Ozcart Ecommerce Packages Terms and Conditions

Please note: these terms and conditions are for customers purchasing website services from us. If you are reading these terms because you have a dispute with one of our customers, you are advised to take this up with the appropriate consumer affairs department in your state or the ACCC, as we will not involve ourselves in the business activities of our customers and cannot act as a message service for them either. We cannot give out personal information that is not otherwise publicly available about contacting our customers either as we have a duty to our customer's privacy and are not in the position to judge them.

Names

In this document, Ozcart ("Ozcart", "Ozcart Ecommerce", "Us", "Our") refers to the Ozcart Ecommerce service and provider, as provided by Osc Works (ABN 75 755 204 030). Ozcart is a registered trademark of Osc Works. Our "Website" refers to the website www.ozcart.com.au and the subdomains on it.

Scope
This document relates to Ozcart version 3.0 and above and is correct as at 15-May-2013. These terms are subject to change and it is the customer's responsibility to check these terms and conditions on a regular basis as these conditions form part of your agreement with Us. For terms and conditions for Ozcart version 2.x, please contact us if you have not previously downloaded a copy, as these are no longer published on our Website.
All changes in terms will be published as part of updating this document and supersede any terms prior to those. Using your site after changes in terms constitutes acceptance of these terms. Customers agree that changes of our terms cannot be used as grounds for non-payment or early cancellation of an ongoing account with us.

Licensing: Publisher and Author of the web site
All Ozcart shopping cart software and CMS systems are provided as a hosted solution only, unless separately agreed with us prior to purchase of a subscription. It is NOT released to you as distributed software. This means that what you are paying for is space on our PCI DSS complaint servers, customisation of the front end to suit your business and ongoing hosting and support. Hosting cannot be separated from the product because it is part of the product bundle. You are not paying for the software or assuming any rights at all to the software itself. You are using it behalf of Us. This means we provide access for our customers to your website and its functionality in an Application Service Provider User capacity. You as our customer license temporary rights to use the website via the admin interface we provide but do not assume any ownership of the software or status as the licensed applications user. You own the copyright to content created by you using the admin tools on our website. You do not own the site design if this is created by us.

The software is not installed on computers owned by the licensee or at the licensees premises.

This means that ownership rights do NOT transfer to you, the customer, by using the Ozcart service. Customers in effect rent access to the ecommerce service, which remains the sole property of Ozcart. Customers retain ownership of the data they create using the system: their order details, and their customer names etc as can be exported using the Export facility in customers administration areas. Customers do not have access to or any ownership rights of programming code, design files, database content, or system passwords.

Logos and Domain names
Any logos or images you provide us do remain your property and copyright. Domain names are licensed under Domain Name Requirements and are subject to those rules, not the above ones.

Software licenses
We remain the owner of all technologies used under the rights of those licenses, and on this basis the licensee is not entitled to or able to receive a copy of the software and rights for the underlying technologies, associated licenses, customisations and their code remains with Us. They are not transferred to you as the user of the website. Our customers are not entitled to any source code access. You as our customer access the functionality remotely via the Internet through the admin panel provided in your web browser. We strongly recommend the customer uses a broadband connection. Logging into the Ozcart shopping cart admin panel is deemed to be acceptance of our terms.

Design Ownership
Ozcart retains all copyright on designs prepared for customers, unless otherwise explicitly stated. The customer retains ownership of their logo and graphic components provided but the overall design prepared by Ozcart remains the property of Ozcart.

Responsible Use
It is your responsibility to ensure your web site(s) do not breach our content terms and conditions or interfere with the server functions for other users. This includes any contractors you hire or engage, and any others who are given access to log in to your administration area.

Eligibility
There is no contract term on any ecommerce and CMS package but you must be old enough to form a legally binding contract (i.e. be 18 years or older) and you must be willing to provide us with greater than 7 days written notice via the Support ticket system on Our Website if you wish to cancel your account (otherwise you will be liable to make an additional month's payment).

Cancellation
For customers on Corporate VPS or Dedicated Server plans note the amended cancellation terms as per the section Dedicated Servers below. Any dedicated server terms supercede other stated terms elsewhere in this document.

