Website Terms & Conditions
1. About the Website
- Welcome to https://marquetdigital.com.au, operated by MARQUET Digital.
- The Website is operated by MARQUET Digital. Access to and use of the Website, or any of its associated Products or Services, is provided by MARQUET Digital. Please read these terms and conditions carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- MARQUET Digital reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MARQUET Digital updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records. Continued use of the service after the effective date of the Terms revision shall be deemed as acceptance of the Terms revision.
- These are the Terms for all Web Hosting, Domain Name These are the Terms for all Web Design & Development, Maintenance, Management services, and other related services provided by MARQUET Digital. The terms and conditions apply to the provision of services by MARQUET Digital to the Client for Web Hosting, Domain Name Registration and other related services.
- MARQUET Digital is an authorised Reseller with Synergy Wholesale, our preferred wholesale supplier for cPanel Hosting and Domain Name registration. MARQUET Digital is subject to Synergy Wholesale’s Terms, Policies and Agreements, and MARQUET Digital as an approved reseller is subject to the rules and policies set forth by the auDA related to domain name registration.
2. Acceptance of the Terms
- You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MARQUET Digital in the user interface.
3. Subscription to Use Services
- In order to access the Web Hosting Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- Email address
- Preferred username
- Telephone number
- You warrant that any information you give to MARQUET Digital in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered client of the Website (‘Client’) and agree to be bound by the Terms. As a registered Client you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with MARQUET Digital; or
- you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Client Obligations
- As a registered Client you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services:
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MARQUET Digital of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of MARQUET Digital providing the Services;
- you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of registered Clients by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- Appropriate legal action will be taken by MARQUET Digital for any illegal or unauthorised use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you will use the Services only for purposes that are permitted by:
- Where the option is given to you, you may make payment of the Subscription Fee by way of:
- Electronic Funds Transfer (‘EFT’) into our nominated bank account
- Credit Card Payment (‘Credit Card’)
- Direct Debit
- In using the Website, the Services or when making any Credit Card payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
- You agree and acknowledge that MARQUET Digital can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
6. Refund and Cancellation Policy
- MARQUET Digital will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the owner of MARQUET Digital makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Client (the ‘Refund’).
- Cancellation requests will only be acknowledged by MARQUET Digital if submitted via the Client Area or emailed to email@example.com.
- The following Service(s) are not eligible for a cancellation or refund:
- Domain names
- SSL certificates.
7. Copyright and Intellectual Property
- The Website, the Services and all of the related products of MARQUET Digital are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by MARQUET Digital or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by MARQUET Digital, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Client to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website for your own personal and non-commercial use.
- MARQUET Digital does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MARQUET Digital.
- MARQUET Digital retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),
- You may not, without the prior written permission of MARQUET Digital and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. General Disclaimer
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- MARQUET Digital will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MARQUET Digital make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MARQUET Digital) referred to on the Website, includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of MARQUET Digital; and
- the Services or operation in respect to links which are provided for your convenience.
10. Limitation of Liability
- MARQUET Digital’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that MARQUET Digital, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
- The Terms will continue to apply until terminated by either you or by MARQUET Digital as set out below.
- If you want to terminate the Terms, you may do so by:
- providing MARQUET Digital with 7 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where MARQUET Digital has made this option available to you.
- Your notice should be sent, in writing, to MARQUET Digital via the ‘Contact Us’ link on our homepage, emailing firstname.lastname@example.org or via the Client Portal.
- Subject to local applicable laws, MARQUET Digital reserves the right to discontinue or cancel your Subscription at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice, if your conduct impacts MARQUET Digital’s name or reputation or violates the rights of those of another party.
- MARQUET Digital may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- you have breached any policy or any applicable Domain Registrant Agreement;
- MARQUET Digital is required to do so by law;
- the provision of the Services to you by MARQUET Digital is, in the opinion of MARQUET Digital, no longer commercially viable.
- you become insolvent or bankrupt;
- you have unpaid invoices.
- if you breach any provision of the Terms or any applicable law or
- MARQUET Digital may decide at its sole discretion to advise a Client that their Account and/or Service(s) will be terminated by giving fourteen (14) days written notice, and any applicable refunds will be processed as per the Refunds subsection of this agreement.
- If a Client’s Account is closed for any reason, or any Service(s) suspended or terminated, the Client must pay all outstanding invoices by the due dates.
- If a web hosting, email hosting is suspended or terminated for any reason, MARQUET Digital is under no obligation to provide the Client with a copy of any data associated with the Service(s).
