Terms of use

In these Terms of Use, “we”, “us” and “our” means Clopp.com.au.

In these Terms of Use, “you”, “your” and “the client” means you the user accessing the website http://Clopp.com.au and the services provided by us.

You should read these Terms of Use, Privacy Policy and Refund Policy before using our website or services. By you continuing to use our website or services, that means you have read and understood our Terms of Use, Privacy Policy and Refund Policy. If you do not agree with them then please do not continue.

We may amend these Terms of Use from time to time. Please check back regularly to ensure that you are kept updated. For your convenience we place a date and time at the bottom of the page when we amend our Terms of Use, Privacy Policy and Refund Policy.

Hosting
1. These are the standard terms and conditions which apply to all websites hosted with Clopp.com.au. For the most part they should not have any effect on the way you use our services, the conditions outlined in this document are not intended to be more restrictive than most other commercial hosting services available in the Australian Market. They are provided to protect both ourselves, you and other clients using our services, from having your level of service being downgraded by the actions of others. If you have any problems with any of the conditions or terms please feel free to contact us as we are willing to discuss and resolve any problems you may have.

This agreement governs the terms of use by the Client of all Services provided by Clopp.com.au. For the purposes of this agreement you (the client) will be referred to as “the client”.

Hosting (Bandwidth – Data Limit and Fees)

1a. In the event the Client reaches the calendar months’ bandwidth limit, the client may ask for a temporary limit increase, a maximum of 1 (one) FREE increase per 3 month period applies. If the client reaches the limit once again after we have increased it, the client can request to have their bandwidth limit increased however a fee of $10.90 inc GST for 3gb (3,000mb) will be payable. Please note that the increase amount will not be more than 3gb (3,000mb). A maximum of 12gb (12,000mb) will be increased per calendar month calculated at $10.90 inc GST per 3gb (3,000mb) increments.

1b. We reserve the right to increase/decrease our hosting fees at any time. If our hosting fees increase or decrease you will only need to pay the new rate when your hosting fees are up for renewal. Price increases rarely occur and when they do they reflect the market value and will remain competitive.

Hosting (Unsolicited Email, SPAM, Malicious Software or Illegal activity, Agreement)

1c. The client agrees to use the services according to the account selected or as specifically stated on their invoice. In the case of developers or where a single client holds multiple accounts these terms and conditions will be taken as binding to all existing and subsequent accounts once the client has provided acceptance of these terms and conditions.

1d. Compliance with Law. In using the services provided, the client must abide by all applicable Local, State, Federal and International laws, treaties and regulations. Any violation of this provision can result in termination immediately or with 30 days notice depending on the severity of the violation, at the absolute discretion of SiteGoLo.com.

1e. Terms of Agreement. Subject to clause (1.f) This agreement will continue for a period of 12-months unless otherwise stated. This agreement will automatically be renewed at the end of the initial Term unless terminated in accordance with this Agreement.

1f. Termination of agreement. Unless otherwise stated this agreement may be terminated at any time by the client on the giving of 30 days notice. Unless otherwise stated this agreement may be terminated by SiteGoLo.com on the giving of 60 days notice.

1g. Refusal of Service. SiteGoLo.com retains the right to refuse service and no refund or credit will be issue to the Client. Refusal of service may result if:
(a) the client fails to pay accounts within 14 days after the due date.
(b) the agreement is terminated; or
(c) the client misuses the services or fails to comply with the customers obligations under the agreement.

1h. Unsolicited Email. The Client must not send Unsolicited email via Clopp.com.au mail servers. The clients’ site must not be referenced or linked to in Unsolicited email. The client must not use our service to collect personal details such as email addresses, phone numbers, mailing addresses or any other personal information via our server to send Unsolicited emails, messages, letters, make unsolicited calls or to sell personal information to a 3rd party.

1i. Unpaid Accounts. Accounts may be suspended if they are not paid within 14 days after the due date and prior arrangements are not made. All data contained in a suspended account will remain on the system, however, account holders will have no access to it, the website will display a notice stating that the account is in arrears or website suspended.

Accounts will be removed from the system and all associated data deleted if the account is not paid within 3 months (90days) after due date. Whilst accounts are in arrears, clients will not have access to data stored on Clopp.com.au servers. SiteGoLo.com reserves the right to delete data on cancelled accounts.