All outstanding invoices generated by the system must be fully paid before an account can be cancelled. To avoid paying for another billing period, you therefore need to give us more than 7 days notice in writing via Our Support ticket system. You must have received a ticket number and response from us in writing to confirm that your account is actually cancelled. We will not accept general emails or phone requests for cancellation as official cancellation notice. Upon cancellation, any unused credits on your account or incomplete work is forfeited - unless previously agreed with us. If we cancel your account for any reason, we will not refund any unused portion of prepaid work even if work is not commenced or significantly progressed.
If we become aware of your account pointing to another provider and you haven't given us formal notice via the ticket system as above, we may at our sole discretion elect to cancel your account and website to prevent you incuring further fees from us. However, any outstanding generated invoices up until this point will be your legal responsibility to pay, even if you have not been using the service. We will not refund you for any unused time. Changing to another provider without notifying us is not notice of cancellation under our terms. You must use the official procedure stated above so you get a valid Ozcart ticket number as a receipt.
Cancellation without the appropriate notice in writing as per the ticket system confirmed by a verifiable ticket ID issued by our system will be deemed to not have been cancelled and you will continue to incur fees. This is to prevent fraudulent cancellations.

Indemnity
To the extent permitted by law, using our services indemnifies Us from any liability arising from activities undertaken by customers through any of not meeting our eligibility criteria or misuse of the system by you or your contractors/employees and/or resulting from any unplanned downtime or limitations of software functionality. We do not endorse the content hosted by or activities performed by you whilst using our services.
You are responsible for your business and we will not be held responsible for any aspect of your business. If your activities bring our business into disrepute in any way, cause our servers to go down from negative publicity about your business, or we become aware of any verifiable illegal business activities conducted by your business (including the sale of illegal or counterfeit products) using our resources or otherwise, or if we receive an authenticated verifiable such notice from a recognised Australian government department such as the ACCC, you agree that we reserve the right to suspend or terminate your account at our sole discretion, with no recourse to you.

While we will take reasonable care to ensure that designs are either fully licensed or unique depending on the package you have chosen and any specific agreement we have with you, you agree to indemnify Us against any breach of third party copyright or other intellectually property relating to any aspect of the graphics you provide us with or request us to use, and text/fonts etc in your site. Ultimately it is your responsibility to ensure that any graphics or text you ask us to add or add yourself are compliant with the applicable state and federal laws where the content is created and used.

We do not take responsibility for or provide advice on particular suppliers or third parties that you can use or endorse any third parties including payment and shipping providers, suppliers or other third parties. It is your responsibility to do your own due diligence on suppliers who you use with reference for your own business needs. You agree to indemnify us from any issues caused by third parties working with or for your business. For these same reasons we cannot and do not provide template terms, give advice on providers you can use for various business functions, accounting, etc.

Disk Space
Your disk space allocation depends on the package you have chosen. On version 3 of Ozcart there is approximately 200mb of your allocation taken up by system files themselves so we will make an allowance of this in your total space allocated to your account. Depending on the number of pages in your site, additional space will be used for performance caching of url aliases but this will count towards your total usage. If you have any questions or concerns about your disk usage please contact us in advance of running out of space so we can investigate and/or clarify.

Resource and Network Usage
In addition to your disk space and bandwidth, every website on our servers makes connections to the database as part of the normal operation of your store - saving and manipulating product, visitor, order, cart and customer data. We will manage the overall database service and CPU/RAM resource usage on each server with a view to maximising the end user experience and performance of as many of the sites on any given server at any given time. This means we put limits on the total number of connections an individual account can make to its database at any given time, and these limits are determined by the monthly package that you are paying for.
With a large number of simultaneous users making connections to your site (and therefore your database) it is possible to be within your monthly allocation of bandwidth and total disk space but still exceed the fair resource usage of the server your site is on at any given time. If this happens your site visitors may see the site slow down or see "Site Unavailable" messages in a similar way as if you had exceeded your bandwidth.
We make resource allowances for customers based on historical average usage and unique visitors for their respective monthly packages, as well as the behaviour of other customer's websites on a given server. We manage these limits at our sole discretion. As a general rule of thumb we will allow no one website to take more than 20% of access to the server's total database resources so if you expect a large influx of traffic it is your responsibility as a business owner to contact us to upgrade your plan or discuss your options. We are happy to answer questions for customers as required.
Excessive usage that affects the integrity or stability of an individual server may see your site temporarily suspended until your incoming connections drop.
If you exceed connection limits on the highest advertised plan you may require a custom plan on a different server which will need to be discussed with us separately. Please allow sufficient time for provisioning of a new server in circumstances like this. We will not be held responsible for any downtime caused by a large number of users to your site or exceeding server resources on your site, so please keep in contact with us if you are concerned about connections or the performance of your server. It is your responsibility to monitor your website as part of your business and inform us of any problems you feel we should investigate. We do monitor our servers but cannot possibly detect or react to every slowdown so rely on customers to inform us.