- You agree to indemnify MARQUET Digital, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
- Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Conflict Resolution Service’ or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Melbourne, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
5. Termination of Mediation:
If 2 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
- The Services offered by MARQUET Digital is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
- The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
- Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
- If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
18. Domain Names
- MARQUET Digital is an Authorised reseller for Domain names through Synergy Wholesale and its’ registrants. Synergy Wholesale is an ICANN and auDA ISS accredited Registrar. Any domain name registration, transfer or renewal will be processed through Synergy Wholesale.
- Registration and renewal of domain names are subject to the terms and conditions of the Registrar and MARQUET Digital will not be liable in any way for any decision of the Registrar and the Client agrees that any application or registration fee paid by the Client is non-refundable.
- The Client is responsible for renewing the domain name. It is the Client’s responsibility to ensure that the Registrant, Technical and Administrative contact information is kept up to date on every domain name.
- As per registry-registrar policy and agreements, MARQUET Design will use the Registrant contact information to advise the Client of any pending expiry, renewal or transfer requests relating to the domain name.
- The Client acknowledges that MARQUET Digital is not obligated to renew a Domain Name if the Client has;
- not confirmed to MARQUET Digital that the domain name is to be renewed, or
- the invoice for renewal has not been paid in full, or
- it is determined that the Client does not satisfy the eligibility criteria to continue holding the Domain Name license.
- Under these circumstances, MARQUET Digital will not be held liable by the Client for any loss or damages. All renewal requests must be submitted via the Client area or email@example.com, and it is the Client’s responsibility to confirm that the renewal request has been successfully processed in full.
- MARQUET Digital accepts no responsibility in respect of the use of a domain name by the Client and any dispute between the Client and any other individual or organisation regarding a domain name must be resolved between the parties concerned and MARQUET Digitalwill take no part in any such dispute.
- All domain names are non-refundable.
- If you have purchased a domain name and web hosting account from MARQUET Digital and request a cancellation, only the web hosting portion can be cancelled. Your domain name will remain active in your account and it will still be under your control until it expires.
19. Domain Name Transfers
- All .au domain name transfers are offered free of cost if the domain name is more than 3 months from expiry. If the domain name is due to expire in 3 months or less the normal renewal fee applies and the domain will be renewed for a further 1 year from the existing expiry date.
- Domain transfers may take 5–7 days to complete once the domain owner has authorised the transfer, and final authorisation has been received by the Domain Registrar.
- It is the Client’s responsibility to action domain transfer authorisation requests where applicable.
- MARQUET Digital has no authority to speed up a domain transfer and cannot place any guarantees on how long a transfer will take to complete.
- The Client must ensure all contact information is updated with the current Domain Registrar and the appropriate transfer codes have been obtained prior to placing a domain transfer order with MARQUET Digital.
20. Website Hosting
- The 12 months of the Website Hosting for annual plans is calculated from the date of Activation of the services. If your Hosting was paid annually, the renewal shall remain annually.
- You must provide at least 7 days’ notice before the next scheduled billing due date in order to cancel your service or you will be liable to pay the full amount for the next billing period. In order to cancel, all prior balances must be paid. Any outstanding debt after 30 days will result in account termination and amounts owed may be handed over to a third-party collections agency.
- Cancellation requests will only be acknowledged by MARQUET Digital if submitted via the ‘Contact Us’ link on our homepage, emailing firstname.lastname@example.org or via the Client Portal.
21. Uptime and Hosting Services
- MARQUET Digital will endeavour to provide the Client with the highest quality hosting service possible, but will not be liable for any service interruptions or downtime.
- No provider can guarantee 100% server uptime. Servers and systems must be offline at times for routine maintenance and upgrades to ensure optimal performance for websites.
- Scheduled maintenance will be performed at a time which is deemed suitable by Synergy Wholesale with advanced notice given.
- The following conditions are entirely out of MARQUET Digital’s control however MARQUET Digital will endeavor to rectify the issue as soon as possible to the best of our abilities.
- not be able to reach the server due to traffic conditions on the internet;
- problems occurring at Synergy’s Wholesale’s facilities;
- or due to hardware or software component failure.
- MARQUET Digital is unable to guarantee the integrity of any data stored or transmitted via the internet or through our systems.
- MARQUET Digital is not liable for any claims of damage by the Client including, but not limited to, damage of loss of every nature, caused by the loss of data, or through the inability to connect to the internet, or through the inability to send and receive data. This includes, but not limited to, external hacking attempts or the hacking of your website, hardware failures, server faults, deletion of your account due to software faults, etc.
