Terms & Conditions

Web Design Terms and Conditions

28 November 2006

By using Neubreed Design Pty Ltd’s web design service, and signing up as a client, you agree to be legally bound by these terms and Conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these terms and conditions stated here without modification, you may not use the Neubreed Design Pty Ltd service. Neubreed Design Pty Ltd may revise these terms and conditions at any time by updating this posting.

General Terms and Conditions

These terms and conditions shall govern the use of the Neubreed Design Pty Ltd website and the purchase of any goods or services from it. The website is owned and operated by Neubreed Design Pty Ltd (ABN 56 092 415 720 ).

Please note that by accessing, using or browsing this website you agree to be bound by these terms and conditions. Neubreed Design Pty Ltd reserve the right to amend or update these terms and conditions at any time without providing notice. By using the website, you acknowledge that you have read and understood these Terms and Conditions.

Should you have any questions, please contact Neubreed Design Pty Ltd at prior to ordering from this website.

Copyright in the neubreed.com.au website is property of Neubreed Design Pty Ltd. Material on this website also comprises copyright material, trademarks and registered trademarks which are the property of Neubreed Design Pty Ltd and third parties. This property may only be used for the purposes of browsing the Neubreed Design Pty Ltd website and acquiring goods and services of Neubreed Design Pty Ltd.

Authorisation to Use; Permitted Uses

You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may

1. Display the Web Site on an internet access device, and
2. On an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under Australian copyright law, print copies of insubstantial portions of the Web Site. Except as expressly authorized by the foregoing sentence and as otherwise permitted herein, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site.

Operation of Web Site

The Company shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. The Company reserves the right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although the Company intends to use commercially reasonable efforts to make the Web Site and Service accessible, the Company makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability. The Company may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. The Company shall not be responsible for any loss, cost, damage or liability that may result.

Limitation of Liability

Any liability of Neubreed Design Pty Ltd in connection with goods or services supplied to you will, at the election of Neubreed Design Pty Ltd, be limited to:

1. In relation to goods, the replacement of the goods, the supply of equivalent goods, or a refund of the cost of the goods.
2. In relation to services, the supplying of the services again, the supply of equivalent services, or a refund of the cost of the services.

You further acknowledge and agree that Neubreed Design Pty Ltd will not be liable to you or any other person for any direct or indirect damages resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Disclaimer

The information contained on the website is provided by Neubreed Design Pty Ltd in good faith. To the best of Neubreed Design Pty Ltd's knowledge, the information is accurate and current, however, Neubreed Design Pty Ltd do not make any warranty as to the accuracy or completeness of the information.

Orders

We reserve the right to cancel your order if verification fails. This is as much for your security as it is for ours.

By following the instructions below you can ensure the verification process is successful:

1. Provide the billing address details for the card used.
2. Provide a fixed line phone number.
3. Provide an email address other than one from a free email provider like Hotmail.

Neubreed Design Pty Ltd will pass on any information relating to suspected fraudulent activity to appropriate authorities.

All information is held securely by Neubreed Design Pty Ltd using Secure Sockets Layer (SSL) software and is protected by state-of-the-art encryption and firewall technology.

You are solely responsible for maintaining the secrecy of your username and passwords and any account information. Please be careful and responsible whenever you are using the internet and Neubreed Design Pty Ltd.

Product Information

Prices of goods and services, delivery and other charges displayed on the Neubreed Design Pty Ltd website are current at the time of display. These prices are subject to variation without notice.

We will always attempt to be as accurate as possible with our product descriptions and pricing. However, we are unable to warrant that product descriptions or other content of the website is accurate, complete, reliable, current or error free.

Placing and Accepting Orders

Orders will not be dispatched until payment in full has been received and Neubreed Design Pty Ltd is satisfied with the integrity of the order.

We reserve the right not to provide goods or services, or cancel orders (or part thereof) at our sole discretion at any time and we will not be held liable for loss or damage arising from the exercising of these rights.

If you need to cancel an order, please contact us immediately. Once we have accepted payment for an order, cancellation of the order is within our sole discretion. Orders that cannot be cancelled will be subject to our terms and conditions relating to returns and exchanges.

Payments that are overdue will accrue at the rate of 10% calculated daily from the due date, until paid in full to the Company.

Copyright Information

Copyright © 2003 by Neubreed Design Pty Ltd All rights reserved. Unless otherwise indicated, all materials and intellectual property on this web site, including - concepts, design, text, layout and graphics are owned and copyright by Neubreed Design Pty Ltd and protected by copyright under the laws of Australia and other countries. All rights reserved.

Privacy Policy

Neubreed Design Pty Ltd is strongly committed to protecting your privacy while interacting with our content, products and services. We want to provide a safe and secure environment for you and your children.