It is your responsibility to monitor the email address used on your billing account for important messages, as we will advise any actions that you need to take, if required, via this channel.

IP Addresses
Due to changes in global rules for IP addresses (the numbers that define your computer's or website's physical location on the Internet), we cannot allow customers to have separate IP addresses unless they have an active website on their domain name. Limits are applied on hosting providers such as ourselves to the number of IP addresses we can use for staging customer's websites and the length of time they can be non-live. We therefore require that customers who are building sites on non live domain names complete their sites in a reasonable period of time so that IP addresses can either be allocated to a live ecommerce site with encrypted checkout or returned to the IP pool. Customers taking longer than eight (8) weeks to get their site live will therefore be charged an additional monthly administration fee to cover the additional cost and administrative overhead in providing that non-live IP address to you. The exact charge at any given time is subject to change so please contact us if you expect to exceed 8 weeks to get your site live and are unsure.
We reserve the right to change IP addresses allocated to a website at any time and notify you by your email address on file - you need to make changes at your domain name provider to accommodate these changes. Customers who have domain names with us will have the process of IP address changes managed for them without any intervention required.
Content and Copyright
All products and services provided by Us may only be used for lawful and ethical purposes. This includes, but not limited to copyrighted material, unethical or objectionable content, or material we judge to be threatening, obscene or pornography. We do not allow pornographic sites. The customer agrees not to host such material. We reserve the right to refuse service based on these conditions, without notice. We assume by using our service that you hold the rights to any trademarks or content that you use on your site. We cannot be held responsible for any content that you add to your site, claims about your products and services, or the performance of your products. This is your business' responsibility.

Note that every site will include a copyright notice in the footer and link to our business. We reserve the right to determine where this will be placed, how it will look and what it will say. It is subject to change at any time at our sole discretion. This reflects our intellectual property in design, installation and configuration of your site. The notice cannot be changed, recoloured or removed in any way by you.

We do not guarantee W3C validation compliance for the HTML generated by the cart as Google has formally stated that it does not use this as a critical indicator for determining search engine rankings, and we cannot guarantee the content that is generated by various sub-components of the cart or user-generated content would be compliant either.

Browser Support and Compatibility Websites are designed to work in the major browsers in use in Australia, with version support based on released versions of browsers in production use. We will not officially support website browser versions that have less than 5% use in Australia as measured by StatCounter, or browsers that do not use Javascript.

Payment and Pricing
The customer agrees to supply full payment for the services received from us, on or before the time period during which such services are provided. Pending sites will not be delivered back to customers if there are outstanding invoices. You also agree that until and unless you notify us of your desire to cancel any or all services received more than 7 days ahead of your next due date, those services will be billed on a recurring basis and you will be fully liable for any renewal payments. Payments you have already made are non-refundable, especially for third party services like SSL Certificates.
If you want to cancel your account, you must follow our official cancellation procedure of submitting a ticket via the online Support ticket system on our Website. If we do not confirm receipt either directly or via a ticket number generated by our system, then you cannot assume we have received your request or have acted upon it.
All payments must be made by credit card via Visa or MasterCard only.
Current administrative fees (late fees etc) are shown in our schedule of administrative fees available at https://client.ozcart.com.au/knowledgebase/649/Administrative-Fees.html

We reserve the right to change the advertised price on products and services and any other charges at any time. Existing customers will be notified more than 30 days prior to any change in their billing cycle charges, however this is very rare as the last time we changed customer's monthly prices was 2007.

Promotional prices advertised on our pre-sales pages are not available to existing customers unless explictly stated. Upgrades do not qualify for new package promotions unless explictly stated.

All goods and services purchased for which payment has not been received in cleared funds, remains the property, internet property and intellectual property of Us. Purchased subscriptions are subject to the ownership rights described above.

Your account will not be created until funds have been received in full as cleared funds. It is your responsibility to ensure we have received funds by the due date to avoid suspension and/or termination of our products and services.

