Terms

The following document are our terms of service for the Ozcart hosted ecommerce solution and form a binding legal agreement. We request that customers read these terms carefully before signing up or taking over the service of an existing business when sold. Usage of our services acknowledges agreement of these terms in full.

General

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 (“Trademark”) of Osc Works. OpenCart is a third party open-source e-commerce platform that is copyright OpenCart Pty Ltd.

Our “Website” refers to the website www.Ozcart.com.au, the subdomains on it and other domains owned and operated by Us.

Ozcart is a Software as a Service (“SaaS”, “Hosted Solution”) e-commerce solution for Australian businesses. There are monthly payments due for the duration of the service with Us. For cancellation, please note our requirements for service cancellation below.

If you wish to use Our logo or Trademark in any way, please check with Us first. You (“Yourself”) refers to yourself as the visitor to Our website or website, domain or package subscriber or purchaser.

Elements relating to design, features and functionality in this document relate to Ozcart version 5.0 and above. Website packages started on or after 22 July 2017 are subject to these version 5 terms and conditions. For customers who purchased their subscriptions prior to this, the sections relating to version 5 are not applicable and the terms that applied to your 1.x, 2.x, 3.x or 4.x platform as at 21 July 2017 apply. If you do not have a copy of those terms and wish to review them, please contact Us for a copy. Version specific conditions from those documents still apply as part of your Agreement with Us.

This document is correct as at the last edit date of 22 July-2017.

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. By using Ozcart through signing up for a service and/or logging into our Administration panel for a website with Us, you are deemed to agree with these terms in their full. Any contractors you hire or give access are bound via You to this agreement.

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.

Eligibility

When signing up for an Ozcart website, you stipulate that the site is for your own business or company, or that you are the owner of the business the site is for. If you are an employee of a company or business, you agree that the account is signed up in the name of the business owner.
Accounts are linked to the name of the person signing up for them and a fee applies to change the name of an account at a later time. To change an account name, authority must be given by the current account owner or proof of business ownership provided by the business owner. The only acceptable proof is dated evidence of ownership from ASIC, proving ownership at the date the account was signed up. Fees apply for change of account ownership including account name or business name. This also applies in the event that you sell your business. 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 period’s payment (month or year)).

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 4.0 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.

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.

Indemnity

To the extent permitted by law, using Our services indemnifies Us from any liability arising from activities undertaken by our customers through any of not meeting Our eligibility criteria, misuse of the system by you (or Your contractors/employees) and/or resulting from any unplanned downtime or from any limitations of software functionality. We do not endorse the content hosted by or activities performed by you whilst using Our services. It is also an express requirement of your service with Us that issues that you identify are reported in a timely way, and a full explanation including the exact steps to reproduce (including browser versions) are provided to Us via our Support ticket system in our client area at https://client.Ozcart.com.au/clientarea.php. In the event a customer is unable to access this Support URL it is your responsibility to provide your issues to Us in writing via email by sending an email to ecommerce@Ozcart.com.au. If the client area is available, support issues will not be accepted by the aforementioned email address – they will only be accepted via this method if the Support ticket system in our client area is unavailable for service.

You are responsible for Your business and We will not be held responsible for any aspect of Your business including lack of traffic or sales. 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 graphics or elements that we use 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. We do not 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.

Ozcart software as a service uses the OpenCart open source platform but is not affiliated with OpenCart and uses that platform as-is. Some features present in the OpenCart platform may not be present in our offering or may work in a different way from generic OpenCart documentation. We do not warrant the software is bug-free, nor guarantee that functionality can or will serve a particular business purpose. For this reason it is a requirement that customers try the demo shop and any specific features or functionalty that is important to them prior to signing up for a subscription. Purchasing a subscription to our service is explicit agreement to this and acceptance of the functionality shown in the public demo.

Licensing and Intellectual Property

All Ozcart shopping cart software and CMS systems are provided as a hosted solution only. 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.

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. Note an attribution link back to Ozcart will appear in the footer of every website.

Design Ownership

Ozcart retains all copyright on designs prepared by Us 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.

Logos and Domain names and Property Rights

Any logos, fonts 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.