The purpose of this Privacy Policy is to tell you what kind of information we may gather about you when you visit our site, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct this information. Our policy allows you to choose what kind and how much information you provide to us and to control how we use whatever information you give us. Our goal is to provide you with a satisfying experience while allowing you to control your privacy and to give you a means to voice any questions or concerns you may have.

This policy applies only to neubreed.com.au and not to other companies' or organisations' websites to which neubreed.com.au is linked.

Collection of information

Information is collected from you primarily to make it easier and more rewarding for you to use our services. Depending on the service you are accessing, you could be asked to provide information such as your name, email address or information about what you like and do not like. It is entirely your choice whether to respond to these questions or not.

neubreed.com.au collects two types of information. The first type is anonymous information. For instance, we may collect information to tell us that five thousand people visit this Privacy Policy today, but we do not know their names, where they live or their date of birth - they are 'anonymous' to us. Many of the individuals who access our services are anonymous to us.

The second type of information that neubreed.com.au collects is personal information. neubreed.com.au will collect personal information that lets us know the specifics of who you are such as your name, email address, or postal address, when you provide it to us. With this information, neubreed.com.au can provide a variety of personalised and enhanced services that are not available to anonymous users. We hope that you will find it beneficial to provide individually identifiable information about yourself to us because it will make our services more valuable to you.

Sometimes, we may specifically ask for personal information about you when you sign up to use a service or submit a request. Certain information may be required, such as your name, company, internet address or screen name, billing address, type of computer or credit card number in order to provide that service or product to you. This information may also be used to inform you of additional products and services which may interest you. You can choose not to receive such information when you are undertaking product or service registration on our website. We may also ask about your interests, but it is your choice whether to respond. How much of your personal information that you choose to disclose to neubreed.com.au is completely up to you. The only way we know something about you personally is if you provide it to us, for example when you leave feedback on our website.

Use of anonymous information

neubreed.com.au automatically gathers anonymous information to monitor the use of neubreed.com.au like the numbers and frequency of visitors to neubreed.com.au and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This collective data helps us determine how much our audiences use parts of the site, so we can improveneubreed.com.au to assure that it is as appealing as we can make it for as many users as possible. neubreed.com.au may publish or provide this aggregate data to other people.

Use of personal information

neubreed.com.au will only use the personal information you have chosen to provide us for the purpose for which you provided it. neubreed.com.au will not use it for any other purpose without your consent.

Cookies

The neubreed.com.au site currently does not store personal information in cookies or leave cookies on your system.

Disclosure

There will be occasions where it will be necessary for Neubreed Design Pty Ltd to disclose your personal information to third parties. Neubreed Design Pty Ltd may be required by law to disclose the information, or Neubreed Design Pty Ltd may be required to disclose your personal information to third parties to provide the service you have requested, for example, if you purchase products or services from Neubreed Design Pty Ltd, Neubreed Design Pty Ltd will need to disclose your personal information to third parties in order to bill and deliver your products or services. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information. Otherwise than stated above, we do not disclose personal information that you may give us, such as your name, address, email address or telephone number, to any organisation or person outside Neubreed Design Pty Ltd unless you have authorised us to do so. For example, when you contribute to an online forum you may want to publish your name and email address.

No sale of personal information

Under no circumstances will neubreed.com.au sell or receive payment for licensing or disclosing your personal information.

Interacting with neubreed.com.au

There are many interactive features on neubreed.com.au that you can contribute to. These include: Feedback forms, Project requests, Online Voting, Project management and Email.

When interacting with neubreed.com.au, we suggest that you use your discretion and exercise caution when providing your personal information.

Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any personal information. Be responsible whenever you are online.

Access and correction: personal data

If neubreed.com.au holds your personal information Neubreed Design Pty Ltd will where possible provide you with access to the information. Neubreed Design Pty Ltd will take reasonable steps to correct the information so that it is accurate, complete and up to date.

Security

Neubreed Design Pty Ltd operates secure data networks that are designed to protect your privacy and security.

Complaints about privacy

If you have any complaints relating to online privacy issues on our websites, please notify Neubreed Design Pty Ltd via our contact form. While Neubreed Design Pty Ltd accepts no liability for any material or links posted to the service, we will investigate all complaints.

Changes to neubreed.com.au privacy policy

If we decide to change the neubreed.com.au Privacy Policy, we will post those changes here.

Acceptable Use Policy

This is Neubreed Design's Acceptable Use Policy. It applies to you if you are an Neubreed Design subscriber or user ("you"). It is intended to ensure that your use of Neubreed Design's service is trouble free and that you have due regard to the law and the needs of other users. Please read it carefully. It is a condition of your use of our service that you comply with the terms of this Policy.

Terms Of Hosting Services

DOMAIN REGISTRATION

1.) Neubreed Design Pty Ltd will accept all new registrations and verify the domain name via email and register them as soon as possible after payment has been processed and verified.

2.) The domain name registration period runs for two years from the date of registration.After this time period has lapsed registration renewal may be made upon receipt of payment of
renewal fees.

