dobble

These are the standard terms and conditions ("Terms and Conditions") for Dobble Web Design Managed Services (collectively, the "Services", each individually a "Service"). The Service and Services are described at http://www.dobble.com.au/ ("Dobble Website").

Please read these Terms and Conditions carefully. It is a condition of your use of the Services that you ("you" and "your") comply with these Terms and Conditions.

• 1. Terms and Amendment Procedure
  • 1.1 This agreement comprises:
    • 1.1.1 These Terms and Conditions;
    • 1.1.2 The Dobble Customised Web Design proposal and quote, if any ("Proposal"); and
    • 1.1.3 Dobble AUP and Privacy Policy (see clause 7).
    These Terms and Conditions constitute our agreement with you for the Services in its entirety, and supersede all prior agreements.
  • 1.2 This agreement commences on the date upon which Dobble confirms to you by email that the Services has been commenced ("Commencement Date").
  • 1.3 We may vary these Terms and Conditions or the terms of the operation of the Services, at any time. Changes other than price changes will become effective upon publication of the notice on the Dobble Website. Price changes will be effective 30 days after you have been notified of the change.
  • 1.4 If you use the Services after publication of any change in accordance with clause 1.3, your use will constitute acceptance of the amended terms.
  • 1.5 Any reference in this agreement to Dobble "Supplier" is a reference to any third party service provider of Dobble (a "Supplier"), if and to the extent a Supplier is supplying any part of the Services to you on behalf of Dobble.

• 2. Services
  • 2.1 Dobble will use reasonable efforts to provide to you the Service(s).
  • 2.2 The Services are designed and built for integration with Dobble hosting services (being one of those services offered by Dobble which can be located at http://hosting.dobble.com.au/)("Dobble Hosting Services"). These Dobble Hosting Services will need to be purchased separately and are subject to their own terms and conditions. If you have purchased ecommerce service, the Services will be bundled with a Hosting Service.
  • 2.3 You may request that the Services be provided in conjunction with a non-Dobble hosting provider before the Services commence. Dobble will, in our sole discretion, determine whether this alternative hosting provider's hosting platform is appropriate, and either accept or reject your request. Should we reject your request, we will provide you with a full refund for the Services. Where the Services are utilised with any alternative hosting provider, you will be responsible for publishing your Website in Design and we will not be responsible for any issues, errors or loss of functionality from the publishing your Website in Design on an alternative hosting provider's platform. Any attempt to migrate or transfer your Website in Design to an alternative hosting provider's platform without our express consent will be a violation of these Terms and Conditions, and will be at your own risk.
  • 2.4 Any software or plugins made available to you by Dobble for use with the Services ("Add-ons") must be associated with your Website in Design and are not transferable to any other accounts you have with us, or any other websites. Such Add-ons require an active subscription to the Services to remain active. Dobble offers a number of Add-ons as standard for all Services which are subject to change, and may be removed or added at our discretion and without notice to you.
  • 2.5 If you have purchased ecommerce solution the plugin will be included in your bundle of services.