We reserve the right to change and refuse payment methods to clients at our sole discretion. If payment is not received on due date, we will suspend your account after a short grace period. Unless specified otherwise, all payments to Us are made by Visa or MasterCard only.

We may manually fraud check any order at our discretion. All orders are screened by our third party fraud checking screening service and any orders identified as high risk by their service may require a manual identity verification consisting of you scanning and sending to us a copy of the front and back of the credit card used to purchase the subscription with us, and verification of your billing address. We are required to manually authenticate certain transactions as part of the agreement we have with our credit card company and bank and you are therefore bound by these terms and conditions as well. We may suspend an account while this is processed at our sole discretion, so you will need to provide this information promptly to minimise disruption to your website.

You can cancel your agreement with Us by giving 7 days written notice via our Support Ticket System. A ticket number must be issued before you can consider that we have received this request and processing depends on you meeting the account standing criteria described above.

By signing up for a package subscription with us you authorise Osc Works to charge any credit card you have placed on file (currently or as a last-resort placed on file previously at our credit card provider) to make any payment that you owe, on or after the due date until it is paid.

Late Payments
(1) Late fees may apply to payments not received on time. Late fees at the current late fee rate may apply after 24 hours. Late fees may accumulate on a weekly basis at the sole discretion of us.
(2) After payment is not received for at least 3 calendar days, your website may be suspended or placed into pending delete mode depending on your account history of late payments without notice. Your account with us may be closed at our discretion after 14 calendar days have elapsed. This does not relieve your duty to make payments on your account or any outstanding monies. We may delete your website irrecoverably at any time on or after this date at our discretion.
(3) We also reserve the right to refer your name to a debt collection agency of our choice to recover the outstanding invoice, at our discretion. You will be responsible for all fees relating to this. (5) If an account is closed by us for non payment, then reactivation is at the sole discretion of Osc Works and reactivation fees apply if we agree to reactivate the site. Note that when an account is closed, whether it can be reactivated depends on whether the site is still in pending delete mode or whether it has already been completely removed from the server it was on. The timing of when pending delete sites are deleted depends on other server management factors such as space, load and workload of server admins. (6) Further late payments received from accounts that have been reactivated after being closed from non payment of accounts will result in your account being closed instead of a grace period applying. (7) Persistent late payments may result in your grace period being significantly reduced or specific payment methods being requested.

Credit Card Payments and access from high risk countries
If you have signed up using credit card your credit card will be debited for all future Invoices. Our system generates an electronic invoice 7 days prior to your package renewal date. You cannot cancel an invoice once it is generated.

We do not accept customers from countries at high risk of credit card fraud. These include India, Russia, Ukraine, Indonesia, Yugoslavia, Lithuania, Egypt, Romania, Bulgaria, Mexico, Turkey, Pakistan, Malaysia, and Israel. If orders are processed by our automated system they will be cancelled and the accounts suspended. Our services are designed for Australian, UK and New Zealand businesses, so access to websites from the above high risk countries has been blocked server-wide on a geographic IP basis. This means that these countries will not be able to access the front or administration section of your websites.

Manual card verification for international can take up to an additional 24-48 hours so international customers are urged to reply to their confirmation email with this detail as soon as they purchase a site through the checkout.

Payment of monthly fees by bank transfer
We no longer accept this form of payment.

High risk countries
We do not accept customers from countries at high risk of credit card fraud and may block traffic from these countries on any server without notice. These include Indonesia, Russia, Ukraine, Indonesia, Yugoslavia, Lithuania, Egypt, Romania, Bulgaria, Mexico, Turkey, Russia, Pakistan, Malaysia, and Israel. If orders are processed by our automated system they will be cancelled and the accounts suspended. We may also decline customers from China or other countries at our discretion.

Setup and completion time
We endeavour to complete websites as quickly as possible once we receive all the information we require. For customers transferring domains from other providers, setup time cannot commence until the domain has been transferred from the third party registrar. This is outside of our control.

If We require information from the customer, this will be collected before work on the site will commence.

Customisations (paid or free) require additional time depending on the elements requested. We will advise you of the timing for Custom development as this work will be quoted separately. Note that customisations are not transferrable between versions so if you later upgrade your store, any custom work would need to be requoted and that functionality may not be available on the newer version.