1j. Unauthorized access. Attempt to use Clopp.com.au servers by the client to attack other networks/computers will result in cancellation of the account at the discretion of Clopp.com.au.

1k. Entire Agreement. The client acknowledges and agrees that this Agreement is the entire Agreement between the parties and excludes all oral or implied representations and terms unless such terms are agreed between the parties in writing.

Graphic Design and Printing
2. Clopp.com.au requires payment in full for all of our Graphic Design and Printing Services prior to work commencing. For our regular customers who have been ordering with us for a minimum of 6 months, a thirty day account may be available subject to a credit check and approval. Please contact us for more information.

2a. Once you have approved a design such as a logo or any other form of graphic design; and once revisions have commenced then you will NOT be able to change your design concept unless you order a new design. Additional fees may be payable if you wish to change your concept at our standard graphic design rate of $80 + GST per hour with a minimum of 2 hours paid up front before commencement of work.

2b. All print media (business cards, flyers, posters, banners, catalogues and anything else that gets printed) artwork designs will be sent in a ‘print ready’ format such as PDF only. At no stage will SiteGoLo.com release the original file (In Design, PSD or Illustrator file) used to design your print media unless agreed to before hand. Original source files for print media are available – additional fees may apply.

Graphic Design and Printing – Service Exclusions
2c.Clopp.com.au do not provide any graphic design, website/eBay design, development, marketing or printing service to the Adult industry. All orders that come through via the Clopp.com.au website automatically will be refunded using the same payment method that was used to make the purchase.

All artwork will remain with Clopp.com.au and will only be released upon a release fee being paid. A release fee is paid to us to release your artwork in the original unmerged format and varies between $279 + GST up to $899 + GST.

By you using our design services you are agreeing to the Terms of Use.

Website Design

3. When purchasing a website, Clopp.com.au requires a 50% deposit on commencement with the remainder payable prior to the uploading of the website.

3a. Work on your website will commence ONLY after receiving cleared funds (deposit or payment in full) and ALL of the necessary content. As Clopp.com.au works according to a schedule, we require all of the information in front of us before we commence the project. Failure to provide us the information required from the start will greatly affect the delivery date. Clopp.com.au takes no responsibility for delayed uploads due to delays in receiving the content or payment.

3b. Upon completion of the website, cleared funds are to be received in full in order for your website to be uploaded and made live. Any delays associated with non-payment are not the responsibility of Clopp.com.au.

3c. A valid hosting account will be required to have your website live.

3d. Clopp.com.au adds a signature to the bottom of each website design. A fee of $289 + GST may be payable in the event you wish to have this signature removed. Even if the back link is removed we still reserve the right to use your website design as part of our portfolio.

3d. By removing our signature ‘Website Design by Clopp.com.au’ without written consent by either email, fax or mail, this will be in breach of our Terms of Use. By breaching our Terms of Use we may refuse to give support, issue warranties or provide any files or artwork in either electronic form (Email, File Sharing or any other form electronically) or media (DVD, CD or USB).

This applies even if we are hosting your Website

3d (2) Clopp.com.au reserves the right to publicly display and advertise your website as part of our portfolio. These displays will only be done on the Clopp.com.au website, Our Social Media pages and printed media even if you wish to have the back link removed – Refer to Section 3d.

By you purchasing a website design from us you are agreeing to the Terms of Use.

3e. There are no lock in fees associated with your website for “paid full” websites and services. You are free to move your website to another service provider (hosting provider) if you wish to do so at any time. Any cost associated with the transfer to your new service provider (hosting provider) that may arise is payable by you, the client, and not Clopp.com.au. Any downtime of your website that may occur during the transfer is not the responsibility of Clopp.com.au. This paragraph do not apply to subscriptions, subscription websites and subscription services.

SiteGoLo.com takes no responsibility under any circumstances for any errors that may occur during the transfer.

We do not provide any support for the transfer of your website.

3e. If your website is not hosted with us, our free after hours support service, website maintenance and or technical assistance will not be available to you. A service fee $165 + GST is payable if you require tech support which must be paid before support is given. This can be paid by either PayPal, Visa or MasterCard.

