OUR SERVICES INCLUDE:

 

1.0 HOSTING SERVICES ...click/here
2.0 WEB DESIGN ...click/here
a) Stand Alone New Website Designs
b) Upgrading Existing Websites with new website design structure
3.0 DOMAIN REGISTRATIONS...click/here
4.0 WEBSITE MARKETING: Search Engine Optimization (SEO) ...click/here
5.0 ECOMMERCE SELF ADMIN ...click/here
6.0 PAYMENT REQUIREMENTS ...click/here
7.0 VINYL SIGNS ...click/here
8.0 INDEMNITY ...click/here
9.0 AGREEMENT ...click/here
10.0 TUTORIALS FOUND ON YAZOOGLE WEBSITE ...click/here

By Accepting these Terms and Conditions YaZoogle agrees to provide the Services set-out in below. We also reserve the right to amend these Terms and any prices signified in these Terms from time to time.

 

1.0 HOSTING

1.0 Hosting Resale: You must not resell, or attempt to resell, the Services or Transfer your Account to another person without our prior written consent.

1.2 Interruption of Service. You hereby acknowledge and agree that YaZoogle and its suppliers will not be liable for any temporary delay, outages or interruptions of the Services. Further,YaZoogle shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure) and therefore can not be held responsible for any third party ceasing their service to Yazoogle Web Design on behalf of their clients, therefore any fees paid to this third party is nonrefundable.

1.3 Backups and Data Loss: Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers via FTP with user name and password supplied to you on purchase of this service.

 

2.0 WEBSITE DESIGN

YaZoogle offer 2 types of Web Web Design Services

a) NEW WEBSITE b) UPGRADING AN EXISTING WEBSITE

2.1 NEW WEBSITE YaZoogle will discuss the new site structure and new content ( including text - images - flash and other media types etc ) that may be required for the website either by: On site visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

2.2 UPGRADING AN EXISTING WEBSITE - When upgrading an Existing Website to a New Design format only - YaZoogle Web Design, will design a New Site Design with the Existing Website Content and Number of Pages intact ( We Copy and paste the exiting text and images etc to new pages ) : On site visit, on the telephone, and/or using electronic media such as fax, e-mail, Cd Roms posted etc

2.2.1 Content Change: If thereafter, the content of the website is then changed.... either by 1) new text , 2) new images, 3) new flash 4) And other content not presented on the existing website - then there will be additional fees for such new changes ordered which will then be added to the Final Invoice.

2.3 Supplying Website Content to YaZoogle
2.3.1 Original Website Content
The website content you supply to YaZoogle for your website must adhere to all website copyright infringement laws. It is solely your responsibility to supply true and original web content - we will not be held responsible if the content supplied by you is not original. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against Yazoogle.

2.3.2 Web Content from 3rd parties - any website content supplied to YaZoogle such as, graphic images, drawings, photographs, Text, logos, Flash, Movie files, Audio files, Website Content from another website , must have a written letter or e-mail from the originators giving you permission to use on your website. If a 3rd party sues YaZoogle , as a result of you supplying unoriginal content - you agree to pay all our solicitor fees and any costs awarded against Yazoogle.

2.4 Copy-Right
2.4.1 The website design copy-right will remain with YaZoogle until payment of all Invoices are made in full by client and the copy-right shall then be immediately transferred to the client.

2.5 Before work Starts:
2.5.1 A Preliminary 1st Phone interview, e-mails, or 1st face to face on site interview will occur between YaZoogle and the client to establish what the requirements are required to develop the website. From this, a 'Quote' will be issued by YaZoogle.

2.5.2 At this point we are now establishing a "recordable email paper trail" of "Intent" by both parties

2.6 Website Work Starts When:
2.6.1. You agree in writing to this website Quote.
2.6.2 A 40% deposit is paid in full based on the Quote issued.
2.6.3. You agree that any additional items required for the website not mentioned on original quote will incur additional fees during the design process to be quoted.

