Terms and Conditions
Terms and Conditions
The following terms and conditions govern all use of the Website Design Centre and Soul Sea International website/s and all content, services and products available at or through the website, including, but not limited to, Soul Sea International Membership and Website Design Centre Membership, (taken together, the Website). The Website is owned and operated by Leading Edge Business Options. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, LeadingEdge Business Options policies) and procedures that may be published from time to time on this Site by Leading Edge Business Options, (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Leading Edge Business Options, Website design Centre or Soul Sea International, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. You warrant that;
- You are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Leading Edge Business Optionsterms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Leading Edge Business Optionsterms;
- Your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us; and
- You understand that Leading Edge Business Optionsdoes not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users.
- When appropriate you must complete a registration form in order to use the Services.
- You will provide true, accurate, current, and complete information about yourself as requested in the registration form, and will update the information to keep it current. As part of the registration process, you will identify an email address and password for your Website Design Centre or Soul Sea International account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name.
- You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in the Services or any software, documentation or data related to the Services; modify, translate or create derivative works based on the Services or any Software; or copy (except for archival purposes), distribute, pledge, assign or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for any purpose other than that for which we have given the license.
- You may not use the Services or any Software for the benefit of a third party unless provided for under this agreement.
- You may not remove any proprietary notices or labels.
- We reserve the right to refuse registration of, or cancel, accounts we deem inappropriate.
2. Your Website Design Centre or Soul Sea International Account and Site. If you invest in a site on the Website, you are responsible for maintaining the security of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must not describe or assign keywords to your site in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Leading Edge Business Options may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Leading Edge Business Options or its derivatives liability. You must immediately notify Leading Edge Business Options of any unauthorised uses of your site, your account or any other breaches of security. Leading Edge Business Optionswill not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
3. Responsibility of Contributors.If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorised and/or described the type, nature, uses and effects of the materials, whether requested to do so by Leading Edge Business Optionsor otherwise.
By submitting Content to Leading Edge Business Optionsfor inclusion on your Website, you grant Leading Edge Business Optionsa world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Leading Edge Business Optionswill use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Leading Edge Business Options has the right (though not the obligation) to, in Leading Edge Business Options opinion (i) refuse or remove any content that, in Leading Edge Business Optionsreasonable opinion, violates any Leading Edge Business Optionspolicy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Leading Edge Business Options sole discretion. Leading Edge Business Optionswill have no obligation to provide a refund of any amounts previously paid.
4. Payment and Renewal.
- General Terms. Paid services are available on the Website. By selecting a paid service you agree to pay Leading Edge Business Optionsthe monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated. Fees are not refundable.
- Automatic Renewal. Unless you notify Leading Edge Business Optionsbefore the end of the applicable subscription period that you want to cancel a service, your subscription will automatically renew and you authorise us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for you. Services can be cancelled at any time.
- Adding and Removing Websites. At additional cost, customers can add multiple websites associated under their single membership with Leading Edge Business Options. The cost of membership is charged on a per website basis. Customers will be charged once per month for ALL websites that have been added to their account. When a website is added or removed from a customer’s account, the service charge is pro-rated accordingly and reflected on the next charge.
5. Responsibility of Website Visitors.Leading Edge Business Optionshas not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Leading Edge Business Optionsdoes not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Leading Edge Business Optionsdisclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Website Design Centre or Soul Sea International links, and that link to Website Design Centre or Soul Sea International. Leading Edge Business Optionsdoes not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Leading Edge Business Optionsdoes not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Leading Edge Business Optionsdisclaims any responsibility for any harm resulting from your use of external websites and webpages.
7. Copyright Infringement. As Leading Edge Business Optionsasks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Website Design Centre or Soul Sea Internationalviolates your copyright, you are encouraged to notify Leading Edge Business Options in accordance with the World Intellectual Property Organization (WIPO). Leading Edge Business Optionswill respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Leading Edge Business Optionswill terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Leading Edge Business Optionsor others. In the case of such termination, Leading Edge Business Optionswill have no obligation to provide a refund of any amounts previously paid to Leading Edge Business Options.
