Terms & Conditions

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Terms of Service

The following terms of use apply to websites operated by WebDirect Australia Pty Ltd., including webdirect.com.au, websitemonitoring.net.au, instantcontact.net.au and its affiliates websites tdawebdesign.com.au.

THESE TERMS AND CONDITIONS ARE THE CONTRACT BETWEEN YOU AND WEDDIRECT AUSTRALIA PTY LTD. PLEASE READ THEM CAREFULLY BEFORE SIGNING UP FOR OR USING ANY OF WEDDIRECT AUSTRALIA'S SERVICE.

By registering for a Website Monitoring Australia account ("Account"), you are agreeing to be bound by our acceptable usage policy and also our conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at: https://www.websitemonitoring.net/terms-of-service.php. Theses Terms of Service are subject to change and you are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Account Terms

  • You must be 18 years or older to use this Service.
  • You must provide all information needed in order to complete the registration process and is true and accurate.
  • You are responsible for keeping your password secure.
  • Website Monitoring Australia will not be liable for any loss or damage from your failure to maintain the security of your account and password.
  • You may not use the service for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Australia.
  • A breach or violation of any of the Account Terms as determined in the sole discretion of Website Monitoring Australia will result in an immediate termination of your account.

As a service, the Acceptable Use Policy can be found at: https://www.websitemonitoring.net/privacy-policy.php

Payment and Billing

  • Website Monitoring Australia is a Victorian Trading Name (B2347999B) registered by WebDirect Australia Pty Ltd. Your credit card statement charges will appear as WebDirect Australia Pty Ltd.
  • You must provide WebDirect Australia with accurate billing information and keep this information up to date. This applies to all paid accounts, and also for free accounts if you are using and paying for any extra services.
  • By subscribing to the Service you give WebDirect Australia the right to charge your credit card, or bill you via other payment methods, for fees connected with the Service such as renewal fees or fees for extra services.
  • The WebDirect Australia Service is a subscription service. You pay in advance for each billing cycle on the first day of that cycle.
  • Your WebDirect Australia account will be renewed automatically until you cancel the Service.
  • You are responsible for all charges incurred related to your WebDirect Australia account, including any applicable taxes or extra service fees.
  • The first 30 days of a new, paid account offer a 30 day money back guarantee. Unless you cancel your paid account before the billing is processed on the 30th day after signup you will be billed for the next billing cycle (the one you chose when signing up).

Refund Policy

  • Website Monitoring Australia offers a 30 day money back, no questions asked guarantee. If you wish to cancel your subscription and receive a refund you can do that via https://www.websitemonitoring.net/refund-request.php. Please note that our refund policy excludes payment processing fee's incurred to process your account by our secure 3rd party payment gateways. Please review our refund fee structure below.
    Payment Method Fee's Example based on Starter package of $4.40
    Credit Card: 1.5% + $0.55 cents processing $4.40 - 0.66 - 0.55 = $3.19 refund
    Paypal: 1.5% $4.40 - 0.66 = $3.74 refund
  • If you wish to ask for a refund or have an invoice cancelled and your account has been open longer than 30, you need to send an request via our webform https://www.websitemonitoring.net/refund-request.php or to refund@websitemonitoring.com.au within 7 days (one week) of the invoice date to eligible . The email needs to contain your UserID (the email you use to log in to WebDirect Australia) and the invoice number of the invoice in question. You will receive an automatic confirmation email back that acts as your receipt and proof that WebDirect Australia has received your refund request. Our account department will review your case and respond within 5 business days.
  • If you do not receive this receipt email it is your responsibility to contact WebDirect Australia within these 7 days via phone on or email to manually confirm that WebDirect Australia has received your request.

Upgrading and Downgrading of Accounts

  • You can at any time upgrade or downgrade to a different Website Monitoring Australia account type inside the Website Monitoring Australia members area. The change to your account type will take effect immediately and apply to all future invoices.
  • After an upgrade you will be billed right away for the remaining time until the next renewal (the amount will be reduced with what you have already paid).
  • After a downgrade you will be billed at the next renewal date.

Cancellation and Termination of Service

  • You may cancel your account at anytime by selecting the "Cancel Subscription" link which is located in your members navigation on https://www.websitemonitoring.net/welcome.php (login to your account first). Once your account is cancelled all of your Content, website monitoring statistics will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so. If you cancel the Service in the middle of your billing cycle, you agree no refund will be given and you forfeit any remaining SMS credits you have purchased.
  • Website Monitoring Australia does not accept cancellations via email or phone.
  • Any abuse of the Service will lead to termination of your account.
  • Website Monitoring Australia reserve the right to modify or terminate your account for any reason, without notice at any time. Fraud: Without limiting any other remedies, Website Monitoring Australia may suspend or terminate your account if we suspect that you have engaged in fraudulent activity in connection with your account.

Disclaimer

THIS SERVICE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Limitation of Liability

  • ou expressly understand and agree that WebDirect Australia Pty Ltd shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if WebDirect Australia has been advised of the possibility of such damages), resulting from: 1. the use or the inability to use the WebDirect Australia service; 2. the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the WebDirect Australia service; 3. unauthorized access to or alteration of your transmissions or data; 4. statements or conduct of any third party on the WebDirect Australia service; or 5. any other matter relating to the WebDirect Australia service.
  • Any decisions or claims you make based on data from the WebDirect Australia Service are your sole responsibility. WebDirect Australia shall not be held liable for any such decisions or claims.
  • In no event shall WebDirect Australia's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.

Indemnification

  • You agree to indemnify, defend and hold harmless WebDirect Australia and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the WebDirect Australia service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.
  • You agree to immediately notify WebDirect Australia of any unauthorized use of your account or any other breach of security known to you.

Other

  • If any part of this Terms of Service would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law.

If you have any questions regarding our Terms of Service or acceptable usage policy, please contact us in writing to:

WebDirect Australia Pty Ltd
PO Box 11181 Frankston
Victoria, 3199 Australia