2.7 Website is Published when:
2.7.1 The balance of the website Quote(s) are paid in full.

2.8 Additional Design fees: YaZoogle will create up to two designs for the Website structure and design Quoted however, any design after this, will require an hourly fee of $75 until the design is agreed upon by the client.

2.9 Additional Content fees: CONTENT CHANGES ( applies to New and Existing Websites )

The Content is supplied by you, the client, for individual web pages - ie either we are instructed to copy and paste the content from your EXISTING Website or it is supplied by e-mail/CD Rom etc for the NEW Website.

This content is then added to the said web page eg Product Page and uploaded to the YaZoogle Temp Client Folder for viewing.

After this, if any page content is then changed by the client - there will be additional charges based on an hourly rate of $75/hr. It is therefore better to provide all website content correctly once, as not to impose any additional charges for repeating the said work ordered.

2.10 Temporary Hosting to View Website in Design Progress: The proposed website will be designed and uploaded to a Temporary Holding Site for you to view and comment on.

2.11 Payment must be made in full before website goes live: When both parties agree that the Website is completed and full payment is made to YaZoogle as issued in the Final Invoice and will also include any new work assigned from original Quote ( if issued) it will then be uploaded to the Hosting Bay of your Choice and made Live.

2.11.1 Website suspension for non Agreement and Payment: YaZoogle has the right to suspend the website completely off its hosting. This includes Additional Quotes not being agreed to and Invoices not being paid for during development both before and after the website is made live.

2.12 Website Changes by Third Party - FTP DOWNLOAD or FTP UPLOADS: If in the course of designing your website and/or after the website is completed and uploaded to the nominated hosting account and you or a third party ( eg marketing company ) tampers with the website structure and/or design and corrupts the website as a result , we bare no responsibility to the website error. IF you then require for us to load the website back to its original format from our hard-copy in-house , there will also be a $150 fee for re-instating the website back to its original format.

2.13 IT Support: setting up your e-mail accounts, or other computer work not associated with the website. There will not be any hands on computer assistance. This may lead to future problems with responsibility, tort and or blame if the data from your computer is lost.

2.14 Marketing Your Website YaZoogle  is not responsible for marketing your web site after it is completed and uploaded to the Hosting of your choice. ( This is a additional fee if marketing is required )

2.15 Loss of Customer sales YaZoogle is not be responsible for any loss of customers or sales if the web site has either been removed for any reason. You will not hold YaZoogle responsible for any type of financial loss. Once your site is registered for hosting and domain name and uploaded...Your site is effectively working.

2.16 Payment Plans YaZoogle does not offer payment plans.

2.18 NO Refunds Apply : After your web site is completed and loaded on the Hosting of your choice (FTP Upload., burn on DISC, files copied) NO REFUNDS apply.

2.19 Pricing changes: YaZoogle can change the pricing at any time for future work not already quoted .YaZoogle will notify you in writing of any change to the Service Charge or the Additional Charge for your Service at a reasonable time before those changes come into effect or only after the all work has been completed for any quote issued.

2.20 Termination of work

2.20.1 Termination of work Type 1: We do not tolerate abusive behaviour

We support a "Zero Tolerance" Policy in our work place including our website clients. We will not tolerate abusive behaviour or continue abusive behaviour with our Customers and Clients. We reserve the right to decline any product or services YaZoogle offers if we believe it is not possible to have respect with our Customers and Clients. All work will cease immediately.

2.20.2 Termination of work Type 2: New work Quoted denied.

If the client orders new items for the website not on the original quote and does not agree to pay for the additional items at the quoted price, then it will be grounds for immediate Termination of all existing and future work until at a time it is agreed to. YaZoogle also reserves the right to immediately suspend the client Temp hosting website access until the client either agrees in writing to accept the new Quote(s) or pays in full for the work to be completed.

2.21.1 Termination of work after website is Published: Accessing your Web Site for Future Designers. The Client must give us at least 30 days written notice for termination of the Service. No refund shall be given for any unused time or services.