8. Intellectual Property. This Agreement does not transfer from Leading Edge Business Optionsto you any Leading Edge Business Optionsor third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Leading Edge Business Options. Leading Edge Business Options, Website Design Centre or Soul Sea International, the Website Design Centre or Soul Sea Internationallogo/s, and all other trademarks, service marks, graphics and logos used in connection with Website Design Centre or Soul Sea International, or the Website are owned by Leading Edge Business Options. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Leading Edge Business Optionsor third-party trademarks.
9. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
10. Changes. Leading Edge Business Optionsreserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Leading Edge Business Optionsmay also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
11. Termination. Leading Edge Business Optionsmay terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Website Design Centre or Soul Sea International account (if you have one), you may contact us to request cancellation from your within your account. Notwithstanding the foregoing, such account can only be terminated by Leading Edge Business Optionsif you materially breach this Agreement and fail to cure such breach within thirty (30) days from Leading Edge Business Options’notice to you thereof; provided that, Leading Edge Business Optionscan terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
12. Disclaimer of Warranties. The Website is provided “as is”. Leading Edge Business Options and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Leading Edge Business Optionsnor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
13. Limitation of Liability. In no event will Leading Edge Business Options, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Leading Edge Business Options under this agreement during the twelve (12) month period prior to the cause of action. Leading Edge Business Optionsshall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Leading Edge Business OptionsPrivacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless Leading Edge Business Options, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Leading Edge Business Optionsand you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorisedexecutive of Leading Edge Business Options, or by the posting by Leading Edge Business Options of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Queensland, Australia. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Leading Edge Business Optionsmay assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
17. Resellers and White Label Partner Program. Customers of Leading Edge Business Optionsare permitted to resell the services to their own clients. This is also known as the White Label Partner Program. Customers who resell Leading Edge Business Optionsservices are held to the same terms and conditions as all other Leading Edge Business Options users and customers. White Label Partner Program Customers who resell website services to their own clients areresponsible for managing and administering all business relationships with those clients. The membership and subscription terms between Partner Program Customers and Leading Edge Business Options is not affected in any way by any dealings between the Partner Program Customer and their client.
- Customers who resell the services of Website Design Centre or Soul Sea Internationalto their own clients acknowledge and accept the following:
- Website Design Centre or Soul Sea Internationalhas provided documentation for how to enable “White Label Mode” on a website for the purpose of removing or hiding all instances of the name Website Design Centre or Soul Sea Internationalfrom the public-facing website and in the website dashboard. Website Design Centre or Soul Sea Internationaldoes not remove or hide instances of Website Design Centre or Soul Sea Internationalfrom the publicly accessible source code and does not guarantee that a reseller’s end client will never take it upon themselves to investigate the website source code and see the name Website Design Centre or Soul Sea International.
- Website Design Centre or Soul Sea Internationaland full-time employees of Website Design Centre or Soul Sea Internationalwill not make direct contact with reseller’s clients who have active websites hosted by Leading Edge Business Options for the purpose of soliciting new business. Should a reseller’s client contact Leading Edge Business Options for the purpose of purchasing a paid service directly from Leading Edge Business Options, Leading Edge Business Optionswill not refuse service to this person and is not responsible for any loss of business to the reseller.
- Leading Edge Business Optionsmarkets its services publicly to the world for the purpose of attracting customers. Leading Edge Business Optionsmakes no guarantee that the clients of resellers will never find or discover the services of Leading Edge Business Optionsthrough any channel including but not limited to search engine queries, advertising, or word-of-mouth.
- Resellers may create a website to promote their services to potential clients.