You declare that you have the intellectual property, font use and image rights to any material that you provide to Us to use in your design. We will not be held responsible or accountable for any breach of intellectual property rights or other regulations from the material you provide. It is your business responsibility to ensure that you have the appropriate rights to use the content you give Us for use in your design, if we are preparing a custom one for you.

Custom 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. The new owner of your business is not purchasing ownership of the site itself, only taking over your ongoing billing relationship with Us.

All custom work, including custom designs, are paid for in full, in advance unless by prior arrangement.

Design and Build

Design Process (current v5.x only)

On the v5 platform, you are responsible for using the provided Live Theme Editor (“Editor”) to create the look and feel that suits your website. We provide a demonstration version of the editor prior to purchase for customers to familiarise yourself with what’s possible before purchasing and to ask Us any questions. The Editor is provided “as is” so you agree that you have reviewed and accept the range of functionality provided by the Editor. We will not add or customise the functionality to achieve design looks that are not possible in the demonstration version that was available at the date you signed-up your subscription.

As part of our Support, we will answer questions about how elements of the Editor work and basic assistance, but will not provide specific instructions on how to achieve a particular look and feel. Any Editor support is provided on a best-efforts basis.

Design Process (version 2.x, 3.x, 4.x only)

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.

In our standard design on the 2.x – 4.x platforms, colour customisation excludes the centre panel body colour – this can be either fully white (#FFF) or fully black (#000). No other shades or options are offered on our standard design option. Customers purchasing a custom design package can suggest any colour for the centre panel of the website. When purchasing a standard design site, customers have 7 days from the handover date to raise any issues with respect to elements and customisations agreed to at purchase time. Any requests for changes not agreed to prior to purchase may incur additional fees. We will repair faulty site components but do not offer refunds, as per our refunds policy. If you request the use of a font in the graphic elements of your design that is commercially licensed, it is your responsibility to either provide the fonts to Us with a valid license (in a format appropriate for use by Us), or to agree to Us to purchase these fonts on your behalf and charge them to you. Similarly, in a custom design you may elect that we select images from our stock photography library based on the information you describe. If you elect that we select the images, we will do this at our sole discretion based on the information that you provide Us. If you do not like the photo(s) that we choose or use then you will need to provide your own alternatives. We do not provided vector graphics as Stock photos. If we are creating a design for you, we do not cut around images or mash up multiple images into a collage unless this has been specificially quoted.

Terms around the number and scope of revisions are as agreed with you as part of custom work and you have no set entitlements under this Agreement. Design does not include changing the way core functionality operates. Work outside the stated scope may be subject to extra fees. Logos are not included.

Quote Validity

Quotes for custom work or special offers are valid for a maximum of 7 calendar days unless stated otherwise when provided. Custom work is not automatically transferred or upgraded to future versions or platforms unless specifically allowed for at the time of quoting.

Setup and Completion Time

We endeavour to complete website builds as quickly as possible once we receive all the information we require – this will be a minimum of 24-48 hours. For customers transferring domains from other providers, setup time cannot commence until the domain has been transferred from the third party registrar unless your site is being built in our Staging area. This is outside of our control.

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

Work requested on a custom design after signoff will be quoted as required and no further design changes will be accepted.

Quick Startup Service

The Quick startup service (v2.x, 3.x, 4.x) is no longer offered.

Cancellation and Plan Changes

Billing Units

For the purposes of this section, “Billing Unit” means one unit of the period of time that you have paid for. There are three possible lengths time in for Billing Units, depending on the product and options:

  • Monthly – Pay per month for as long as you want to keep your website. Non-refundable.
  • Annual – Pay once per annum (e.g. your website space on an Annual plan), SSL certificate or domain name) The chosen item is reserved or renewed for an entire calendar year. This is considered to be different from 12 monthly units and is non-refundable, in-part or in-full.
  • Bi-Annual – Pay once per two years – for .com.au domain names. Once paid this is non-refundable in-part or in-full.

A single billing unit is non-refundable regardless of its length. Annual billing periods may roll-over to monthly billing periods at the end of their first period, at our discretion.

Process for cancellation without penalty

To cancel your website with Us, you must advise Us in WRITING via the ticket system more than 7 days of your billing date. If you do not meet this requirement you will be liable to pay another Billing Unit of your plan. You cannot cancel a site within 7 days of your billing date without paying for the whole next billing cycle.