If any work on the web site has been partly completed or fully completed and uploaded to the Hosting Account, Your web site can be accessed for free by downloading it through the HOSTING FTP Services ( these access codes will be give to you by either YaZoogle if you are hosting with us or should be provided to you by your other Hosting Account Provider )

However, if this Hosting Service of your web site has now expired from non payment then a CD ROM of your web site can be made available through Yazoogle for a fee TBA . It is your responsibility to therefore download your website before the website hosting expires.

2.22 Charge of Service:YaZoogle will send you an invoice in advance for the Service Charged. You must pay the Service Charged immediately.

2.23 Dishonoured Cheque: If your cheque is dishonoured, YaZoogle will notify you. You must pay that amount, together with any additional fee which YaZoogle has incurred as a result of your cheque being dishonoured, to Yazoogle by money order or direct transfer to our bank account.

2.24 Late payment fees: We will charge late payment fees, not to exceed the maximum amount permitted by law and You agree to pay any reasonable attorney's fees and costs that YaZoogle and our agents incur in collecting any unpaid amount.

2.25 Change of Charges: We reserve the right to vary the rates and charges at any time without notice. Any changes will affect only renewals and not existing accounts already paid for.

2.26 Call out On site fees: There is a $75.00/ hr fee for any On site Work such as any work/discussions about your website and $35/Hr travel time

 

 

3.0 DOMAIN REGISTRATION

 

3.1 Registrant Obligations

Throughout the Term of the Registrant Agreement with YaZoogle , the Registrant must

By submitting this application for a domain name, you confirm that you are eligible to hold the domain name set out in this application, and that all information provided in this application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this application in bad faith, the domain name licence can be cancelled and you can permanently lose the use of the domain name

Give notice to the Registry Operator, through the Registrar, of any change to any information in the Registrant Data.

Must not, directly or indirectly, through registration or use of its Domain Name or otherwise.

*Register a Domain Name for the purpose of selling it;

*Register a Domain Name for the purpose of diverting trade from another business or web site;

*Deliberately register misspellings of another entity's company or brand name in order to trade on the reputation of another entity's goodwill.

*Register a Domain Name and then passively hold a Domain Name Licence for the purpose of preventing another registrant from registering it.

The Registrant must not in any way:

* transfer or purport to transfer a proprietary right in any domain name registration;
* grant or purport to grant a registered domain name as security,
* encumber or purport to encumber a domain name registration.

YaZoogle does not represent or warrant the availability or registrability of any domain name to the Customer. The Customer agrees that it will have no rights or cause of action against YaZoogle if a domain name cannot be registered.

Any act or commission by the Customer in respect of an actual and/or attempted registration of a domain name prior to notification by YaZoogle occurs at the sole risk of the Customer.

YaZoogle will not at any time, assume any liability whatsoever in respect of the use by the Customer of any domain name.

Any disputes arising must be resolved between the parties involved

In the event of a dispute, YaZoogle will not be obliged to become involved, or take part, in a dispute but may, in its sole and absolute discretion:

(a) withhold or suspend a domain name; and or
(b) make written representations it deems fit to the Registry

3.2 Customer Domain Registration/Ownership We cannot guarantee that any URL's and/or domain names you request for your Web site will be available for your use. In the event that none of your requested URL's are available, we will contact you and request alternatives. In cases where the customer owns their own domain the Customer grants us permission to transfer their domain from existing registrar to another for the management of the domain while we host the Web site or Web site products.

3.3 Domain Registration - Domain Misspells - no liability or refunds

When your Domain Name has been submitted for Registration, a Domain Registration confirmation e-mail will be sent to you by Yazoogle with the domain order details being processed.

Please check for errors

If you do not respond to this e-mail pertaining to any errors within 24 hours regarding

a) domain name being incorrect
b) the registrant names being incorrect

then Yazoogle cannot be held liable for the incorrect domain order going through. Please check carefully that the order is correct.

3.4 Domain Payment and Registration : All successful online domain payments are processed immediately. An e-mail will be sent to you to confirm your Domain Registration, you then have 24 hours to respond to any domain misspells or registrant errors. Please check your e-mail to confirm the Domain order is correct.