- Resellers are not permitted to copy, replicate, mimic, or plagiarise any part of Leading Edge Business Optionson their own website. The design, layout, text, headlines, copy, blog articles, and videos found on Leading Edge Business Optionsmay not under any circumstances be copied and used on a Reseller’s website. Resellers who copy, replicate, or plagiarise content from Leading Edge Business Optionsmay be subject to termination from the program.
- If a Reseller violates any of the policies outlined in these terms and conditions, their membership may be terminated. If terminated, the reseller’s client’s websites will be deactivated and cancelled.
Leading Edge Business Optionsreserves the right, at any time, to change or modify the Site, Services or this Agreement, by making such change or modification available on the Site or by providing other notice to You. Any such change or modification will be effective 30 days after posting on the Site or such other notice. As applicable, You will be deemed to have agreed to such change or modification through Your continued use of the Site or Services.
What we agree upon
The term of this agreement, and the provision by us of the services agreed to, is on a periodic basis and is renewable on the anniversary of such period unless cancelled earlier as described later in this agreement.
The default method for payment of all accounts is by direct debit to a credit card. If you provide us with credit card details for this purpose we will regard that as your agreement to use this method of payment for all transactions unless you enter into a special arrangement with us to use another method.
All prices quoted are valid for 30 days only from the date of the quotation. Full payment for projects up to and including $2000.00 is required upfront unless otherwise agreed. A 50% deposit is payable to us on all Project/s over $2000.00. When an agreement for service is entered into, an upfront payment will be as advised. A monthly fee will then be payable by a method acceptable to us.
The final 50% due plus any other agreed costs between us and you is payable upon completion and before;
- sending Your Project/s live, where this agreement relates to a website, and
- Provision of a service or product where the agreement relates to a service or product which is not a website.
We will provide free installation of your Website on our server only. Installation to other servers is charged at the relevant hourly rate.
You are required to pay any hosting services, where applicable, in advance of each payment term on the billing date specified in the invoice you receive from us, or where you have supplied us with credit card details for the purpose of direct debiting your credit card, payment will be on the date specified in the invoice.
You will be bound by the service term agreed to at the time of contracting for the Project/s.
You will supply to us any materials and any information required for us to complete the Project/s. Where applicable, materials such as logos which have been designed by us, require written approval from you before any design is undertaken. Such materials may include, but is not limited to,
- photographs,
- test data,
- written-copy,
- logos and other printed materials.
You will supply to us materials and information required for content integration in an editable format. An editable format may include, but is not limited to;
- .txt,
- .rtf,
- .doc,
- .docx,
- .psd.
You agree to adhere to Our Acceptable Use Policy, as amended from time to time by us.
Taxes
All fees are exclusive of all federal, state, and/or other governmental sales, goods and services, value-added, harmonized or other taxes, fees or charges, unless such tax is required to be added by applicable laws. Customer shall be responsible for all sales, goods and services, value-added, harmonized or other taxes, fees or charges, unless such tax is required to be collected by us by applicable laws.
Credit card security
Leading Edge Business Options acknowledges that we are responsible for the security of credit cardholder data to the extent that we have control of that data. To that end, Leading Edge Business Options undertakes regular assessments consistent with the currentsecurity standards.
Recurring payments
We may from time to time enter into an agreement with you to satisfy a debt to us by term payment. Where such agreement is entered into we will deduct the agreed amount at the agreed times from your account and will continue to do so until the debt is satisfied.
Refunds
We will provide a complete refund if no work has commenced on your project/s from the time when we have received payment of the deposit or full payment, to when we receive a notice in writing that you are cancelling the Project/s and requesting a refund.
Once we have commenced work on the Project/s a partial refund may still be available. Any request for a refund, or partial refund, must be made in writing to us. Your refund will be calculated by deducting costs associated with work undertaken by us and, charged at our current hourly rate for expenses incurred relating to the Project/s up to the date of cancellation. We will provide you with a summary of all work completed, and any expenses incurred to validate the refund (if applicable). Work undertaken on a Customer’s Project may include, but is not limited to;
- Contact between the Customer and Our support staff,
- The commencement of website hosting services,
- Design concept(s),
- Wire frames,
- Sourcing of imagery,
- Time spent on marketing concepts and
- Any time spent building, designing and/or coding Customer website.