Custom design
The design process for custom designs is to develop an overall look and feel for the entire site, as the individual look of inner pages will be determined more by the cart software than the designers. We may be able to accommodate minor changes such as buttons or embellishments but we will not custom design every individual page of the site as part of our standard custom design package.

Graphical Banner Design
As part of the design process, we may ask you to select images from a stock photography library that we give you a link to. Images you select must be photographic in nature and not vector artwork as this is outside the scope of the work we do in the graphic design process. If you wish us to use graphical vector artwork, we may do this at our discretion based on material on file subject to licensing requirements. This additional work may need to be quoted as extra.

Support
Support for your website is provided via our support ticket system to help you find your way around menus, answer specific "how to" questions (within the scope of how the cart operates), troubleshooting with issues and problems with product, payments, content and shipping, resolving or explaining error messages when they occur, and answering general questions about how the site operates. We may be able to answer other generic questions and provide suggestions but these are provided on a best-efforts basis. We will take every reasonable effort to answer your question as efficiently and effectively as possible and we make our support service available 7-days a week, 365 days a year during business hours. We monitor our servers outside of support hours, and have emergency support available outside of hours for urgent site down issues provided the issues are still logged through our ticket system.
Support does not include: restoring block layouts if they are corrupted and not backed up by you (see section on blocks below), making changes and corrections to HTML, editing or correcting or uploading images, inserting banners, changing text in your site, integrating with third party applications not already listed as supported, setting up third party gateways, shipping and data feeds, integrating or using accounting software, importing products for you, supporting issues or setting up accounts at payment gateway or shipping provider ends. We cannot provide desktop support for setting up email clients or resolving problems on third party devices or software like firewalls, search engine marketing problems, anti virus programs or iphones/tablets. We will not implement changes from our free search engine marketing reports but we are happy to answer general questions about them. We may be able to provide quotes for non-included support services on a case by case basis but you will need to contact us for a quote and availability of such services is not guaranteed.
We request that when customers submit a ticket requiring us to reproduce an administration related issue that they are not also logged in and using their administration areas at the same time so that we can accurately trace the problem without any conflicts.


Block Layout
Support for adding or deleting elements from the block layout that is set up when your site is created is not provided as standard support. We do provide instructions on making changes as part of our manual and knowledgebase, but if you change column structures, add or delete elements of the sidebar, header or footer, this is not officially supported as it is a design issue, and any restorations or design changes to make adjustments or corrections to errors caused by this will be subject to administration fees. We may provide support on a best efforts basis at our discretion. We request that customers unsure make a backup of the block structure before making changes to it, or put in a support ticket to ask us first.

Knowledge
Whilst we strongly believe that Ozcart websites are easy to use, it is the customer's responsibility to ensure they have the necessary background knowledge to be able to start and manage an online business and can follow instructions and maintain their website. We provide a written manual for Ozcart 3.0 customers, knowledgeable support and a support ticket system as a backstop to catch or answer support enquiries but it is not our responsibility to train customers on the basics of using web based ecommerce software outside the specifics of using our system.
Revisions and custom design
Pre-prepared designs provided to us in advance will be quoted as a build rather than as part of custom design as the provided design may need to be modified to suit the way the cart works. Pre-prepared designs may take longer to implement and will not have unlimited revisions - either a set number will be agreed with the customer prior to work commencing or we will assume a maximum of 5 minor revision rounds.

Statistics We cannot keep access logs or storage records forever, and whilst we take care to ensure that we can keep accurate logs of server activity, these are purged periodically by us at our sole discretion. On average we will keep statistical data on usage for approximately one month but this may vary from service to service and depend on server configurations. For usage data stored longer that this time, we will delete data older than one month at our discretion not and in general not keep report data for longer than a year.

Checking and testing
As a store operator and business owner, its your responsibility to check any work completed by us, including the build of the site and renewal of SSL Certificates when they become due (the annual anniversary of the completion of your website). Websites will come with sample products and sample content, which is standard practice in web design - usually written in latin (e.g. ipsum lorem...). It is your responsibility to remove, edit or update this content as Osc Works does not do work on site content unless specifically engaged to do so. We will quote before completing any work on your website.

Functionality and designs
For Lite Design, not every base layout may have every feature available on the front page, even if other live websites in our portfolio have a particular design (as that customer may have paid for customised functionality). This applies even if a configuration option is available for it in admin (e.g. featured products, new products). Therefore, if a feature is particularly important to you, it is your responsibility to ask us about this before purchasing your website subscription. We can investigate and advise whether particular features are available on a given package and in a given layout.