• 3. Delivery
  • 3.1 If you have specific custom requirements for features and options not included in any of the Services, Dobble will provide you with a Proposal specifically tailored to these custom requirements that you have provided to us.
  • 3.2 After the Commencement Date, Dobble will provide a brief to you confirming certain objectives and requirements discussed with you (such as suggested colour schemes, site map, your intended business objectives for the website, website design template recommendations etc.) for your approval ("Brief"). You must contact us within 5 business days if you have any concerns with the Brief or do not wish to approve, or we will otherwise assume you have approved the Brief, and we will proceed to build and provide to you the website design templates ("Templates") and, if purchased, website content services (“Content Services”).
  • 3.3 You must provide complete feedback to us in the event you have any issues with the provided Templates, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 8). Dobble requires written approval of the Templates prior to proceeding with any customisation, and should written approval not be received within 6 months from delivery of the Templates, we may place the Services on Administrative Hold.
  • 3.4 If you have purchased Content Services, you must provide complete feedback to us in the event you have any issues with the provided content within 7 calendar days, failing which, we will assume you have approved the Content Services. We will provide you with one attempt to address any issues you raise before escalating to the Dispute Resolution process (see clause 8).
  • 3.5 Dobble will provide you with an opportunity to review the customised Templates ("Website in Design"), and depending on the Service you have purchased, you will be given a certain number of reviews to request changes to the Website in Design, which may include:
    • 3.5.1 text and image placement changes;
    • 3.5.2 graphical changes (replacement of image with alternative supplied image);
    • 3.5.3 page or section changes; or
    • 3.5.4 functionality enhancement changes (Add-ons included with Service ordered).
  Additional changes (not previously agreed to in the Proposal (if applicable)) can be requested but will incur additional costs (calculated at the rate of AUD $150 per hour), which Dobble will confirm in a quote (valid for one calendar month) before performing any additional changes. Changes requested that do not relate to the approved Brief or any instructions received from you, which we have agreed to (for instance, changes specified in an accepted Proposal) are excluded, and will incur additional costs to be processed. You must provide complete feedback to us in the event you have any issues with the requested changes made, and we agree to three attempts to address these issues with you, before escalating to the Dispute Resolution process (see clause 8). You must provide a response to us within 30 calendar days if you have any changes to request, otherwise we will assume you have approved the Website in Design.
  • 3.6 Following approval of the Website in Design, we will request a final written confirmation of approval before we proceed to publishing this Website in Design on the Internet as your website. If we do not receive a response within 30 calendar days of our request, we will assume you approve of the Website in Design and we may proceed with publishing. You agree you are solely responsible for the back-up of any data, websites or information (including without limitation email files, databases, hosted files etc.) which may be replaced pursuant to the provision of the Services (including without limitation as a result of the publishing of your Website in Design).
  • 3.7 The publication of the approved Website in Design completes our obligations to you under these Terms and Conditions, other than in respect of (i) any ongoing relationship we have to you as a service provider, and/or (ii) any ongoing managed service (as specified on the Dobble Website) you have purchased from us (for the avoidance of doubt, such managed service will form part of the 'Services' where ordered, and is not available if you have published your Website in Design using an alternative hosting provider). All future changes and maintenance to your Website in Design will be your responsibility, however we may agree to assist with requests for additional customisation at an additional cost (which we will advise you of in advance via quote (calculated at the rate of AUD $150 per hour)).
  • 3.8 Completion of the Services in a timely manner depends upon your responsiveness to any requests from Dobble, and where applicable, provision of timely and complete feedback or approvals. We are not responsible for any delays in provisioning the Services which occur as a result of your failure to respond as requested or required.
  • 3.9 You agree to provide Dobble with such information as Dobble or its Suppliers reasonably require in order to provide the Services to you, and to keep this provided information up to date and accurate. You agree we may share this provided information, along with any other information or materials (including any provided content or design brief) related to the Services, with our Suppliers.
  • 3.10 You must supply us with all graphics, files or text ("Content") for customisation of your chosen Templates to be used for website we will design (note, modification or alteration of the Templates themselves is subject to Dobble sole approval). All Content must be submitted to Dobble within 30 calendar days following your approval of the Templates or we may place the Services on Administrative Hold, or in the case of new websites, populate that website with sample content at our discretion. Should Content not be supplied within 6 calendar months following a service being placed in Administrative Hold, Dobble reserves the right to cancel the Services without refund. Dobble cannot proceed with providing the Services until Content has been received.
  • 3.11 You are responsible for ensuring you have all appropriate legal rights to all supplied Content. All Content must be submitted electronically, should be copies and not originals, and should be of a high quality standard that is acceptable to Dobble. Dobble will not return any Content to you, and you are responsible for maintaining back-up copies of all submitted Content. We will not be responsible for any loss of, or damage to, any of your Content. Should any files be too large for electronic delivery, you must make arrangements for these to be delivered to us, however large files may affect our ability to meet any stated completion timelines, and additional costs may apply (which we will advise you of prior to undertaking work). Dobble reserves the right, in our sole discretion, to refuse to use any Content we believe is objectionable or may infringe upon the intellectual property rights of others, or would be in breach of our AUP. Dobble may agree to generate text for you at an agreed additional cost, which you would be required to review and approve (and which will be considered as "Content" under these Terms and Conditions).

• 4. Administrative Hold
  • 4.1 The Services may be placed on hold ("Administrative Hold") by Dobble (as stated in clauses 3.3, 3.10, 4.1 and 4.2) or by you upon written request (prior to your Website in Design being published). We will not perform any work while Services are in Administrative Hold. Where you have requested the Services be placed on Administrative Hold, you are solely responsible for contacting us to request the Services be removed from Administrative Hold. If the Services remain in Administrative Hold for 6 months or longer, we may cancel the Services without prior notice to you. In such circumstance, all fees paid by you will be forfeit.
  • 4.2 If you do not provide a response to us to any communication (within the timeframes stated in that communication) or as required by these Terms and Conditions, we may place the Services on Administrative Hold.
  • 4.3 Any monthly fees charged for the Services (including fees charged for your Dobble Hosting Service) shall continue to be payable where the Services are placed on Administrative Hold.