- Our expenses incurred may also include the purchase of a domain name, third party services, technology products, software and/or services for your Project/s.
3rd Party products
You agree to use stock imagery used on any website designed by Leading Edge Business Optionsin accordance with the image rights. Stock images can only be used as they are placed onto your website by us. You may not copy the images and use them in other promotional materials without our express approval. This does not apply to any images that you own and provide to us for use on your project/s.
Where the project requires special software it will be your responsibility to purchase this.
We will assist you to download free compatible software where available and provide advice in obtaining paid software where no other option exists.
When you purchase any software products from Us or any of Our third party software suppliers, you agree to accept the terms of any relevant agreement.
Private Information and Images.
You may not post or disclose any personal or private information about or images of children or any third party without the consent of such party (or a parent’s consent in the case of a minor).
Preserving data
We will regularly back up the data on our servers and will make every endeavour to assist in restoration of that data when failure occurs. However, we are not responsible for the restoration of data to the server in the event of hardware failure. Nor are we liable for loss of data under any circumstances.
- While we perform regular backups of data,this does not guarantee the data integrity.
- If hardware failure is experienced and subsequent data loss occurs, you are ultimately responsible for data restoration.
- For Business Accelerator and Business Leader Packages, we will provide instructions for you to make separate backups of all data. You should keep these in a safe location.
We will make every effort to ensure any website, services and online content management system are available 365 days a year, 24 hours a day. Due to the nature of hardware and software there may be times your website will be down for short periods. Leading Edge Business Optionswill do its best to restore availability of website, services and content management system promptly. However, we will not be held responsible for damage, events or losses directly or indirectly related to our website, services or content management system being offline.
What happens when things go wrong?
Non-payment for ongoing accounts, services, software or hardware shall result in suspension, disconnection or non-delivery. All payment failures must be cleared within 7 days of a payment due date. If payment by direct debit has been agreed and the transaction fails, this will be regarded by us as non-payment of a service.
Where the Project refers to a website your failure to secure payment within 7 days of the due date may incur service interruption and a $50 reconnection fee.
We will not commence work on any project until funds are cleared.Customer payment is accepted by bank transfer.
Where your failure to supply materials required for project completion (described in the section “What we agree upon”) leads to a delay in completion of the Project/s, Leading Edge Business Optionshas the right to suspend any free website hosting until all required materials and information are supplied. Where your failure to supply these materials prevents progress on the Project/s for more than 45 days, Leading Edge Business Optionshas the right to invoice you for any part or parts of the Project/s already completed.
Where your failure to supply materials required for content integration (described in the section “What we agree upon”) in a suitable format leads to a delay in completion of the Project/s, Leading Edge Business Optionshas the right to suspend any free website hosting or otherwise stop work on the Project/s until all required materials and information are supplied. Where your failure to supply these materials prevents progress on the Project/s for more than 45 days, we have the right to invoice you for any part or parts of the Project/s already completed.
We reserve the right to terminate service immediately to any customer we deem, in our sole discretion, violates any condition of service including the Acceptable Use Policy, Data Centre Rules and Procedures, and Terms of Services.
Non-Payment of hosting services shall result in suspension or disconnection of your hosting services. All payment failures must be cleared within 7 days of a payment due date. Customers failing to secure payment within 7 days of the due date will incur service interruption and may incur a $50 reconnection fee. Non-Payment of other services, software or hardware shall result in suspension, disconnection or non-delivery.
Web Browsers
You agree to use web browsers that are compatible with our content management system. We are not responsible for incompatibility of web browsers or other software used to edit your Project/s. Compatible web browsers are available free of charge by third parties on the internet and we can provide advice in this regard. You should downloaded and install one of these, if required.