All outstanding invoices generated by the system must be fully paid before an account can be cancelled. To avoid paying for another Billing Unit, 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. We require the ticket system be used as an official record of your notice of cancellation. Upon cancellation, any unused credits on your account or incomplete work are 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 you do not provide sufficient notice or try to cancel within the notice period without your account up to date, fees will continue to accumulate until either paid or at a sufficient level to be referred to a Collections service for recovery. Collections may affect your credit rating, and incur you extra collection fees on top of the outstanding balance.

Should a customer on an Annual billing period wish to cancel their term early, they should contact Us.  A decision to cancel a billing term early would be considered by Us on a case-by-case basis only.

To avoid additional fees, it is your responsibility to ensure that you give Us sufficient notice if you wish to cancel your account.

Plan Changes

You can change from an Annual to a Monthly subscription prior to the renewal of the next Billing Unit. Changes like cancellations or downgrades take effect from the next Billing Unit. By signing up you agree that Partial Billing Units are non-refundable, even if for an Annual or Bi-Annual and no claim for a refund can be made on unused time in a single Billing Unit. This is because if you pre-pay for services, we also pre-pay those services with our upstream providers so cannot refund you because we cannot recover the costs. Please take this into account when choosing whether to purchase a monthly or annual plan.

SSL certificates and domain names are never refundable even if paid in advance.

Plan downgrades

You can downgrade a plan if you pay the applicable downgrade administration fee. If you paid for an Annual plan with Extended and did not pay setup, the Setup fee you would have paid will also be charged.

Non-Refundabile Billing Units – Unless agreed otherwise in advance, refunds will NOT be offered for unused portions of a Billing Unit. For example, if you pay for an Annual Plan and cancel six months into it, you are not entitled to a refund on the remaining six months of your annual plan due to your change of mind, because the year is considered a single Billing Unit in the terms of this agreement and the unused portion is non-refundable after it is paid. As stated above we do not offer refunds for Annual services because when you pre-pay for services, we also pre-pay those services with our upstream providers so cannot refund you because we cannot recover the costs. The decision to offer any refund would be subject to the costs to Us and offered at our sole discretion.

When we may cancel your site without notice and without refund: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 incurring further fees from Us. Any invoices paid will be forefit – we do not provide refunds. Furthermore, any outstanding generated invoices up until this point will still 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.

When your site or account is cancelled, all associated services will also be cancelled. If you have a domain name registered through Us you will need to transfer this to a different domain name provider, otherwise you will lose your domain when it comes up for renewal. We do not allow customers to have domain registrations through Us without an associated website plan.

Package Upgrades and Downgrades There is no fee to upgrade to a higher monthly package but a downgrade fee applies for downgrading a package. Upgrades apply for the remainder of a billing cycle. Only one upgrade or downgrade can be processed in any one billing cycle. The downgrade fee applies at the current downgrade rate at the time the downgrade is processed as per our publicly published fees page in the customer area of the Ozcart website. Downgrades remove any features and tools not applicable to the lower plan. Plan Downgrades cannot be actioned if you have too many products or space used for the lower plan and you will need to update that in your site before requesting – billing continues at the old rate. Upgrades between cart versions will be subject to an upgrade fee quoted by Sales. Upgrades between versions are not eligible for monthly or startup price promotions advertised on the Ozcart pricing and plans page which is for new customers only (unless eligibility for upgrades is specifically stated on the promotion or on the aforementioned page).

Version upgrades will be need to be quoted, and changes to monthly plans will depend on the version being changed from or to and the time frame for doing so. Customers may forefit some existing features and benefits on their existing plans if not available on the new plan unless they are upgrading to a higher equivalent monthly price than their existing one. Please contact Sales for information specific on upgrading to your situation. Changes will be at the sole discretion of Ozcart Ecommerce.

Returning after Cancellation

If you cancel your website and have any outstanding payments, you will be still liable for these payments. If you later start a new website even under a different account you will need to make these payments in order to continue your new website with Us. If you do not, we reserve the right to demand collection or cancel your new website without prior notice.

Cancellation of Dedicated and Corporate Plans: Three weeks (21 calendar days) notice in writing via our ticket system is required to cancel a dedicated server or corporate plan, otherwise an additional month’s payment will apply. No refunds are available to corporate plans as services are pre-paid with upstream providers.