3e. (2) Website performance and warranty – All of our websites come with a performance guarantee to be without any defects and working to the standards as per your agreed requirements. All warranties and guarantees only apply if the website is hosted with SiteGoLo.com.

If you have a CMS and/or eCommerce website using any of the following:

– Joomla
– WordPress
– BigCommerce
– Magento
– OsCommerce
– WooCommerce
– ZenCart
– OpenCart

You must keep your website updated to the latest version when available. Not doing so may be in violation of our terms of use and our performance and warranty will no longer apply.

If your account was spamming then we may terminate / suspend your account

This applies only if we are hosting your website..

Clopp.com.au takes no responsibility for any issues that may arise by you upgrading your website, we recommend you do a FULL compatibility check on EACH module installed and take a full backup before upgrading.

If you are unsure how to upgrade your website we may be able to assist, please contact us for a quote.

If the website is not hosted with us our warranty and guarantee applies for thirty days (30) after the site has been uploaded and made live. If any issues arise after the thirty day (30) period a service fee is payable. Refer to Section 9
eBay Store Design

4. When purchasing an eBay store design, Clopp.com.au requires a 50% deposit on commencement with the remainder payable upon approval and coding of the listing template and before final artwork / access has been given.

4a. By purchasing an eBay store design service from Clopp.com.au you are agreeing that all payments will be made to us in FULL before you will receive the final artwork or access to the eBay listing editor.

4a. (2) Failure to pay for eBay store design may result in store suspension where your store will be taken offline until payment has been made. Refer to Section 1i

4b. Cleared funds are to be received in full in order for your eBay store or listing page to be uploaded or sent via email. Any delays associated with non-payment are not the responsibility of Clopp.com.au.

4b. Work on your eBay store will commence ONLY after receiving cleared funds (deposit or payment in full) and ALL of the necessary content. As Clopp.com.au works according to a schedule, we require all of the information in front of us before we commence the project. Failure to provide us the information required from the start will greatly affect the delivery date. Clopp.com.au takes no responsibility for delayed uploads due to delays in receiving the content and/or payment.

4b. (2) Your eBay account must have a store subscription. We can not install an eBay store if you don’t have a store subscription. When we program your store after you have approved the design, we will do so to the store name and username supplied to us. Changing this after we have completed programming will result in broken links and store not being found. A charge may be payable if we need to re program parts of the store to match the new store name and/or username.

By you purchasing an eBay Store Design from us you are agreeing to the Terms of Use.

4c. Clopp.com.au has developed its own eBay editing software. Access to the software is provided for free to customers that are on our eBay store monthly packages which are hosted with us. If you have purchased the eBay store outright or are hosting your on eBay store then access to our eBay editor will be provided only as a subscription bases. The cost to access the editor is $29 + GST per month paid 1 year up front

4c. Clopp.com.au offers full support to the client for using our eBay editor.
In the event that you attempt to make changes to our code and damage it, your store will no longer work with the editor and with eBay. Clopp.com.au may refuse support and charges may be payable to have this fixed.

4d. A valid hosting account will be required to have your eBay store live. You are free to provide us with your own hosting provider as long as your hosting account has PHP 5.4 or later enabled and allows read/write access to some files.

We are not responsible if your hosting provider suspends, terminates or applies any restrictions to your account that may arise due to either excess CPU or RAM usage (usually due to excess traffic to your eBay store). We also recommend you read their own terms and conditions.

If you prefer us to host your eBay store (highly recommended), you are agreeing for Clopp.com.au to host and store your eBay store files (no personal details such as credit card or eBay login details are stored with us) and that the cost of our hosting services starts from $14 per month +GST ($184.80 GST inclusive – payable 1 year upfront, 12 calendar months), however, you need to be aware that in some circumstances your hosting fee’s can be up to $51 per month + GST ($673.20 GST Inclusive – payable 1 year upfront 12 calendar months). This depends on the type of hosting services you require.

Our rights and your obligations

4e. Clopp.com.au adds a signature to the bottom of each eBay store design. The signature is a tile with the Clopp.com.au logo. This is linked to our website. A fee of $589 + GST is payable in the event you wish to have this signature tile removed.