Other servers
You websites are loaded free of charge to our servers. However, because we are not able to control the settings of other server providers or ensure that you will have adequate resources, installation of a website to a server other than our own will be charged at the current hourly rate.
Versions of the Software:
Only one licensed copy of any software may be used on one web site unless extra licenses are obtained.
License to Redistribute:
Distributing software and/or documentation with other products (commercial or otherwise) by any means without prior written permission from us is forbidden.
Rights to Software
All rights to software and documentation not expressly granted under this Agreement, or retained by a third party supplier, are reserved by us.
Disclaimer of Warranty
The software and any accompanying documentation are provided “as is” and without warranties as to the performance, merchantability or any other warranties whether express or implied. Because of the various hardware and software environments in which “the software” may be used, no warranty of fitness for a particular purpose is offered. The user must assume the entire risk of using any software or programs. In no case shall we be liable for any incidental, special or consequential damages or loss, including and without limitation to, lost profits or the inability to use equipment or access data, whether such damages are based upon a breach of express or implied warranties, breach of contract, negligence, tort or any other legal theory. This is true even if Leading Edge Business Options is advised of the possibility of such. In no case will our liability exceed the amount of the license fee actually paid by you to us.
Training and Technical Support
Training is provided free of charge as per the particular package. This is provided on a one off block of hours. The training may be split into hourly sessions. Times must be mutually agreed. When a time has been set it may only be changed with 48 hours’ notice. Failure to cancel within the set time may result in that time being re-allocated to another user and may not be available again. All training must be conducted via landline telephone or Skype where feasible. Remote access software may need to be installed to assist with training.
Technical support is provided online only, through our support centre. The support is accessed via a ticket system. We have a limit of one issue only per ticket. However, the number of tickets is not limited. We endeavour to respond to all issues within 24 hours between 8 AM and 9 PM Monday to Friday. Website hosting or email issues are monitored 24 hours a day 7 days a week and these issues will be dealt with as soon as we are aware of them.
Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
Miscellaneous
Failure by either Leading Edge Business Optionsor the Customer to enforce any of the provisions of this Agreement or any rights with respect hereto or the failure to exercise any option provided hereunder shall in no way be considered to be waiver of such provisions, rights or options, or to in any way affect the validity of this Agreement. If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
Our Policies
Foreword
Leading Edge Business OptionsPolicies are designed to protect our customers and third parties, further compliance with all relevant laws and regulations, and promote the security and availability of the our network, servers and physical infrastructure.
Acceptable Use Policy (AUP)
In addition to any other actions it may take under this policy, we reserve the right to cooperate fully with any criminal investigation of content located on a Server that constitutes alleged child pornography
- This AUP applies to each Customer’s use of the services provided by us and every server or network device that is under ours or each Customer’s control and attached to Leading Edge Business Optionsinfrastructure as a part of the Services.
- This AUP is incorporated by this reference into each Customer’s service agreement. We reserve the right to amend this AUP and a Customer’s use of the Services from time to time. Changes to the AUP are posted on our web site and such changes, once posted will constitute the Customer’s acceptance of any such amendments.
- Customers are responsible for complying with this AUP and for violations attributable to their customers and users, whether authorised or not by the Customer. Customers must take all reasonable steps to ensure that they, their customers and users will comply with this AUP.
- This AUP does not (a) obligate us to monitor, review, or police the data and content residing on its network or (b) create any obligation on us to any party that is not a Customer. We expressly disclaim any liability for the data and content residing on our network and servers and for the actions of our Customers.
- Any questions or comments regarding this AUP should be directed to through the Email Contact Facility, by use of the 1800 number.
Prohibited Content Policy
Customers shall not allow the posting, transmission, or storage of data and content on or through the Services which, in our sole discretion, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the Services. Prohibited content includes, without limitation,
- content or code that facilitate any violation of, or describe ways to violate, our Acceptable Use Policy
- “harvested” addresses or information,
- “phishing” web sites,
- “spamvertising” sites.