The revisions provided as part of the customisation process continue until the site is signed off and build commences, or up to the limit of the package. Commencing the build is considered sign-off of the design by you. Website customisation will not be completed for free once the build commences, except to fix errors.

Pro Design offers you a custom, unique, look and feel but does not give you custom functionality. We will not change the functionality of Ozcart as part of a custom design unless it is prior agreed with us in advance (and quoted as an extra custom component if necessary at our sole ).
Refunds
We do not provide any refunds for a change of mind. We ask customers purchasing or upgrading to check features relevant and important to their business (e.g. shipping, payment and promotional tools) before purchasing. We do have a features request system, but we make no guarantee that any feature requested will be built, on what timeframe it will be built or whether it will be core functionality or a paid add-on.

We do not provide refunds for unpaid portions of advance prepaid accounts. If you cancel your account, any unused prepaid payments are forefit.

Third party components
Third party components such as the Australia Post Calculator (and other live calculators) are provided on an "as-is" basis, and we cannot take responsibility for the data returned by them. Customers using these calculators are subject to the terms and conditions of the provider of the Calculator (e.g. Australia Post). A similar binding applies to other live shipping data providers (e.g. Fastway, Smartsend, e-Go, Transdirect, TNT). We make no guarantees about the way they work or the data returned by these calculator as they are integrated with our cart on a best-efforts basis.

Live Calculators rely on third party servers which are not owned or operated by Us. We are not responsible for any downtime caused, inaccuracies, change in calculation methods, network or performance issues caused by using these third party servers or services.

Non-competitive declaration and agreement
Through using our demo on demo.ozcart.com.au or purchasing a subscription to an Ozcart website or working for a customer of Ours on our website, you declare that you not competing and will not compete with Us given the proprietary knowledge the customer is gaining access to of product concepts and software. The customer agrees not to compete with Our products in any way and will not develop (and have not developed) a competing shopping cart software product or similar product to the range offered by Us.

Selling Your Website Business
For customers on our Ozcart 3 and above there is no additional support charge for the new owners, as monthly administration support is included in your monthly fee - however a changeover fee applies.
For transfers of licensed user, there is no charge for a domain name transfer but a change fee applies. If We become aware of a transfer without being notified the customer's site may be suspended until this violation of our Terms and Conditions is rectified.

Custom script work
If you sell or cancel your site, and move to another provider, any custom script work that you have purchased for your site is forfeit. If you transfer ownership to another customer, those script changes stay with the site and transfer with it.

Website Support - Ecommerce customers
Monthly support is provided via our email ticket system. Help covers problems relating to your administration settings, setup of email accounts. Support does not include custom script changes, add-on modules or testing of your website. Should you require additional services or products fees will apply.

Please note that support is not offered by telephone - our knowledgebase and email ticket system are the only support methods we offer.

Underlying technologies
Ozcart v3 websites are not open source. The sites use proprietary technologies, with additional software components developed in-house to meet the specific needs of Our customers. Ozcart connects with third party technologies that are not the responsibility of Us and these are provided on an as-is basis with no guarantee of specific functionality or any specific activity or goal being achievable using them.

Logo Designs
Where a custom logo is developed, We take every reasonable care to provide high quality logos that meet customers business needs and do not infringe on third party intellectual property rights. However, we make no guarantee that any logo can be registered as a trade mark and does not infringe on any such rights. You agree that we are not responsible for any infringement of copyrights. It is your responsibility to ensure such infringement has not occurred.

Portfolio, Competitions and Awards
We may choose enter a customer's website in any web design or web business awards. We will usually advise the customer of this situation, but may enter these sites without prior notification at Our discretion.

Uptime, Errors and Security Upgrades
The uptime of the server is defined as the reported uptime from the operating system of the server minus scheduled maintenance which may differ from the uptime reported by individual services. Our uptime counter does not include any forced maintenance for critical server-wide security updates. We aim for the highest possible uptime, but make no uptime guarantees and will not be held responsible for any damages or losses as a result of unavailability of services. We do not warrant any particular fitness for purpose for services and disclaim any losses from a customer's inability to access services, or from defects, delays, omissions, errors/inaccuracies, server failure or any other performance slowdowns.
We monitor bandwidth, database connections and disk usage as closely as we can, but cannot guarantee that we will be aware of server issues as they occur and rely on reports by customers via the ticket system to be alerted to problems, including site dropouts due to exceeding bandwidth or disk space. We will not take responsibility for any downtime or losses from your site being down. It's your responsibility to notify us if your site goes down for any reason so we can take corrective action as quickly as is possible depending on the issue.