3.5 Domain Transfer -  must occur 60 days before domain is due:  If a Domain Name Key is requested to transfer a domain to another server, this must occur before the 60 day non transfer window. This occurs 60 days before the domain name is due.

3.6 Request Domain Key: An Admin fee of $30 will be charged by YaZoogle to access a domain key for a customer.

3.7 All offline Domain payments - If you submit an offline Domain Application registration Form, we will issue an Invoice and payment must be made within 7 days after Invoices are received by you. Domain Names cannot be registered until payment has cleared in the bank. An e-mail will be sent to you to confirm your Domain Registration, you then have 24 hours to respond to any domain misspells or registrant errors. Please check your e-mail to confirm the Domain order is correct.

3.5 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

 

 

4.0 WEBSITE MARKETING - Engage SEO Services with YaZoogle

4.1 Responsibility: You agree that YaZoogle is solely responsible for Ranking your website using their website marketing and SEO expertise.

4.2 Top 30 Ranking: We aim to get your website into the TOP 1 -30 of Major Search Engines using specific search key words such as Google -Yahoo - MSN - Lycos within a 6 month time-frame.

4.3 SEO Recommendations: You agree that search engines are independent companies who select and rank sites using their own criteria. To obtain a high ranking you must follow Yazoogle SEO Recommendations for optimising your website. 

4.4 Website Traffic and Sales: We cannot be held liable for any loss of sales from poor website traffic.

4.5 No Client self-marketing: You must agree that you will NOT submit your website to any Search Engines or web directories yourself. If YaZoogle finds that you have done so then:

a) The Top 30 SEO ranking will be held null and void
b) We will not be held responsible for your website address that will/may appear on undesirable websites as a result of this self-marketing.
c) We will not be held responsible for any loss of business sales or legal actions taken against your website or us for such links appearing.
d) We have the right to Terminate our Marketing Agreement with no refunds.

4.7 Termination of SEO Contract by Client : If you are ranking in the Top 30 of all major search Engines and decide to cancel your SEO with YaZoogle then you will be charged a contract breaking pay-out fee of $1000.

4.8 Termination of SEO Contract by YaZoogle : If you are not ranking in the Top 30 of all major search Engines and YaZoogle decides to cancel your SEO contract then Yazoogle will refund you 50% of the cost for the present contract year as Quoted.

4.7 Fees:
4.7.1. Marketing SEO Set-up fee - this is a one off fee to be Quoted which you agree to pay YaZoogle this fee before SEO starts.

4.7.2. Marketing SEO Maintenance Fee - you agree to pay YaZoogle thereafter, a monthly maintenance fee ( based on a agreed Quote ) for maintaining your SEO rankings to be paid 1 year in advance.

4.8 PAYMENT REQUIREMENTS:
4.8.1 Payments. All payments must be made immediately after Invoices are received by you (E-mail, fax, or posting tax invoices) If payment is not received then Yazoogle has the right to temporarily remove the your website from the WEB until such payment is made.

4.8.2 Non-payment- YaZoogle will have the right to remove all you website SEO Source Codes and you agree that YaZoogle will not be held liable in any way for the loss of website ranking as a result of these code removal.

4.8.3 REFUNDS: If your Website does not reach 1 - 30 in the major search engines after a 6 month time frame we will refund you 50% of the fees paid to YaZoogle.

4.9 TERMINATION OF MARKETING AGREEMENT


4.9.1TERMINATION BY CLIENT: You agree that if your website is ranking in the Top 30 of all major Search Engines i.e. Google, Yahoo, lycos. MSN Bing and this Marketing Contract with YaZoogle is then Terminated by you ( the client), You AGREE to pay a Yazoogle a Broken Contract Payout Fee of Aud $1000.00. You also AGREE that the website SEO source codes shall remain the intellectual property of YaZoogle and they shall be removed from my website on the date of Termination. You AGREE that the website SEO source codes shall remain the intellectual property of YaZoogle and they shall be removed from my website on the date of Termination.