- In the event of a system failure, MARQUET Digital will attempt to restore all client data from the Client’s most recent backup. MARQUET Digital is unable to guarantee that the backup will be available for use, or that it will be recent.
- MARQUET Digital is not liable in the event if we cannot restore or provide a backup for the Client for any reason. The Client is solely responsible for making their own backups so that this can be prevented.
- All Clients are encouraged to implement their own backup plan or subscribe to a MARQUET Digital Care Plan so that in the unlikely event of a system restore becoming necessary, the Client can be confident a recent copy of their data can be restored.
- MARQUET Digital will not be liable to the Client for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
- Third party services engaged by the client through cPanel including but not limited to SEO and web design tools or plugins are done so at the Client’s own undertaking. MARQUET Digital does not provide any express or implied warranty on the quality of their product nor the outcomes expected and is under no obligation to extend support for externally managed or purchased products.
22. Service Sign Up and Acceptance
- Upon the Client signing up for any services on the MARQUET Digital website, once the order has been accepted it will be automatically set up upon payment being received.
- The Client acknowledges sole responsibility for ensuring all Services are in full compliance with this policy, and that they are solely responsible for the files and applications that have been uploaded and executed.
- The Client agrees to provide an email address to receive emails directly relating to the Service(s) provided, invoices, support tickets and service updates.
- The Client can choose to subscribe to marketing and promotional emails from MARQUET Digital, and may unsubscribe at any time.
23. Website Migration Site
- All website migrations may be requested at time of the order being placed, or by emailing email@example.com.
- Synergy Wholesale provides a free migration service, where they can move website files, databases and email data over for the Client for Cpanel and Plesk accounts. The migration service is 24/7 and a time will be confirmed with the Client prior to the migration.
- MARQUET Digital will do our best to ensure a smooth transition, however since every hosting company is different, there may be some transfers where it will be impossible to transfer.
- MARQUET Digital will determine if it is possible to attempt to transfer the website by other means and provide a quotation for services charged at the standard published hourly rates.
- All transfers must be done within 30 days of initial purchase of your Hosting.
- It is the responsibility of the client to check the website following migration for any errors or issues.
- MARQUET Digital is not responsible for the resolution of any errors or issues with themes or plugins. It is the Client’s responsibility to liaise with the providers of the themes and plugins.
24. Billing Cycles
- In relation to fees for Service(s) ordered by the Client shall begin on the date of the initial order and the monthly, annually or biennially billing cycle in advance.
- The order date of any Service(s) will serve as the anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits, unless the Service(s) only allows annual or biennial billing cycles (eg. domain name registrations, SSL certificates, etc) for that particular Service.
- Fees are due in advance of the billing cycle and will be invoiced to the Client thirty (30) days prior to the due date. In order to ensure that you do not experience any interruption or loss of service, MARQUET Digital recommends payment be made by Credit Card and for the Client to store details on file.
- By storing your Credit Card details on file, the Client agrees to future invoices being automatically charged to the stored Credit Card details on the invoice due date. Please note, the Client will continue to receive invoice reminders and have the option of cancelling any service prior to the due date. If a credit card is stored in the Account it will be charged three (3) days prior to the due date to allow sufficient time for any potential issues (such as insufficient funds, expired cards, etc) to be rectified before the due date.
- MARQUET Digital accepts Credit Card only for online Website Hosting and Domain Name purchases. Websites Development and other services will be a separate billing account to accept Electronic Funds Transfer as method of payment or via credit card.
- All accounts not paid within 5 days from the due date will be suspended. Services with unpaid invoices that are not paid in full within fourteen (14) days of the due date will be automatically terminated. Termination means removing the entire cPanel and data contents. MARQUET Digital takes no liability for removing the Client’s data.
- After account termination, if your account remains unpaid, all pending invoices will be followed up by the MARQUET Digital accounts team. Following this, outstanding accounts may be turned over to a third-party collections agency along with any legal fees and collection agency fees added to your pending invoice.
26. Goods and Services Tax (GST)
- MARQUET Digital charges 10% GST to all Australian customers.
- All pricing is in Australian dollars.
- GST is not applied to products and services purchased by overseas customers.
- Prices advertised on the MARQUET Digital website include 10% GST.
Any questions about the Terms and Conditions, please email firstname.lastname@example.org.
Published: 23 August 2021