Testing, server moves, errors and error reporting
We do our upmost to provide the best combination of shopping cart software and service that we can but do not warrant that Ozcart Shopping Cart Software will operate in situations other than what they were designed for or that its operation will cover every possible business scenario, be uninterrupted or error-free.

By purchasing a license from us, you agree to test the basic operation your shopping carts checkout process before accepting customer payments and report any errors to us promptly. We will not be held responsible for any errors or downtime in your site or the consequences of those errors, but as per our obligations under Australian law (and our own pride in our product) we will do our upmost to fix reported errors as promptly as possible or provide workarounds for you.

Components that were not developed by us may also be subject to error and to provide fixes it may require us to consult with third parties. This means there is no promise of turnaround times on bugfixes. All issues reported are priortised based on their materiality in affecting the checkout process of your store and the highest priority issues will be addressed by us first. The prioritisation of support requests is at our discretion.

From time to time the hardware your website operates on may become insufficient for your traffic profile and we may move you to another server. If your domain name is not with us you will need to change your nameservers at your domain provider to point to the new servers. This will involve downtime while the servers on the Internet update their details and in the worst case scenario can take up to 48 hours to take effect. This is completely outside our control. We will do our best to notify you but may not be able to follow up with you if you do not respond. It is your responsibility to monitor the email account for announcements, the announcements page in our client area and our twitter page where we will publish important or urgent notices.

Unless the move is absolutely necessary due to hardware or downtime issues, we will make these changes at the times of the year when servers are at their quietest. As stated above, it is your responsibility to monitor emails from us as notifications about these changes will ONLY be sent by email to the email address you have on file in our billing system. Any follow ups are at our discretion.

We will not be held responsible for loss of data or traffic due to these changes as it is your responsibility to make the changes to nameservers when we request them to be made.

Given the above conditions, you accept that you will report errors promptly and politely, and that Osc Works will not be held responsible for loss of revenue, profits, goodwill, data or traffic loss which arises out of or in connection with Us, whether or not we have been advised of the possibility of such loss. Osc Works understands that where errors occur you will be frustrated but does not tolerate the use of abusive or aggressive language in reporting errors.

Please also see the separate section about Support conditions as above.

Search engine indexing
We submit your site to the search engines when created, and on some packages may resubmit to search engines but there is no guarantee of rankings or indexing of your site in search engines as these factors are outside of our control. If you want your business to succeed, it is your responsibility to market and promote your site, as well as build links from credible and relevant websites and directories.

Spam - zero tolerance policy We have a zero tolerance policy to spam. We reserve the right to make any changes, require any changes or disable any web site, account, database or other web element that does not comply with our policies. We also reserve the right to make any modifications in an emergency at our sole discretion. Whilst we will always aim to be reasonable, we will be the final and sole judge of what constitutes an emergency or is non compliant.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred by us for blacklist removal. The cost of the clean up fee is entirely at our discretion.

Termination for inappropriate use
We operate a zero tolerance policy for inappropriate use of our servers for hacking, spamming or criminal business practices. In these situations, your account will be terminated by us at our sole discretion without notice and any outstanding money for the remaining service in the billing period forfeit.
Any fees incurred by us from upstream providers will be on-charged to you as a customer at our discretion.
Inappropriate use includes attempted hacking under the guise of "security testing" of our servers by you or a nominated third party without our express written permission in advance. Our servers are security tested for PCI DSS (Visa/MasterCard) security compliance by our nominated third party tester, and unless we give you our express permission, this is the only authorised security scanning that we allow on our servers. All other intrusion attempts will be treated as hacking.

Free SEO Packages
Customers on the Echidnah, Koala, Dingo, Crocodile, Platinum, Crystal, Opal, Diamond and Enterprise packages all receive free Search Engine Marketing reports that are generated automatically using an automated tool produced by a third party. While every care is taken to ensure the accuracy of these reports, they are by nature open to interpretation and customers should not make decisions based solely on the contents of these reports. We recommend customers seek professional advice from a qualified consultant before making any changes to their marketing strategies, and seek information from multiple sources.