4.9.2 Termination for Illegal website content :YaZoogle Marketing Services will be terminated at any time if the website contains any illegal material such as pornographic content, and or racially abusive content without any refund. You AGREE that the website SEO source codes shall remain the intellectual property of YaZoogle and they shall be removed from my website on the date of Termination.

 

5.0 E-COMMERCE (Self Admin Package)

 

5.1 Licence: This e-commerce Shopping Cart Service is licensed for the life-time registration of one nominated domain name with the said shopping cart being uploaded to Yazoogle's own hosting server provider only.

5.2 Fees The client will pay a 1) set up fee and 2) yearly Hosting /Domain fee for the use of this This e-commerce Shopping Cart Service being provided by YaZoogle and accessed through our servers for one nominated domain name.

5.3 Domain Name: This e-commerce Shopping Cart Service cannot be transferred to another Domain Name.

5.4 Hosting: This e-commerce Shopping Cart Service cannot be transferred to another Hosting server.

5.5 On Time yearly payments: Yearly Domain and Hosting Fees MUST be paid on time: It is VERY important that you agree that you do not let your Domain Name and Hosting FEES lapse when they are due yearly as the e-commerce service will be deleted. This means all products uploaded by you on the back end self admin will be lost.

5.5.6 NOT responsible for Loss of Income: YaZoogle cannot be responsible or liable as a result of the E commerce Service being suspended for

any loss of sales
any loss income
any loss of new start-up costs
any loss of the time taken to upload the original products again

5.7 Termination of service: If the client terminates their agreement with YaZoogle to provide the shopping cart service. 50% of the setup fee shall be paid to the client along with the remaining yearly hosting fees paid to date for the shopping cart service.

 

 

6.0 PAYMENT REQUIREMENTS:

 

6.1 Payments. All payments must be made in full after Invoices are issued- ( max 10 days) - a late payment fee will occur thereafter if payment is not received by this time.

6.1.2 If payment is late or not paid: Yazoogle has the right to A) Remove a Live website from its hosting in its entirety ( effectively switching it off from any web users ) and b) for those Websites waiting to Go Live on Temp Hosting.

6.2 Domain Registration payment: Domain name(s) registered by us on Client's behalf are registered in your name and ownership of such domain belongs to you, provided the appropriate registration or renewal fees are paid when due. You grant us permission to administer the domain name(s) on your behalf. The administration fee/service is included in the domain registration/renewal pricing schedule.

6.2.1 Failure to pay your domain registration renewal by the due date will result in your domain name being cancelled. Once the domain name has been cancelled, it will be available for registration by anyone.

6.3 Refunds will be allowed for work not done ( all work Completed will have a fee based on your Quote )

6.4 Changing DNS assigned IP Numbers to a Domain Name not purchased by Yazoogle If YaZoogle has to contact your hosting company/ or ISP server to re-assign DNS numbers a $50.00 FEE will apply.

 

 

7.0 YaZoolge Vinyl Car Window Signs and General Vinyl Signs

7.1 Your Orders:
By placing an order on this Site, you represent that you have the right to use all logos, text and/or graphics submitted by you to us. We reserve the right, in our sole discretion, to refuse to accept orders from customers who we have reason to believe have infringed or otherwise violated the intellectual property rights of others.
7.2 Shipping and Risk of Loss:
All items purchased from the Site are delivered pursuant to a shipment contract with the carrier of our choosing. The risk of loss and title for such items will pass to you upon our delivery of your order to the carrier. Any shipping damage should be reported at the time of delivery to the shipping company. If special packaging is required for proper shipping, you will be charged accordingly.
7.3 Refunds, Order Changes, and Cancellations:
We will use reasonable efforts, upon your request, to change or cancel your order prior to production. If the order has not yet started the production process, no additional change or cancellation fees will be applied. If your order is changed, the setup fees may vary from the original quote depending on your requirements.

