer the domain name hosting to another provider.

14.0 Domains registered by Chilli Websites for the Customer are final and cannot be changed. Any changes will require a new domain registration.

15.0 Chilli Websites web sites will only be hosted by Chilli Websites unless otherwise agreed upon by both parties.

16.0 The Customer does not own nor have any rights to any design, software nor the Content Management System (CMS) associated with their Chilli Website. The only part of the Customer’s web site which is the property of the Customer and may be taken by the customer upon termination of their Chilli Websites service is the content (images, files and copy) placed on the web site by the Customer or their agent(s).

17.0 The Customer understands that they do not own nor have exclusive rights to the design “template” of their web site. Chilli Websites will not oppose the Customer branding their company based on the design of their Chilli Websites but the Customer may not take nor reproduce the web site design upon termination of their Chilli Websites service.

18.0 The standard Chilli Websites web site allows the Customer to store up to 2 gigabytes of data (images, files, copy and database data) on the server. The standard Chilli Websites web site allows for a maximum of 2 gigabyte (gb) of data transfer per month. Any accounts which exceed these limits will be notified in writing and may be subject to an additional charge.

18.01 The maximum individual file size allowed to be uploaded is 8mb. This includes, but is not limited to, photos, PDF files, Word Documents, movie files, audio files.

18.1 The standard Chilli Websites web site allows the Customer to have up to 5 top level domain email addresses (i.e. john@yourbusiness.com.au). Additional email addresses may be purchased.

18.11 Email traffic is included in the Customers data transfer allotment. Emails (and associated attachments) left on the server are included in the Customers data on the server allotment.

18.2 The Customers web site statistics will be retained for one year. The log files required for web site statistics are included in the Customers data on the server allotment.

18.3 The Customers ChilliMail marketing database included free with the Customer’s Chilli Website allows for up to 1,000 email addresses. Additional database storage for marketing email addresses may be purchased as per the pricing page on the www.chilliwebsites.com web site.

18.31 Email traffic generated using ChilliMail is included in the Customers data transfer allotment.

18.32 The Customer agrees to abide by the Chilli Websites Anti-Spam policy as posted on the web site at www.chilliwebsites.com/terms/anti_spam_policy.asp .

18.33 Chilli Websites actively monitors email sent using ChilliMail (inlcuding automated checks on content and email addresses, manually reading emails flagged as suspicious by automated processes, and manually reviewing email lists flagged as suspicious by automated processes) for the purpose of determining spam.

18.34 Chilli Websites reserves the right to immediately and indefinitely suspend any Chilli Websites service or services at any time upon suspicion of the Customer using ChilliMail to send spam.

19.0 Chilli Websites reserves the right to immediately and indefinitely suspend any Chilli Websites service or services at any time.

19.1 Chilli Websites reserves the right to terminate any Chilli Websites service or services at any time.

20.0 Chilli Websites cannot be held responsible for any text, photography, audio, motion imagery, or other digital media stored on our servers for Customers to whom the copyright does not belong. The Customer will indemnify Chilli Websites and keep Chilli Websites fully and effectively indemnified against all actions, proceedings, claims, demands, damages and costs (including all legal costs on a full indemnity basis) occasioned to Chilli Websites as a result of said infringement.

21.0 Support requests and problem reporting must be made in writing (via email to support@chilliwebsites.com ). Telephone support and problem reporting is not guaranteed to be followed up.

22.0 It is the Customer’s responsibility to ensure the Customer’s contact details (particularly email address) are current and accurate in “My Profile”. General notices, price changes and changes to any and all services are broadcast to the Customer’s email address as recorded in their “My Profile”.

23.0 If any provision of these Conditions is in conflict with other published information (including information on the www.chilliwebsites.com web site) these Conditions prevail.

24.0 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.

25.0 This agreement shall be governed by and construed in accordance with the laws of the State of New South Wales in the Commonwealth of Australia.