• 5. Billing and Payment
  • 5.1 The fees and charges payable for the Services include:
    • 5.1.1 where a Proposal has been provided and accepted, a deposit equal to 50% of the total fees stated in the Proposal, payable upon Dobble invoicing you once we have received the signed Proposal;
    • 5.1.2 A fixed build or content services fee (if applicable), payable in advance;
    • 5.1.3 A monthly recurring or annual managed services fee, payable in advance; and
    • 5.1.4 Where incurred, additional fees as outlined in these Terms and Conditions (such as agreed quotes for additional work or due to the Services being in Administrative Hold).
    Fees payable for any Dobble Hosting Services are separate to the fees and charges payable for the Services, except for ecommerce services where the fees are quoted for the bundle which includes hosting.
  • 5.2 You must pay all prices and charges for the Services and other amounts incurred by you or incurred as a result of any use of the Services (whether authorised or not) in accordance with the billing provisions specified in these Terms and Conditions or in the Proposal (if applicable). You agree to keep your billing and account information up to date and to notify Dobble of any changes to such information from time to time.
  • 5.3 Prices and charges published on Dobble Website or in the Proposal (if applicable) are inclusive of any government taxes or charges unless otherwise stated.
  • 5.4 If you fail to pay any fees and charges in any invoice by the due date specified, in addition to any other rights under these Terms and Conditions, Dobble may charge you interest on that unpaid amount until such time as payment is received, and/or suspend or terminate the Services.
  • 5.5 You agree that in the event of any action being taken by Dobble to recover any overdue amount due to it under this agreement or a Proposal (if applicable), as evidenced for example by, without limitation, your credit card company notifying Dobble of you disputing the payment of, or refusing to pay such charge, or where your credit card payment has been declined or reversed, any costs incurred by Dobble in recovering the debt (including, without limitation, any legal expenses (on a solicitor/client basis), collection agency charges or any other reasonable associated costs incurred by Dobble) are payable by you to Dobble and shall be recoverable by Dobble as a separate debt.
  • 5.6 Monthly contracts will be automatically rolled over on a monthly basis without notice to you. If you have chosen a fixed contract period (a contract period other than a month to month contract) for the Services, the Services will be automatically renewed for a further fixed contract period at the end of the term on the date notified to you by our reminder email. If your fixed contract period Services are to be auto-renewed, we will:
    • (i) Notify you of the impending auto-renewal; and
    • (ii) Provide you the ability to cancel the impending auto-renewal.
    You must advise us prior to the auto-renewal date if you wish to cancel the Services. If we do not receive your cancellation or 'do not renew' advice, we will auto-renew the Services in order to ensure it continues uninterrupted. Your Services will be auto-renewed for the same duration at the then current applicable charges published on the Dobble Website.

• 6. Intellectual Property
  • 6.1 You are solely responsible for ensuring that you have all appropriate rights and licenses to the Content supplied to us.
  • 6.2 You expressly grant to Dobble and its Suppliers a royalty-free, worldwide licence to use, reproduce, modify, edit or otherwise all supplied Content, and to cache the entirety of your Website in Design (including your Content) where hosted by Dobble or its Suppliers, pursuant to these Terms and Conditions. You agree that you shall be responsible for obtaining any agreements and/or consents required of any third parties in connection with the grant of this licence to Dobble and its Supplier. You also agree that any such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
  • 6.3 Any Templates or Website in Design delivered by us under the Services are without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in any jurisdiction throughout the world. We expressly disclaim:
    • 6.3.1 All liability to you or any third party for any infringement of intellectual property or proprietary rights; and
    • 6.3.2 That we will be responsible for, or provide any advice or guidance in respect of, any potential intellectual property rights issues which may arise from your use of the Services (including without limitation the use of Content in the Website in Design).
  • 6.4 We are not responsible for any content (including your Content) contained in your Website in Design, nor are we responsible for your use of the Website in Design. You are solely responsible for ensuring your Website in Design complies will all applicable laws and regulations, and does not infringe any third party's rights, at all times.
  • 6.5 Upon publication of your Website in Design, we transfer to you all rights, titles and interest in the Website in Design, but expressly reserve and retain all rights and/or licenses to (i) display your Website in Design as-is or with alterations online or in any other manner in our sole discretion, and (ii) all design, copyright or other intellectual property rights in the Templates. Except as expressly stated in this clause, no other rights, titles or interests are granted to you.
  • 6.6 You may not copy, modify or translate any of our Templates or related documentation, or grant any other person or entity the right to do so.