A Customer shall not knowingly host on its account, or transmit over our servers or network, any material believed by us to constitute child pornography.
Customer Security Obligation Policy
Customers are responsible for keeping any website scripts secure and up to date. Customers must use reasonable care to ensure the security of each Server. A Customer is solely responsible for any intrusions into or security breaches of, any of its Domains or Servers, except as otherwise covered by a specifically designated security administration or firewall security service package ordered by the Customer. Leading Edge Business Options reserves the right to disconnect without provision of service credit any Server or Account which disrupts Leading Edge Business Options servers, network or any hardware objects on the network as a result of a security compromise. In order to keep website hosting services secure, regular security and software updates to the servers are performed. It is the customer’s sole responsibility to ensure website scripts are updated to ensure compatibility with the latest security and software updates.
Network Abuse Policy
Customers are prohibited from engaging in any activities that Leading Edge Business Optionsdetermines in its sole discretion to constitute network abuse, including the following:
- Introducing or executing malicious programs into any network or server, such as viruses, worms, Trojan horses, and key loggers.
- Causing or initiating security breaches or disruptions of network communication and/or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
- Executing any form of network activity that will intercept data not intended for the Customer’s server or account.
- Evading or circumventing user authentication or security of any host, network or account, including cracking, brute-force, or dictionary attacks.
- Interfering with or denying service to any user, host, or network other than the Customer’s host, such as a denial of service attack or distributed denial of service attack.
- Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including the forging of packet headers or other identification
information. - Using any program, or sending messages of any kind, designed to interfere with or disable a user’s terminal session.
- Being in breach of the Anti Spam Laws of any country
Intellectual Property Infringement Policy
Customers may not transmit, distribute, download, copy, cache, host, or otherwise store on a Server any information, data, material, or work that infringes the intellectual property rights of others. Leading Edge Business Options has the right to disable access to, or remove, infringing content to the extent required under any law or regulation.
Leading Edge Business Optionsreserves the right to suspend permanently or terminate the Services of any Customer that repeatedly violates Leading Edge Business OptionsIntellectual Property Infringement Policy or any copyright law.
E-mail Policy
Customer may not send unsolicited bulk messages over the Internet (i.e., “spamming”) and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003 and the Australian Anti-Spam Legislation 2004.
Mass Mailings Policy
Customers may not send mass unsolicited e-mail, which is email that is sent to recipients who have not double-opted in to mailings from the Customer. Customers who send mass mailings must maintain complete and accurate records of all consents and opt-ins, including the actual e-mail and its headers, and provide such records to us upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited.
Mailing Lists Policy
Customers are prohibited from operate mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using a double opt-in process or that has made their e-mail addresses available to the Customer for distribution of information. Customers who operate mailing lists must maintain complete and accurate records of all consents and opt-ins (including the actual e-mails and their headers) and provide such records to us upon its request. If a Customer cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the list mailing to be unsolicited. Any Customer-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. On shared servers no more than 500 emails may be sent from an account in an hour
Other prohibited mailing activities include the following:
- Use of Leading Edge Business Optionsservers and network for the receipt of replies to unsolicited mass e-mail
- Forgery of e-mail headers (“spoofing”)
- Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software
- Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication
- Hosting web pages advertised within “spam e-mail” sent from another network (“spamvertising”)
- Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
Block Removal Policy
If, as a result of a Customer’s actions, Leading Edge Business Optionsmail servers or IP address ranges are placed on black lists and other mail filtering software systems, Leading Edge Business Optionsshall charge the Customer $100 up front and $100 per hour thereafter for any necessary remedial actions.
IP Allocation Policy
A Customer shall not use IP addresses that were not assigned to it by us. We reserve the right to suspend the network access of any account or server utilising IP addresses outside of the assigned range.