Ozcart Ecommerce (Osc Works) does not guarantee the content of these reports or provide implementation for things recommended in the reports as part of the monthly support. Implementing changes from reports will be charged on an hourly basis at our standard hourly rates. Operating "how to" help will be provided on how you can do things like change your title tags and descriptions but analysis and interpretation of reports, or changes that require changing the underlying page structure or linking structure of the site, or HTML output generated by Ozcart components will not be included for free.

SEO reports will be cancelled as soon as a notice to cancel is received. They are only available to active customers with no pending cancellations.

Ozcart, Osc Works and Other Businesses
Osc Works may manage other shopping cart related businesses or online shops that may be in competition with some of our customers website's. Where this is the case, we declare as part of this agreement with you, that Osc Works does not use the same technology as is offered to you to do this, and operates its businesses ethically in the spirit of fair competition. That means, just like we don't share your business information with our other customers, we don't share it with staff members running any competitive businesses either. No private or commercially sensitive information about or obtained from your business, traffic profile or activity is reviewed or used by Osc Works or its related businesses for the purposes of competitive activities. Furthermore, technical information from the server is only used by server managers or support staff for the purposes of providing you the best possible service for your online shop, not for competition.

Ozcart Trademark
Ozcart is a registered trademark of Osc Works and all rights are reserved by us. If you wish to use our logo or Trademark in any way, please check with us first.

Data Privacy and Security
For maximum data redundancy, we make backup copies of your website data on multiple hardware and in multiple geographic locations. Every location that we store data will be certified for PCI compliance and we will take every reasonable effort to screen providers and their security, privacy and quality assurance practices before using them for data storage. You agree that your data will be securely stored in multiple locations in the secure data centres hosted in certified locations in the United States at our sole discretion.

Addendum for Corporate Customers - Dedicated Servers

The following Dedicated Server terms and conditions override any other terms and conditions as stated elsewhere in this document.

If you exceed our standard plans in terms of bandwidth, disk space allowances and/or resources you may upgrade to our Corporate plans which are hosted on high performance Virtual Private Server (VPS) or Dedicated Servers (dedicated to just your site). No ownership or additional rights are transferred by moving your website to a Corporate plan (i.e. Ozcart is still a closed source hosted ecommerce solution) but the maximum amount of server resources applicable to the type of server and configuration as possible will be assigned in that situation. This may include us performing additional optimisations behind the scenes or using alternative hardware configurations to optimise performance of your website. Your site will continue to be hosted in a PCI DSS complaint environment.

If you exceed the resources of a dedicated server, we will alert you as soon as is practical after we have become aware of and researched this situation to determine if it is a temporary load issue or a more permanent resource. We will discuss with you options for further growth as appropriate and any associated costs as required.

Customers on a dedicated server plan must provide a minimum of 21 calendar days notice in writing via the ticket system to cancel a dedicated server or VPS plan. Otherwise you can cancel from the end of the remaining billing period but will be liable for another month's payment. If you prepay a Corporate server plan and cancel before the end of the billing period, any unused monies are forefit. There are no refunds.

Any form of spamming activity conducted by the customer through our server resources or otherwise, would be considered a serious breach of these terms and conditions and in this situation we would reserve the right to terminate your services with no warning provided and at our sole discretion with no recourse. We would pass on any costs incurred by us from upstream providers in the investigation, server clean up and reputation rebuilding as a result of spamming. As per our standard website plans we have a zero tolerance for spam. It is your responsibility to ensure that every anti-spam measure offered by the software's system remains enabled and is not disabled (e.g. the captcha on registration forms or forms created via our Form Builder).

We will transfer your website from its location on our shared servers to your Virtual Private Server or Dedicated Server using expedited dns updates and forwarding wherever possible to minimise downtime.

As per our standard plans, we will provide free hardware replacement in the event of faulty hardware, and ongoing server hardening including PCI DSS compliance changes, bandwidth and disk space monitoring and associated configurations with respect to your server's specific configuration behind the scenes as part of our ongoing service. Whilst we will take every reasonable effort we can to identify potential issues and address them, it is still your responsibility to put in a ticket via our ticket system if you become aware of an issue with any aspect of your website.