If an item has begun production, unfortunately, we cannot stop or change the order. We can, if you wish, prevent shipment or redirect it. You will be charged the full amount of the order for all orders cancelled at this stage.
7.3. Application on Car Windows: You agree that this Vinyl Sign is only to be applied to the outside of the car rear window.
7.2. Wrong Application on Car: You agree that if you apply the sign to any other place on your car and that if the paint underneath fades at a different rate when the sign is removed that YaZoogle is NOT responsible for the damage caused.
7.3 Other Damage: You Agree that any damage to any other type of surface area/material that you are applying the sign to is NOT the responsibility of YaZoogle.
7.4 Glue damage: You Agree that you are aware that the Vinyl sign has a sticky glue background that will remain on the surface/material after it has been applied and then removed and may cause damage that is beyond our control and as a result we are NOT responsible for the damage the glue may cause.
7.5. Sign Damage before application : You agree that if you damage the Sign before applying it, you are only responsible. If you need to re-order there will be a Fee to be quoted.
7.6. Applying: You agree that after reading the instructions that if you are still NOT confident of applying the sign, that you get an expert to do it for you!
7.7 no guarantee: You Agree that there is no guarantee that this sign will keep in good condition after 4 years. After this time, there may be some fading of the coloured letter and lifting of the letter edges due to wear and tear.
7.8 Not Applied Properly: You agree that if you do not apply the sign properly. as per the instructions, if it not stuck to the window/background firmly the resulting air bubbles and edges may not being stuck down properly and will cause the vinyl sign to lift off the surface. Iif this is the case, YaZoogle is not responsible for the loss of the letters from the applied surface.

 

 

8.0 INDEMNITY:

 

8.1. You acknowledge that YaZoogle has no control over: the availability, content and accuracy of information and material on the Internet; or material or content viewed, downloaded or stored by any person using your Web site.

8.2. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising out of the availability and content of information and material on your web site

8.3 Third Party Action: Any alleged Third Party action that is brought against Yazoogle in relation to any/all content pertaining to your website loaded onto your hosting of choice including, website Domain name - website logo - website images - website written content supplied to us for use on your website - you agree to be held accountable to all our legal fees incurred by YaZoogle in defence of these actions/torts brought against us by a third party if they deem the content of the website is unfit.

8.4. You acknowledge not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities liability in any way over any Domain names being registered with Incorrect Spelling or Incorrect Registrant Details. It is the customers responsibility to carefully check for any errors and report them within 24 hours of receiving the Final e-mail confirmation of Registered Domain from YaZoogle. If you fail to to report an error, we cannot be held responsible for Domain Registration not being altered within this time-frame.

8.5. You agree to indemnity and not to hold YaZoogle from and against all actions, suits, claims, demands, losses, damages and liabilities whatsoever in any way arising from the temporary suspension of the website refer 2.11.1 Website suspension for non Agreement and Payment:

8.6.You agree to indemnity and not to hold YaZoogle liable for any loss of sales from from the temporary suspension of the website refer 2.11.1 Website suspension for non Agreement and Payment:  for non payment of invoice and agreement to new Quotes.

 

9.0 TUTORIALS FOUND ON YAZOOGLE WEBSITE

 

You agree, that YaZoogle has only suggested the use of any TUTORIALS found ont he YaZoogle Website. After viewing these Tutorials, however, if you still are not confident of using these and something goes wrong as a result of using them, you agree that YaZoogle cannot be held liable for your website being deleted by accident from your hard drive and you agree that YaZoogle is not liable for any damage to your computer in its entirety as a result of following these Tutorials.

 

10.0 AGREEMENT

 

8.1 If you do not agree to these terms and conditions YaZoogle will cease their services with you immediately.

8.2 Changes are allowed in this Terms only if YaZoogle puts forth in writing.

If you think that it is not right for you, please be advised to get professional expert help you instead.

Thank you for joining the YaZoogle Team

Joanne Smith
Web Admin
www.yazoogle.com.au

NB* By reading our Terms and Conditions, these are now binding.
You have been made aware of these for any future and pending work by YaZoogle