• 7. AUP and Privacy Policy
  • 7.1 You agree to comply with Dobble Acceptable Use Policy located at http://www.dobble.com.au, as varied from time to time by Dobble in accordance with clause 1.3 ("AUP"). Additionally, you agree that neither you, nor any other person whom you permit to operate your published Website in Design, either undertakes, or attempts to undertake, to operate your published Website in Design in relation to:
    • 7.1.1 any pornography, nudity and sex-related merchandising of any sort, including by means of creating or maintaining any links to websites containing any such material;
    • 7.1.2 the creation, use or maintaining, or accessing of any:
      • 7.1.2.1 MP3 files or any MP3 related websites, unless expressly permitted by Dobble;
      • 7.1.2.2 websites that promote illegal activities (including, without limitation, warez, hacking, serial numbers, cracks or information that violates any law whatsoever); or
      • 7.1.2.3 website whose primary purpose is file distribution or mirroring another website;
    • 7.1.3 the promoting of a website hosted by Dobble or its Suppliers through unsolicited email or spamming, irrespective of whether the unsolicited email or spam is sent through the Supplier's email servers or not; or
    • 7.1.4 distributing copyrighted software, warez (also known as pirated software), MP3 files or Emulators/ROMs. (each an "Additional Prohibited Activity")
  • 7.2 If we receive notice of, or otherwise become aware that you have failed to comply with any provision of this AUP, or undertake or attempt to undertake any Additional Prohibited Activity, in addition to any other rights of Dobble under this agreement, you agree that Dobble may immediately take corrective action, including suspension of Services or termination of this agreement. Where your Website in Design is operating on associated Dobble Hosting Services, this right of suspension or termination shall also apply to that service. In the event that any such corrective action due to a violation of the AUP occurs, or, due to you or any other person whom you permit to operate the published Website in Design undertaking or attempting to undertake any Additional Prohibited Activity, Dobble shall not refund to you any fees paid to Dobble prior to such corrective action.
  • 7.3 You agree with Dobble Privacy Policy located at http://www.dobble.com.au, as varied from time to time by Dobble from time to time in accordance with clause 1.3 ("Privacy Policy"), and you consent to our use of your information in accordance with this Privacy Policy, and these Terms and Conditions.
  • 7.4 You agree that Dobble may disclose your account and other information in accordance with the AUP and Privacy Policy.

• 8. Dispute Resolution
  In the event Dobble and you are unable to resolve any issues, the parties will agree to attend a teleconference meeting to discuss the issues ("Dispute Resolution"). Both parties agree to attempt to resolve the issues in good faith. If the parties are unable to resolve the dispute, either party may elect to cancel the Services and this agreement in accordance with clause 15.

• 9. Your Warranties
  You represent and warrant that:
  • 9.1 you have all appropriate rights and licenses in all Content you supply;
  • 9.2 you have not entered into this agreement, or accepted the Proposal (if applicable) or obtained any Services on the basis of, or in reliance on, any statement or representation (whether made orally or in writing and regardless of the medium used) made by either Dobble or its Supplier concerning this agreement, the Proposal or the Services, other than any statement or representation contained in these Terms and Conditions;
  • 9.3 you are at least 18 years of age;
  • 9.4 your use of the Services or your Website in Design will not at the Commencement Date or thereafter, infringe the intellectual property or other proprietary rights of Dobble, its Supplier or any third party;
  • 9.5 you will conduct such tests and computer virus scanning as may be necessary to ensure that any data provided by you does not contain any computer virus and will not in any way, corrupt the data or systems of any person (including, without limitation, Dobble or its Supplier); and
  • 9.6 you will otherwise at all times use the Services and your Website in Design (including once published) in accordance with these Terms and Conditions (including, for the avoidance of doubt, the AUP or the Privacy Policy) and the Proposal (if applicable).

