Standard Terms and Conditions
Webo Pty Limited (ABN 79 114 628 938)
Effective 1 January 2006
These are the standard terms and conditions of supply of the Webo products and
services offered from time to time on the Webo web site at www.Webo.com.au
("the Service"). These terms apply to you as a user of the Service ("Customer"
or "you"). Please read these terms and conditions carefully.
1.Terms and Amendment Procedure
1.1 These are the terms upon which we agree to provide the Service to the
Customer. In addition to these terms, you must also comply with:
Any conditions contained in the notes to the product description for products
or services you acquire;
Any additional terms which apply to the products or services you acquire (which
follow these Terms and Conditions);
Our Acceptable Use Policy
1.2 The agreement made between us on these terms commences on the date when your
order for Services was accepted by Webo.
1.3 We may vary these terms, the amount we charge for any Service, or the terms
of the operation of the Service, at any time. The changes will become effective
upon publication of the notice. If you use the Service after that publication,
your use will constitute an acceptance of the amended terms.
1.4 These terms constitute the agreement in its entirety and supersede prior
1.5 We may from time to time run promotions and make special offers of limited
time duration ("Promotions"). All Promotions are offered subject to their terms
and may be withdrawn or altered at Webo's discretion. The terms of a promotion
will override these terms to the extent of any inconsistency.
2.1 We will assign the Customer a logon name and password which will provide you
with access to the our application or service control panel (which is used by
you to configure various features of your service).
2.2 We must perform scheduled maintenance to servers from time to time. We will
attempt to perform all scheduled maintenance at times which will affect the
fewest customers. If scheduled maintenance requires the service to be offline
for more than 30 minutes we will post details of the scheduled maintenance.
2.3 We may need to perform unscheduled maintenance. If unscheduled maintenance
requires the Service to be offline for more than 30 minutes, we will post
details after the maintenance has been completed.
2.4 We will archive your data onto backup mechanisms on a regular basis for the
purposes of disaster recovery. In the event of equipment failure or data
corruption, we will restore from the last known good archive. In the event of
corruption of all of our archives, or in the event that an old archive is used
to restore data, you should be prepared to upload your data to your web site.
You must maintain a recent copy of your data at your premises at all times. We
will not be liable for incomplete, out-of-date, corrupt or otherwise deficient
Customer data recovered from our backups.
2.5 You agree to Webo's use of spam and virus filters which may require us to
use third party equipment or services to monitor and filter email traffic
between our equipment and the Internet. You agree that we will not be liable
for any loss or damage resulting from the use of spam or virus filters.
2.6 The Service is provided by Webo from its data centre in Australia. Webo will
determine in its absolute discretion from time to time the data centre location
from which your Service is provided.
2.7 In contracting with Webo for Services, the Customer obtains no rights to the
hardware and other infrastructure and facilities used by Webo to deliver the
3.1 You must pay for the Service as notified to you by Webo in accordance with
Webo's published prices for Services from time to time. If you have chosen a
yearly contract for your Service, your account will be automatically rolled
over for a further yearly contract at the end of the term. You must give us
notice before the end of the term if you wish to cancel or alter your Service.
If you elect to pay your fees on a yearly basis, and fail to make payment
within 30 days of invoice, you will not be entitled to receive the yearly fee
3.2 You must pay all Service charges, traffic and/or storage charges and other
amounts incurred by you or any designated users or incurred as a result of any
use of your password (whether authorised or not) in accordance with the billing
option selected and in advance. Where a billing option does not specify
otherwise, all Service charges are payable within 14 days of the date of
invoice (whether online or paper invoice).
3.3 Prices published on our web site are inclusive of any government taxes or
charges unless otherwise noted, and exclusive of any registration or delegation
charges imposed by domain name authorities.
3.4 In addition you must provide and pay for:
the installation and use of telephone lines and all other equipment needed to
access the Service; and
all government taxes, duties and levies (if any) imposed on either you or us in
respect of the Services or any other service or goods supplied.
3.5 You must pay all amounts billed in accordance with your billing option. No
credit terms are given to credit card accounts. Upon registration of a credit
card account, you give us authorisation to debit your credit card for all
charges. Billing period is on a monthly cycle beginning when you register. If
you register after the 28th of each month, your billing date becomes the first
of the next month.
3.6 You consent to us obtaining a credit reporting agency report containing
personal information about you (as well as information concerning commercial
creditworthiness and activities) for the purpose of assessment by us of an
application for credit (whether commercial or personal) or for the purpose of
the collection of payments which are overdue.
3.7 No refunds will be given for unused portions of payments in advance
(including payment of yearly contracts) unless the account has been terminated
due to Webo's breach of these terms and conditions. Yearly contracts which have
been automatically rolled over in accordance with clause 3.1 will only be
refundable if notice of cancellation is given during the 2 week cooling off
period at the beginning of the rollover term.
4. Customer Warranties and Indemnities
4.1 You warrant that:
if you are not the Customer, you have the power and authority to enter into
this agreement on behalf of the Customer and will indemnify Webo for any breach
of this agreement by the Customer;
at the time of entering into this agreement you are not relying on any
representation made by us which has not been stated expressly in this
agreement, or on any descriptions or specifications contained in any other
document, including any catalogues or publicity material which we have
you will conduct such tests and computer virus scanning as may be necessary to
ensure that data uploaded by you onto or downloaded by you from the Server does
not contain any computer virus and will not in any way, corrupt the data or
systems of any person;
you will keep secure any passwords used with the Service; and,
you hold and will continue to hold the copyright in the Customer Data or that
you are licensed and will continue to be licensed to use the Customer Data.
