TERMS AND CONDITIONS
These terms and conditions (the “Terms and Conditions”) govern the use of www.cleverdogdesign.com (the “Site”). This Site is owned and operated by cleverdogdesign.com. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
All content published and made available on our Site is the property of cleverdogdesign.com and the Site’s creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Harass or mistreat other users of our Site;
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site;
- Hack into the account of another user of the Site;
- Act in any way that could be considered fraudulent; or
- Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Website Design, Development, Hosting and Domain Name purchase.
The following services are available on our Site:
- Web Hosting;
- VPS Servers;
- Email Hosting;
- Domain Name Purchase;
- Web Site Design;
- Web Site Development;
- General Design Services;
- Animation; and
- Video Editing.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Your subscription automatically renews and you will be automatically billed until we receive notification that you want to cancel the subscription.
To cancel your subscription, please follow these steps: Subscriptions can only be cancelled after the initial contracted period has completed and 30 days notice must be given.
We offer the following free trial of our goods and services: a 1 Month free trial maybe offered from time to time.
At the end of your free trial, the following will occur: At the end of the trial your credit card will be charged unless you cancel your subscription.
To cancel your free trial, please follow these steps: To Cancel your subscription email firstname.lastname@example.org.
We accept the following payment methods on our Site:
- Credit Card.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds for Goods
All goods sold on our Site are non-refundable.
Refunds for Services
We provide refunds for services sold on our Site as follows:
- We guarantee that our datacentre network and virtual server environment will be availabile 99.9% of the time in a given month, excluding scheduled maintenance.
Datacentre network means the Fastdog network from our outbound port to the datacentre’s internet links, through to the ethernet port on your cloud hardware. It also includes the storage network.
Virtual server environment means the hardware and software running on our host servers – that is, everything required for your cloud server to be running.
What is not covered?
Network outages that occur past the edge of our Fastdog network at the datacentre. We think this is fair, as we have no control over the availability of outside networks.
Individual applications or services (such as SSH and HTTP) on your cloud server are not covered because Fastdog is an unmanaged service. If you reconfigure or otherwise alter your cloud server you may inadvertently interrupt your user’s access to that application or service.
The Fastdog website – including the mPanel web application – are not covered. Most customers once setup will rarely need to use the website, so we feel it is reasonable to exclude it from our guarantee.
What are the penalties?
99.9% means the maximum allowed downtime per month is 43 minutes.
If the availability of our datacenter network or virtual server environment is below 99.9% in a given month, we will credit your account with 5% of your monthly fee for each additional 30 minutes of downtime, up to 100% of your monthly fee for the affect cloud server.
To provide an example: if our datacentre network or virtual server environment is unavailable for 120 minutes in the month, that is 77 minutes over our SLA. As that is two additional 30 minute periods, you would be entitled to a credit of 10%.
To receive an SLA credit, customers must contact support within 30 days and provide the following details:
Hostname/s of affected server/smPanel
Start of outage
Duration of outage.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
cleverdogdesign.com and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless cleverdogdesign.com and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the State of Queensland.
Subject to any exceptions specified in these Terms and Conditions, if you and cleverdogdesign.com are unable to resolve any dispute through informal discussion, then you and cleverdogdesign.com agree to submit the issue first before a non-binding mediator and to an arbitrator in the event that mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and cleverdogdesign.com. The costs of any mediation or arbitration will be paid by the unsuccessful party.
Notwithstanding any other provision in these Terms and Conditions, you and cleverdogdesign.com agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
(07) 2111 8469
1 Ballinger Road Buderim QLD 4556
You can also contact us through the feedback form available on our Site.
Effective Date: 8th day of March, 2022