4e. The Clopp.com.au signature that we will place will be a discrete “Professional eBay Store Design by Clopp.com.au” or similar branding as a tile at the bottom of your eBay store no bigger than 200×75 pixels. Removal, covering or any other interference of this branding is not permitted. You will have no claim on any revenue derived. You must not remove, cover or otherwise interfere with this branding, and have no claim over revenue made by Clopp.com.au resultant from such branding.

4e. (2) Clopp.com.au reserves the right to display your store as part of our portfolio. This applies even if you pay to have the signature tile removed.

4e. (3) By removing our signature tile from your store yourself without paying the removal fee is in clear breach of our Terms of Use. By doing so, we may refuse to give support, issue warranties or provide any files or artwork in either electronic form (E Mail, File Sharing or any other form electronically) or media (DVD, CD or USB). In the event damage is caused to the code should you try remove our signature yourself, your store may not function correctly. Fixing the issues caused by removing the signature will not be covered by our warranty and a quote will need to be obtained to have the problem fixed.

This applies even if we are hosting your eBay store.

4e. (4) Clopp.com.au reserves the right to publicly display and advertise your eBay store as part of our portfolio. These displays will only be done on the Clopp.com.au website, Our Social Media pages and printed media even if you wish to have the back link removed – Refer to Section 4e

By you purchasing an eBay Store Design from us you are agreeing to the Terms of Use.

4f. If you wish to have your eBay template designed with custom modules an additional fee of $229 + GST is payable.

4g. Custom fields and modules can be arranged to work with your eBay store or eBay template. Additional fee of $229 + GST up to $989 + GST per module is payable. These modules are only payable only if they are not included with eBay package you have ordered.

4h. There are no lock in fees associated with your eBay store. You are free to move your eBay store to another service provider (hosting provider) if you wish to do so at any time. Any cost associated with the transfer to your new service provider (hosting provider) that may arise is payable by you, the client, and not Clopp.com.au. Any downtime of your website that may occur during the transfer is not the responsibility of Clopp.com.au.

The transfer of the eBay editor can not be done. This will remain the property of Clopp.com.au and can only be accessed by using our eBay editor subscription.

SiteGoLo.com takes no responsibility under any circumstances for any errors that may occur during the transfer.

We do not provide any support for the transfer of your eBay Store.

4h. If your eBay store is not hosted with us, our free after hours support service, eBay maintenance and or technical assistance will not be available to you. A service fee $165 + GST is payable if you require tech support which must be paid before support is given. This can be paid by either PayPal, Visa or MasterCard.

4h. (2) FTP Access – FTP access will not be given under any circumstances unless special arrangements are made. Additional fees may be payable in the event parts of our software is installed on the requested FTP account. In most cases unless arranged prior to programming parts of our software will be installed on the FTP server. By using our eBay design services you are agreeing to our terms stated here.

4h. (3) eBay Store performance and warranty – All of our eBay stores come with a performance guarantee to be without any defects and working to the standards as per your agreed requirements. All warranties and guarantees only apply if the eBay store is hosted with Clopp.com.au. If the eBay store is not hosted with us our warranty and guarantee applies for 30 days (thirty days) after the site has been uploaded and made live. If any issues arise after the 30 days (thirty days) period a service is payable. Refer to Section 9

We guarantee that the eBay store will look and feel as per the agreed design in all modern day browsers such as Internet Explorer 9, Internet Explorer 10, Mozilla FireFox, Google Chrome, Safari, iPad and iPhone.

If the store does not we will try and correct any issues that may arise with the browsers mentioned above.

Older browsers may change the look / feel of the store.

5. We are not responsible for any changes implemented by eBay that may change the look and feel of your eBay store. Additional charges may be payable in the even eBay’s policy / terms and conditions change and your store becomes in breach of their terms.

OTHER IMPORTANT THINGS YOU SHOULD KNOW

6. Clopp.com.au takes no responsibility for mistakes of any kind on websites / eBay stores or any other form of media, be that printed, electronic or online. A proof will be emailed to you prior to the uploading of your website or eBay store or the printing of your designs to give you a chance to make corrections. Once printed or made live, any corrections required are the sole responsibility of the client. Clopp.com.au DOES NOT take approvals for print, website or eBay uploading over the phone. Approvals are to be emailed so that there is a traceable note of the approval.