4.2 You are solely responsible for dealing with persons who access the Customer
Data, and must not refer complaints or inquiries in relation to such data to
4.3 You indemnify us against all costs, expenses, loss or liability that we may
suffer (directly or indirectly) resulting from:
your breach of these terms;
your use or misuse of the Service;
the use or misuse of the Service by any person using your account; and,
publication of defamatory, offensive or otherwise unlawful material on any web
site forming part of your service.
4.4 If your use of our Services involves storage, processing or transmission of
or access to any credit cardholder data, you warrant that the tools,
programmes, processes and technologies you use to do so comply with the Payment
Card Industry Data Security Standard ("PCI Standard") which is available at
Visa : PDF (184kb) and
Mastercard : PDF (187kb). You indemnify Webo for any loss, damage,
costs, claims and expenses which WebCentral may incur flowing from your breach
of this warranty. If you breach this warranty, Webo may terminate this
agreement immediately upon written notice to you (which may be delivered by
email to the person identified as your authorised contact), and without
prejudice to any other rights it may have under this agreement or at law.
5. Webo's Warranties and Liabilities
5.1 We accept liability for the supply of the Services but only to the extent
provided in this clause 5.
5.2 We do not warrant that:
the services provided under this agreement will be uninterrupted or error free;
the services will meet your requirements, other than as expressly set out in
this agreement; or
the Services will be free from external intruders (hackers), virus or worm
attack, denial of service attack, or other persons having unauthorised access
to the services or systems of Webo.
5.3 Where the Customer is a Consumer (as that word is defined by the Trade
Practices Act), we accept liability where: the Service is not supplied with due
care and skill; any material supplied in connection with the Service is not
reasonably fit for the purpose for which it was supplied; and we are otherwise
required to do so by the Trade Practices Act.
5.4 To the extent that the Service is not of a kind ordinarily acquired for
personal, domestic or household use, our liability is limited to, at our
option, to the resupply of the services again; or payment of the cost of having
the services supplied again.
5.5 Except as expressly provided to the contrary in this agreement, we exclude
all liability for indirect and consequential loss or damage of any kind, loss
or corruption of data, loss of revenue, loss of profits, failure to realise
expected profits or savings and any other commercial or economic loss of any
kind, in contract, tort (including negligence), under any statute or otherwise
arising from or relating in any way to this agreement and/or its subject
5.6 Other than liability accepted by us in clause 5.3, our total liability for
loss or damage of any kind not excluded by clause 5.5, however caused, in
contract, tort (including negligence), under any statute or otherwise arising
from or relating in any way to this agreement is limited in aggregate for any
and all claims to $10.
6. Suspension and Termination of Service
6.1 We may from time to time without notice suspend the Service or disconnect or
deny your access to the Service:
during any technical failure, modification or maintenance involved in the
Service provided that we will use reasonable endeavours to procure the
resumption of the Services as soon as reasonably practicable; or
if you fail to comply with any provision in this agreement (including failure
to pay charges due), or do, or allow to be done, anything which in our opinion
may have the effect of jeopardising the operation of the Service, until the
breach (if capable of remedy) is remedied.
Notwithstanding any suspension of any Service under this clause you shall
remain liable for all charges due throughout the period of suspension.
6.2 If your account has been suspended or terminated due to your breach,
reactivation of your account will be completely at our discretion. If we agree
to reactivate your account, we will require:
payment in full of all outstanding amounts; and
payment of a reactivation fee.
6.3 Webo reserves the right to refuse to supply services to a potential customer
who has previously had its account with Webo terminated for breach. In this
clause, "potential customer" includes:
(if the potential customer is a corporation) its Related Entity or Related
Party (as those phrases are defined in the Corporations Law); and
(if the potential customer is an individual) any corporation in which the
potential customer was at the relevant time an officer or shareholder, or a
Related Party of a shareholder.
6.4 Webo may without notice to you remove, amend or alter your data upon being
made aware of:
any claim or allegation; or
any court order, judgment, determination or other finding of a court or other
competent body, that the data is illegal, defamatory, offensive or in breach of
a third party's rights.
6.5 We may end our agreement with you and cease providing Services for any
reason, on 30 days written notice to you. You may close your account with Webo
on 30 days written notice to Webo.
6.6 If your account is closed you must pay all outstanding charges immediately
and we may delete all Customer Data from any storage media.
6.7 We are under no obligation to provide you with a copy of the Customer Data
if we have suspended or terminated your access to the Service for your breach.
If we provide you with a copy of Customer Data, we are entitled to charge a fee
7.1 The Customer grants to Webo a license to use and reproduce all Customer Data
in order to fulfil its obligations under this agreement. In this agreement
"Customer Data" means all information, data, text, logos, images, audio, movie
clips and/or content in any form that forms part of the Customer's web sites or
7.2 A provision of, or a right created under this agreement, may not be waived
except in writing signed by the party granting the waiver, or varied except in
writing signed by the parties.
7.3 You may not resell Services or assign your rights and obligations under this
agreement without our prior written consent.