W1 Website399 Agreement

This entire clause W1 relates to the www.website399.online & websites399.com.au the respective products.

W1.1 Representations by us

1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this Agreement, especially clause W1.1.2;
2. You can only expect Services in accordance with the terms of this Agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this Agreement, especially clause W1.1.2, the terms of this Agreement shall prevail over the representations – and your expectations of the Service shall be limited to the representations in this Agreement.

1. We offer this Service at budget prices on the basis we deliver a budget Service. For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level service to ensure this option is available.
2. We estimate that we offer a large number of designs for Web & Mobile, on the basis of the combinations of available fonts, colours, graphics, backgrounds, etc. The estimate may include any number of designs which, with the exception of incremental differences, appear similar.
3. Although no software or advanced technical knowledge is required, as with most Services, some level of knowledge and experience with computers, software and the internet is required to use the Service.
4. Our software technology is wordpress of your website for
5. We may provide services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers.
6. This is not an archival service. You are solely responsible for maintaining independent back-up copies of your website & emails if you are using your own hosting services. We expressly disclaim any liability or responsibility for any loss, damage or destruction of your emails, distribution lists, or any other content.

W1.2 Refunds

1. It is your responsibility to ensure that Services are utilized to their full potential;
2. It is your responsibility to ensure the appropriateness and compatibility of Services that you are purchasing;
3. You have ensured that Services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
4. We are not obliged to provide refunds or account credit for any Service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer you:
   1. An account credit; or
   2. A refund
5. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the Service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
6. You are liable to pay any administrative costs incurred by us as a result of refunding any Service within the 72 hour rejection period;
7. Deposit/Cheque order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
8. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
9. Your request for refund will be denied where:
   1. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
   2. We believe you have breached your agreement with clause) in any way;
   3. We have sent communication to you, and we do not receive a response to our communication within 3 business days of us sending such communication; or
   4. We believe the request is fraudulent.
10. We take no responsibility for any mistakes in application either on the advice of our staff or your sole decision; and

1. You have any outstanding invoice or account.
2. Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
3. You fail to comply with any provision in this agreement or those referenced in this agreement
4. There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party’s rights.
5. We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
6. We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.