Terms of Use (“Terms”)

Effective date: May 3, 2023

Terms And Condition
Welcome to our website design and development service business! We appreciate your interest in our services, and we look forward to working with you. Before you proceed to use our services, please read these terms and conditions carefully. By using our services, you agree to be bound by these terms and conditions.

Introduction
1.1 Please read these Terms of Use (“Terms”, “Terms of Use”) before using the www.hummingweb.com.au website (“us”, “we”, or “our”).
1.2 Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
1.3 By accessing, browsing or in any way using the Service you agree to be bound by these Terms. Do not access or use the Service if you are unwilling or unable to be bound by the Terms.

2. Definitions
2.1 “You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to Humming Web.


3. User Accounts
3.1 You must create an account and provide certain information about yourself in order to use some of the features that are offered through the Service. For example: Purchase a plan package

3.2 When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. You may not impersonate someone else, create, claim or use an account for anyone than yourself, provide an email address other than your own, or create multiple accounts. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

3.3 You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your reviews, use the same account information on other sites, or allow other sites to share information about you with Humming Web. Please read our Privacy Policy for more information.

3.4 You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

3.5 You are also responsible for all activities that occur in connection with your account and agree not to disclose your password to any third party. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.6 By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.


4. Purchases
4.1 If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

4.2 You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment methods (s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

4.3 By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

4.4 We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

4.5 We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

5. Availability, Errors and Inaccuracies
5.1 We are constantly updating our offerings of products and services on the Service. The products or services available on our service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other websites.

5.2 We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


6. Governing Law
6.1 Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

7. Changes
7.1 You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties if we have a good faith belief that such disclosure is reasonably necessary to
(i) take action regarding suspected illegal activities;
(ii) enforce or apply our Terms and Privacy Policy;
(iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or
(iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you consent to have your personal data transferred to and processed in Denmark.



8. Links to Other Web Sites
8.1 Our Service may contain links to third-party websites or services that are not owned or controlled by Humming Web.
8.2 Humming Web has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Humming Web shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services
8.3 We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Suggestions and Improvements
9.1 By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that
(i) your Feedback does not contain the confidential or proprietary information of third parties,
(ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback,
(iii) we may have something similar to the Feedback already under consideration or in development.


10. Disclaimer
10.1 Your use of the Service is at your own discretion and sole risk. The Service is provided on an “AS IS”, “WITH ALL FAULTS” and “AS AVAILABLE” basis, with the express understanding that the Humming Web Entities may not monitor, control, or vet user content.
10.2 The Humming Web Entities make no claims or promises about the quality, accuracy, or reliability of the Service, its safety or security, or the site content.
10.3 The Humming Web Entities do not warrant that
a) the Service will function uninterrupted, secure or available at any time or location
b) any errors or defects will be corrected
c) the Service is free of viruses or other harmful components, or
d) the results of using the Service will meet your requirements.

Accordingly, the Humming Web Entities are not liable to you for any loss or damage that might arise, for example, from the site’s inoperability, unavailability or security vulnerabilities

10.4 The Humming Web entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Service or the Service’s users. Accordingly, the Humming Web Entities are not liable to you for any loss or damage that might arise from their actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or features on the Service. Your purchase and use of products or services offered by third parties through the site is at your own discretion and risk.
10.5 The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, warranties as to the products or services offered by businesses listed on the site, and implied warranties of merchantability, fitness for a purpose, non-infringement or course of performance. No oral or written information or advice provided to you by a representative if one of the Humming Web Entities shall create a representation or warranty.
10.6 Your sole and exclusive right and remedy in case of dissatisfaction with the site, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the Service.

11. Governing Law
11.1 These Terms shall be governed and construed in accordance with the laws of Australia, without regard to its conflict of law provisions.
11.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

12. Changes
12.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 day’s notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
12.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

13. Translation
13.1 We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Humming Web, and any inconsistencies among the different versions will be resolved in favor of the English version.

14. Our Services
We provide website design and development services to clients. Our services include designing and developing custom websites, website maintenance, website hosting, and other related services.

15. Service Agreement
Before we commence any work on your project, we require a signed service agreement that outlines the scope of work, timelines, payment terms, and other relevant details. The service agreement will be provided to you for review and signature once you accept our proposal

16. Payment Terms
Payment for our services will be as outlined in the service agreement. Unless otherwise agreed, payment terms are as follows:

a. For projects less than $1000, full payment is required upfront.
b. For projects over $1000, a 40% deposit is required upfront, and the balance is due upon completion of the project.
c. We accept payment via credit card, PayPal, or bank transfer.

17. Project Timelines
We will provide you with a timeline for your project based on the scope of work. We will make every effort to meet the agreed-upon timeline, but we cannot be held responsible for delays due to circumstances beyond our control, such as third-party delays or unavailability of information.

18. Client Responsibilities
You will be responsible for providing us with all the necessary information and materials needed for the project, including logos, images, and text. You will also be responsible for reviewing and approving all work at each stage of the project, as outlined in the service agreement.

19. Intellectual Property
All intellectual property rights in the website we develop for you will be owned by you once you have made full payment for our services. However, we reserve the right to use any work we do for you in our portfolio or for promotional purposes.

20. Confidentiality
We will keep all information you provide us confidential, and we will not disclose it to any third party without your consent. This includes any personal information and proprietary information you provide us.

21. Termination
Either party may terminate the service agreement if the other party breaches any material provision of the agreement. Upon termination, we will provide you with all the work completed up to that point.

22. Limitation Of Liability
We will not be liable for any damages, including but not limited to, indirect, incidental, consequential, or punitive damages, arising out of or in connection with the services we provide.

23. Amendments
We reserve the right to modify these terms and conditions at any time without notice. It is your responsibility to review these terms and conditions regularly.

24. Website Hosting
To be eligible for the free website service, you must subscribe to our website hosting service, which starts from $19.95 per month. This is a recurring fee that will be charged to your account every month. The hosting fee covers the cost of maintaining your website on our servers.

If you have any questions or concerns about these terms and conditions, please feel free to contact us [email protected]

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