• 10. Our General Disclaimer of Warranties
  • 10.1 To the extent permitted by law, neither Dobble nor its Supplier, nor any employees, affiliates, agents, suppliers, third-party information providers, merchants, licensors nor the like (each a "Relevant Party") of Dobble or its Supplier, make any warranties of any kind, either expressed or implied, statutory or otherwise, relating in any way to the subject matter of this agreement, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement for the Services or any equipment provided, and all such warranties are hereby excluded.
    • 10.1.1 Dobble agrees to use all reasonable efforts to provide the Services to you. However, you acknowledge to, and agree with, Dobble, that nothing in this agreement or the Proposal shall constitute an express or implied warranty or guarantee by any Relevant Party of Dobble or its Supplier:
    • 10.1.2 that the Services or the operation of your published Website in Design will be uninterrupted, error free or not subject to delays (technical or otherwise);
    • 10.1.3 that the Services or your published Website in Design 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 Dobble or its Supplier;
    • 10.1.4 Concerning the results or success that may be obtained from the use of the Services;
    • 10.1.5 concerning any increase in revenue, profit or goodwill that may be obtained as a consequence of you using the Services (including, for the avoidance of doubt, any increase in revenue, profit or goodwill in connection with any products and/or services that you may determine to offer for supply, or supply via your published Website in Design, the Internet or otherwise ("Your Products and Services")); or
    • 10.1.6 as to the accuracy, reliability, completeness or content of the Services, any information services or merchandise contained in or provided through the Services, or, for the avoidance of doubt, any information provided by Dobble or its Supplier in any advice, report or communication to you or any other party.

• 11. Indemnity
  You agree you will indemnify and defend Dobble and its Supplier and all directors, officers, employees, and agents of Dobble and its Supplier (each an "Indemnified Party") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative) and expenses (including but not limited to reasonable legal fees) incurred by any Indemnified Party arising out of, or directly or indirectly relating to:
  • 11.1 Your Products and Services (if applicable); and/or
  • 11.2 any breach of this agreement by you; and/or
  • 11.3 the use of the Services by you; and/or
  • 11.4 the use or operation of your published Website in Design by you or any other party; and/or
  • 11.5 the implementation of the AUP by Dobble, any action taken by Dobble in accordance with the AUP, or, any breach or violation of the AUP; and/or
  • 11.6 any action taken by Dobble or its Supplier in connection with you undertaking or attempting to undertake any Additional Prohibited Activity.
  Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortious interference with contract or prospective business relations, unfair competition, restrictive trade practices, misleading statement, misleading or deceptive conduct, breach of contract, defamation or injury to reputation, or other injuries or damage to business.

• 12. Limitation of Liability
  • 12.1 You agree that neither Dobble nor its Supplier shall be liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, suffered by you or any third party, whether in an action in contract, tort or strict liability or other legal theory, even if Dobble or its Supplier (as the case may be) has been advised of the possibility of such damages.
  • 12.2 Subject to clause 12.1, you further agree that the aggregate liability of Dobble and its Supplier for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) shall not exceed the actual dollar amount paid by you for the Services which gave rise to such damages, losses and causes of actions.
  • 12.3 You agree that where any statute implies any term into this agreement, and that statute avoids or prohibits provisions in a contract excluding or modifying the application of or liability under such a term, then the term will be taken to be included in this agreement. However, the liability of Dobble and its Supplier for any breach of the term will, if permitted by that statute, be limited, at our option, to the re-supply of the services again; or payment of the cost of having the services supplied again.
  • 12.4 We acknowledge that some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so that the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of Dobble and its Supplier (and the liability of any director, officer, employee, agent, affiliate, content provider or service provider of Dobble and its Supplier) shall be limited to the greatest extent permitted by applicable law.

• 13. Force Majeure
  Neither Dobble nor its Supplier shall be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.