7. All revisions, changes & modifications required on any of the design work provided to you by Clopp.com.au, is to be emailed. Changes are not taken over the phone. All changes, revisions & modifications require a traceable note on email in order to have them done. If you wish to discuss your changes with your designer over the phone, please be sure to have them in writing also to avoid disappointment and or delays.

8. Clopp.com.au ensure the delivery of our products/services, each within a certain time frame. Please read the product information before making your purchase. The time frame stated is based only on the delivery of the first draft or concepts of your chosen service. Revisions of the design, if any, do NOT come with the same time frame. It is the responsibility of the customer to ensure all emails are returned in good time to avoid delays.

PERFORMANCE AND WARRANTY GUARANTEE

9. If your website or eBay store is NOT hosted with Clopp.com.au we cannot guarantee the quality and reliability of your website or eBay store, since we have no control over the security and files being hosted. We do offer a limited Performance and Warranty Guarantee. This guarantee only applies to work produced by Clopp.com.au. It will not cover any issues that arise from changes or modifications made by yourself or any other party. Modifying the Website or eBay store in any way may result in our Performance and Warranty Guarantee being void. A service fee may be payable if you require tech support to assist you with a problem. All problem solving services will be quoted on a per job basis using our standard design and programming rates as a guide.(Refer to section 10)

9a. If we host your website and or eBay store our Performance and Warranty Guarantee applies to the life of your hosting account. This however does not include any errors caused by yourself, another design agency or by any other third party including hacking, malware, spyware, malicious code insertion, virus infections and spider/bots. A backup restore fee may also be applicable should you require your eBay store/website restored to a previous version. Refer to our Fees and Charges for more information.

9b. Some sites that provide such services are:

– www.mcafee.com
– www.sucuri.net
– www.stopthehacker.com

The sites listed above have different terms and conditions and policies to ours. You should read their terms and conditions and policy as ours differs to theirs. If any problems or issues still arise after purchasing or signing up with them, Clopp.com.au are not responsible as they are there only for a guide. If you chose to use any of their services you are doing so at you own free will.

9c. We guarantee all our Websites Designs will look and feel as per the agreed design in all modern day browsers such as Internet Explorer 8, Internet Explorer 9, Internet Explorer 10, Mozilla FireFox, Google Chrome, Safari, iPad and iPhone. We also guarantee the same of the eBay store however this does not included Internet Explorer 8. In Internet Explorer 8 your eBay store may change due to the browsers rendering agent. We have no control over this.

DESIGN AND PROGRAMMING TIME FRAMES

10. Each package advertised on http://SiteGoLo.com comes with its own time frame guarantee. Our aim is to keep our customers happy by meeting these deadlines. Failure to respond to our request for information regarding your job will void any time frame advertised.

10a. Our designers and programmers work according to a strict schedule. All of our jobs are scheduled in and monitored for progress. If a customer fails to respond to our emails or phone calls requesting more information, this will not only void the time frame guarantee, it will push the project back and depending on the time frame since our last communication may even go to the end of the line.

We allow up to a maximum of 48 hours (excluding weekends and public holidays) to hear back from clients before we start prioritising and moving jobs up the queue. At that point the customer may lose their position in the schedule. Work will only continue on their project once the current project is finalised. Clopp.com.au will not cease working on other jobs in the event of a delayed response. Work will always continue and it is up to the client to ensure Clopp.com.au have all the information required, when required.

11. Clopp.com.au offers a Money Back Guarantee on some of our products and services. For more information, please see our Refund Policy.

FEES AND CHARGES

– Standard design rate is $80 per hour. This does not include logo design, video editing or animation.
– Standard programming rate is $110 per hour.
– Website hosting from $14 per month (paid 1 year up front)
– eBay hosting from $21 per month (paid 1 year up front)
– eBay software editing subscription $31 per month (paid 1 year up front)
– Website backup restoration fee $125
– eBay backup restoration fee $165 (not available to all)
Prices are all GST exclusive
If you require further information about our products, services or terms and conditions, please contact us and a member of the Clopp.com.au team will gladly assist.

We have the right to update / correct / change / remove any information in our terms of use without notifying you in any way.

This Terms of Use was last updated on 12/02/2014