Internet Relay Chat (IRC) Policy
Unless on their own Dedicated Server customers may not operate and maintain IRC servers which connect to global IRC networks such as Undernet, EFnet, DALnet. Use of IRC plug-ins, scripts, add-ons, clones or other software designed to disrupt or deny service to other users is prohibited. Harassing or abusive IRC activity is expressly prohibited under the AUP, including
- Disruption or denial of service
- The use or joining of “botnets” or the use of IRC BNC’s, or
- Other proxy and re-direction software.
If a Customer’s IRC servers are frequently compromised or attract denial of service or distributed denial of service attacks that disrupt or denies service to other Customers or users, We may null-route, filter, suspend, or terminate that Customer’s service.
Usenet Policy
Usenet posts and content must conform to standards established by the Internet community and the applicable newsgroup charter. We reserve the right to determine whether such posts violate the Acceptable Use Policy.
Legal Investigations Policy
Customers will cooperate and comply with any civil or criminal investigation regarding content located on its Accounts or Servers, including, without limitation, the following: discovery orders, subpoenas, freeze orders, search warrants, information requests, wire taps, electronic intercepts and surveillance, preservation requests, and any other order from a court or government entity (each an “Investigation”). We reserve the right to comply with any investigation without notice to a Customer.
Customers shall not be entitled to service credits, and we shall not be in default under any agreement for Services, if its compliance with any investigation causes a Customer to incur downtime or requires the sequestering of all or a portion of the Servers.
Violations of Policy
Leading Edge Business Optionsmay enforce any of thesepolicies with or without notice to a Customer by any actions it deems necessary in its sole discretion, including the following:
- Disabling access to a Customer’s content that violates these policies
- Removal of DNS records from Servers
- Blocking mail or any other network service
- Effecting IP address null routing
- Suspending or terminating of a Customer’s service
- Taking direct action against a Customer’s users and customers.
The aforementioned list of actions shall not be construed in any way to limit the actions or remedies that we may take to enforce and ensure compliance with these policies. We reserve the right to recover any and all expenses, and apply any reasonable charges, in connection with a Customer’s violation of these policies. No service credits will be issued for any interruption in service resulting from violations of these policies.
Leading Edge Business Optionsreserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP, with such investigation to include accessing of data and records on, or associated with, any Server.
Responsive Design Policy
Where Responsive Design is ordered, there may be limitations to the number of devices it is able to display on. In general terms our websites will be compatible with most mainstream phones and portable devices.However, while we endeavour to make our websites display consistently on as many formats as possible, it is not possible to guarantee that the site will be displayed consistently on every device.
Cancellation Policy
All cancellations must be requested in writing. Some 3rd party services may require a signed cancellation form, which can be requested from our administration team. We require 30 days written notice.
Social Media Policy
Connection to social media is via an icon set up on your website. We do not create your social media page for you unless otherwise expressly stated. Page setup does not include design.
Technical Support Policy
Unlimited technical support is offered with all our products unless otherwise stated. Leading Edge Business Optionsoffers complete flexibility for customers in that they can move their website to a hosting service of their choice. Customers should be aware that free technical support and regular remote updates are only available to those customers who use our hosting services.
If a change is made to the website by a third party or any software is installed which breaches the integrity of the website, Leading Edge Business Optionsreserves the right to refuse free technical support to the extent that the website in compromised. Where it is subsequently discovered that a change has been made which we did not install, then we will bill the customer for the hours spent in finding the issue and this will be charged at the relevant rate.
Where software is provided from a 3rd party provider, Leading Edge Business Optionswill not be responsible for software bugs. This is the sole responsibility of the 3rd party provider. However, all our providers do supply regular updates and maintenance releases.
Technical support is provided on a Monday to Friday basis but full monitoring of the website hosting and email hosting servers is maintained 24 hours a day 7 days a week. Technical matters outside of server issues will not be dealt with until the next business day if raised on a weekend or public holiday.
Fair Use Policy
- Unlimited Design Revisions – 20
- Changing layouts – 3
- Rescheduling of marketing sessions – 3
- Technical Support – 6 tickets in any one day
- Technical Support – only one issue per ticket