• 14. Suspension or Termination
  • 14.1 In addition to any other rights of suspension under this agreement, Dobble may from time to time without notice to you suspend a Service:
    • 14.1.1 if you fail to comply with any provision in these Terms and Conditions (including failure to pay charges due, or, for the avoidance of doubt, any provision in the AUP), or do, or allow to be done, anything which in our opinion may have the effect of jeopardising the operation of the Services, until the breach (if capable of remedy) is remedied to the satisfaction of Dobble; and
    • 14.1.2 during any technical failure, modification or maintenance involved in the Services provided that we will use reasonable endeavours to procure the resumption of the Services as soon as reasonably practicable.
    Other than in respect of any suspension under clause 14.1.2, you shall remain liable for all charges due at the commencement of the suspension period throughout the period of suspension. Dobble may terminate this agreement and cease providing the Services to you at any time on written notice to you if Dobble has at any time suspended the Services.
  • 14.2 In addition to any other rights of termination under these Terms and Conditions, Dobble may terminate this agreement and cease providing the Services to you at any time on 30 days written notice to you.
  • 14.3 Where Dobble supplies the Services to you through a Supplier, Dobble may terminate and replace such Supplier at any time without notice to you. Dobble will, however, endeavour to replace such Supplier:
    • 14.3.1 with no or minimal disruption to the supply of the Services; and
    • 14.3.2 on substantially the same terms as are set out in this agreement.
  • 14.4 Where Dobble is unable to comply with clause 14.3.2, you may terminate this agreement and cease obtaining the Services from Dobble within 30 days' of being notified of the new terms on which Dobble intends to supply the relevant Services to you.
  • 14.5 Any termination of this agreement will not result in termination of any associated Dobble Hosting Service. You must refer to the terms and conditions for any Dobble Hosting Service in relation to rights of termination. Where you terminate this agreement under clause 14.4, Dobble will refund you any fees previously paid by you for the Services on a pro rata basis excluding any fees payable under clause 5.1.1 (except where you have not been provided with a Brief).
  • 14.6 In addition to any other obligation in these Terms and Conditions, upon termination Dobble or its Supplier may delete all data, including your Content or files (including, without limitation, email files, if applicable) from their systems (including any storage media) without any liability to you whatsoever.

• 15. Cancellation
  This clause 15 shall not apply where you terminate this agreement and cease obtaining the Services from Dobble pursuant to clause 14.4.
  • 15.1 You may cancel the Services (including where purchased, any managed service component of the Service) at any time upon 30 calendar days prior written notice.
  • 15.2 Cancellation of the Services will result in:
    • 15.2.1 A cancellation administrative fee of AUD $55 being payable;
    • 15.2.2 Remainder of signed contract to be paid in full
    • 15.2.3 Where you have not been provided with the Brief (see clause 3.1), full refund of the fees stated in clause 5.1.1 and pro-rata refund of fees stated in clause 5.1.2;
    • 15.2.4 Where you have been provided with a Brief and approval has been received or assumed (see clause 3.1), a pro-rata refund of the fees stated in clause 5.1.2 only;
    
    
    Subject to your payment of the applicable cancellation fee as specified in clause 15.2.1, Dobble will then process any refunds available to you.
    
    
    
  • 15.3 Cancellation of ecommerce services will automatically terminate all associated hosting and:
    • 15.3.1 If you cancel prior to the site being built and approved, you will receive a refund of half of the initial payment (the build fee);
    • 15.3.2 If you cancel after the website has gone live, you must pay an administration fee of AUD $175.00.
  • 15.4 Cancellation of ecommerce services Inclusive will automatically terminate all associated hosting and:
    • 15.4.1 If you cancel prior to "go live" then you must pay an administration fee of AUD $850;
    • 15.4.2 If you cancel after the website has gone live you must pay an administration fee of AUD $150.00. Remainder of signed contract to be paid in full
  • 15.5 Dobble may cancel the Services for the reasons specified in clauses 3.8 and 4.1 of these Terms and Conditions. No refunds will be available.
  • 15.6 Cancellation of Services will not result in cancellation of any associated Dobble Hosting Service except in the case of ecommerce service. If you want your associated Dobble Hosting Service to be cancelled at the same time, you must expressly advise us. Please note that additional cancellation costs may apply to the cancellation of an associated Dobble Hosting Service, and you should review the applicable terms and conditions of that service to determine what costs may be involved. Upon cancellation, Dobble or its Supplier may delete all data, including your Content or files (including, without limitation, email files, if applicable) from their systems (including any storage media) without any liability to you whatsoever.

• 16. Miscellaneous
  • 16.1 The law in force in Victoria, Australia governs this agreement and the transactions contemplated by this agreement.
  • 16.2 In the event it is necessary for Dobble to enforce its rights under this agreement, you agree to pay all fees incurred by Dobble (including, but not limited to, legal fees and collection agency fees).
  • 16.3 This agreement shall be binding upon and inure to the benefit of you, your respective successors and assigns. You may not resell any Services or assign your rights and obligations under this agreement without the prior written consent of Dobble.
  • 16.4 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.
  • 16.5 If any provision of this agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this agreement shall remain in full force and effect.