Websites purchased from Us but where no information is provided to commence the design or build after three months may be suspended or terminated at our sole discretion if you do not respond to our reasonable attempts to contact you via the email address provided on your account signup. If cancelled or terminated, no refunds will be paid and any work commenced by Us will be forefeit.

Payments

Payment Obligations

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.

In the event that your credit card on file is stopped by your bank and you do not have another credit card to make the payment, we may request that you make an immediate electronic bank transfer as a one-off to cover that month’s payments – placed with the bank on or before the due date for the invoice. We will provide the relevant bank details at the time and in the case that this applies.
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 14 or more days prior to any change in their billing cycle charges. Notification will be either by email to the email address on file in a customer’s billing history, or in the ‘Announcements’ section of the client area.

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 of up to 48 hours. We provide email reminder notices as a courtesy but we will not accept late payments on the basis that you had not seen or received a reminder. We will not phone or follow up non payments and reserve the right to suspend without notice any website whereby the payment has not been received. Unless specified otherwise, all payments to Us are made by Visa or MasterCard only. Accounts with a history of late or overdue payments may be subject to immediate suspension at our discretion when accounts become overdue.

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 Ozcart Ecommerce (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. Please note that a longer cancellation period applies to Corporate plans.

All custom work, including custom designs, are paid for in full, in advance unless by prior arrangement.

Domain renewals and SSL certificate renewals are non-refundable as they are issued by a third party. Domains and SSL Certificates are subject to the terms and conditions of the relevant issuers/registrars.

Note, we no longer accept Bank Transfers as a monthly form of payment. Bank transfers can be accepted but only for payment terms of 6 or 12 months in advance.

Late Payments

  1. Late fees may apply to payments not received on time. Late fees at the current late fee rate may apply at our/our billing system’s discretions 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 24 hours, 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.
  4. If an account is closed by Us for non payment, then reactivation is at the sole discretion of Us 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.
  5. 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.
  6. Persistent late payments may result in your grace period being significantly reduced or specific payment methods being requested.

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.

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.

Products and Service Eligibility

To be eligible for an Ozcart website, you must be selling products that are legal for sale and advertising in Australia, under all Federal and State Australian laws relevant to your business.

We do not allow websites containing adult content (exept for lingerie or adult product sales which are allowed if you have the appropriate licenses and insurances to do so), tobacco sales, escort services, pornography, racist information, warez downloads or illegal content. As previously stated, responsibility for obtaining the appropriate sales licenses, permissions and legal rights is your responsibility. We also will not tolerate anyone using our servers to send unsolicited emails, operate outside Australian law, to spam or to post links to Internet groups for unethical purposes. We reserve the right to refuse service or cancel the service of websites deemed to be in breach of these rules and standards at our sole discretion, without refund.

Billing Errors

We do our best to minimise billing errors by our automated billing system but understand that sometimes billing errors may happen. A billing error does not cancel due charges or your responsibility to make payment for the services you have received, so in the event that you notice an undercharging error on a recurring plan we strongly recommend contacting Us as soon as possible to avoid the accumulation of a larger invoice at a later date.

Billing errors discovered by Us in our periodic billing audits will be invoiced to you once they are discovered, with a due date of seven calendar days from the date of generation – as per our normal billing terms for your monthly service.

In the event of overcharges we will either apply a credit to your account to reflect the amount of the overcharge or process a refund on your credit card for that amount as soon as is practical once that overcharge is discovered, depending on what the charge was for and the amount. This decision will be made at our discretion.

Refunds

As stated in the section “Cancellation and Plan Changes”, 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 regardless of the Billing Unit period length.

Usage

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.

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.

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.

Disk Space

Your disk space allocation depends on the package you have chosen. We adjust the physical allowance that you receive on our servers to take account of system files. Depending on the number of pages in Your site, some of your 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 may 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.

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.

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.

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

Excluded Support Services

Support does not include: providing assistance on how to lay out a website to achieve a particular look, 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 recommendations from 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

Support for adding or deleting elements from the block layouts are not provided as standard support. We do provide instructions on making basic changes as part of our manual and knowledgebase, but design issues will not be specifically supported and work in these areas may be subject to administration fees. We may provide support on a best efforts basis at our discretion.