3.) Once a registration request has been completed no refunds can be made by Neubreed Design Pty Ltd. No refunds can be made if registration attempts have been made by the registrant within 48 hours of attempting to register the domain through Neubreed Design Pty Ltd.

4.) Until the registrant receives confirmation of registration from Neubreed Design Pty Ltd there is no guarantee that the domain name requested will be registered.

5.) Neubreed Design Pty Ltd will do all they can to ensure that the registrant's details are submitted correctly during registration. As our system is automated the customer is advised to check that their details are correct before submitting the domain for registration.

6.) The registrant agrees that all details submitted in respect of a domain name registration are true and correct. The registrant makes certain to Neubreed Design Pty Ltd that the registration of a domain name and the way in which it is used (directly or indirectly) does not infringe the legal rights of any third party. Neubreed Design Pty Ltd do not accept any responsibility for the use of registered domain names especially where there may be conflict over rights to ownership. The registrant indemnifies Neubreed Design Pty Ltd from any legal proceedings and costs that arise as a result of the registration of a domain name.

Hosting accounts can be terminated by Neubreed Design Pty Ltd if they are being misused by the user. Neubreed Design Pty Ltd reserves the right to suspend any webhosting account.

The hosting of, reference to or linking to any of the following is not allowed:

- Anything of an illegal sexual nature such as Paedophilia or Bestiality etc
- Gambling sites
- Violations of any copyright or any other right of any third party.
- Threatening, abusive, harassing, defamatory statements.
- Promotion of illegal activities (info on hacking, cracking etc)
- Hosting or linking to copyrighted files without permission
- Information, instructions, or software containingabout any kind of virus.
- Hate speech or hate propaganda.
- Content that links to content that violates Neubreed Design Pty Ltds TOS
- Scripts or systems that cause server performance to decrease or cause a
serious problem with the smooth running of the server.
- Misrepresentation of member's identity, or the impersonation of anyone.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission
- Content that is deemed by Neubreed Design Pty Ltd, in its sole discretion, to be
harmful to Neubreed Design Pty Ltd, another company or organisation, or individual.
- Solicitation or sale of any products or services that are harmful & illegal
- Multiple site hosting within one Virtual Server unless a full reseller account is purchased.

Neubreed Design Pty Ltd will not be responsible for any damages your business may suffer. Neubreed Design Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. Neubreed Design Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, nondeliveries, wrong delivery, and any and all service interruptions caused by Neubreed Design Pty Ltd and its employees.

Alterations to Terms and Conditions

Neubreed Design Pty Ltd reserves the right to adjust the terms and conditions of service at any time and these will typically be done by e-mail to customers, and edited online, but changes to the terms may not be broadcast.

Bandwidth / High Resource Users

Sites are subject to network abuse and high resources.
Any user which uses high resources, or high bandwidth which effects other customers and server performance, may have their site temporarily closed or the owner contacted to resolve the issue.

Extra bandwidth can be bought in such situation.
Neubreed Design Pty Ltd reserves the right to adjust the terms and conditions of service at any time.

Payments, Refunding & Replacement Services

1) No refund can be produced for any site which violates our terms
2) No refund can be issued after 30 days of purchase
3) Refunds are exclusive of domain registration costs at all times
4) Account holders can cancel their account within 48hrs to receive a refund excluding domain registration costs. No refunds can be issued after this period of time.

Any false, fraudulent or forced chargebacks which are not permitted will be investigated and the help of the Postal Service and International Police Service can be used to investigate fraudulent charge backs after a service has been provided to the end user.

You are requested to contact us via our contact form for all payment related issues.

Uptime Guarantees

Neubreed Design Pty Ltd offers an uptime guarantee, if a website is offline for a certain amount of time per month Neubreed Design Pty Ltd offers an upgrade on the hosting account. This is only available upto 2 times per webhosting account, and Neubreed Design Pty Ltd reserves the right to choose whether the upgrade is suitable. This offer excludes downtime due to network connectivity issues, datacenter problems, shedules downtime, essential maintenance, upgrades or issues created by users on the account.

If you have an enquiry please contact our support team.

Graphic design Terms and Conditions

28 November 2006

By using Neubreed Design Pty Ltd’s graphic design service, and signing up as a client, you agree to be legally bound by these terms and conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these terms and conditions stated here without modification, you may not use the Neubreed Design Pty Ltd service. Neubreed Design Pty Ltd may revise these terms and conditions at any time by updating this posting.

Logo Design Terms & Conditions

28 November 2006

By using Neubreed Design Pty Ltd’s logo design service, and signing up as a client, you agree to be legally bound by these terms and conditions, including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these terms and conditions stated here without modification, you may not use the Neubreed Design Pty Ltd service. Neubreed Design Pty Ltd may revise these terms and conditions at any time by updating this posting.