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 provided with sample products and sample content, and may also have sample payment and shipping settings. Sample content will usually be written in latin (e.g. ipsum lorem…). It is your responsibility to remove, edit or update this content as We do not do work on site content unless specifically engaged to do so. We will quote before completing any work on your website.

Domain Names

Domain names are provided by licensed under the Domain Name Requirements of the relevant Domain Name Registry and are subject to the rules and terms of those Domain Name Providers. We resell domain names as a convenience to our customers and can provide registration, domain transfer and renewal services. Customers are not however required to purchase a domain name through Us in order to have a hosted Ozcart website through Us.

Hosting and SSL

Hosted Solution Separability

Ozcart is a hosted ecommerce solution so hosting services are a non-separable part of the website service that you pay for. Hosting cannot be provided by another provider, nor can an Ozcart website be transferred to another Hosting provider.

Uptime and Issues

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.

Underlying Technologies

Ozcart websites are not open source nor identical to other similar systems. Ozcart websites 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.

Staging Area

If you have an existing website and want to have your new website built in our Staging area, then this can be done for you prior to your website going live. There are no additional charges for having your website in our non-live staging area for up to 8 weeks. The staging area is not available on Corporate or Dedicated Server plans.

If you are in the staging area, your website will be copied to a different part of one of our servers at Go Live time and configured for live traffic. For this reason we will agree with you a go-live time that will be scheduled more than 72 hours out from your go live time. Note that there is no reduction in per monthly cost for having your website non-live or in our staging area.

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.

Testing, server moves, and errors

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.

PCI Compliance Scanning

Formal PCI compliance scanning will be performed by Us and we will take any necessary corrective action at our end for compliance as per Our provider’s instruction and requirement. This process is completed without customer involvement and may require server maintenance and/or a reboot on an occasional basis. Our provider will issue Us a compliance certificate covering all of the servers we are operating at the time the scan is completed. When a customer signs up with Us we can make a copy of the compliance certificate available to the customer’s bank for the purposes of applying for a merchant account (if that bank needs to see it to complete a merchant account application approval).

Backups

For maximum data redundancy, we make backup copies of your website data at our data centre as a courtesy. We will take every reasonable effort to screen backup provider(s) and their security, privacy and quality assurance practices before using them for data storage. You agree that your data will be securely stored in the secure data centre hosted at our sole discretion. There is no guarantee about what data will be available in a backup if required.

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.

Google and other search engines
We do not guarantee indexing of your website or search engine rankings. Marketing your website to search engines is Your responsibility as part of your business marketing.

SEO Reports
SEO reports are no longer offered as a specific service and are provided under the prior agreements made with customers who receive them.

SSL Certificates and Email

SSL certificates are required for the security of your checkout. The first year’s certificate is issued at our cost, but renews at the specified Renewal cost on our website every year after that. As part of the issuance process of SSL certificates your domain will be verified by the relevant certificate Issuer, e.g. GeoTrust. We may use or change Certificate Issuers at our discretion without notice. You agree to set up the email address if necessary for verification. If this process is required, your business details will be shared to the trusted third party certificate issuer for the purposes of issuing the certificate. This includes your name, registered business address, ABN, telephone number and email address.

Miscellaneous

Selling your Business

A changeover fee applies to changing ownership on a website. 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.

Showcase, 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.

To prevent our servers from being flooded, customers must ensure that if you have email services and are checking emails or logging in to our servers via remote systems, or sending newsletters that no more than 79 such checks are made every hour (i.e. each check is at least 46 seconds apart) – otherwise our server security systems may automatically block your IP address from accessing your website and emails temporarily.

Osc Works, Ozcart 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.

Customer Disputes and Privacy

We do not get involved in disputes between Our customers and Your customers.

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.

Consultancy Services

Where customers purchase additional consultancy services (for example Site Reviews) that include opinions or suggestions from the consultant preparing the report, then you agree that these suggestions are provided in good faith as suggestions for your business based on the commercial experience of the consultant, and come with no guarantee or warranty as to their outcomes or the time frame in which those outcomes will be achieved.

Suggestions must therefore be considered by you as the recipient, for their applicability to your intended business strategy before implementation. Ozcart Ecommerce does not provide any guarantees or warranties as to the outcomes that will be received by implementing suggestions and accepts no liability for the outcomes, or for errors or omissions from these opinions.