terms & conditions

01. Our Services
02. Payment for Services
03. Cancellation of Services
04. Our Responsibilities
05. Your Responsibilities
06. Retrieval of Access Details
07. Changing Your Details
08. Our Liability to You
09. Resale of our Services
10. Compliance with Law

In this document, WBL Limited is referred to as “we” or “us” or “usable!” and Client is referred to as “you.”

01. Our Services

usable! provides a range of Internet products and services, including – Website usability: testing, evaluation, training; Internet marketing: website optimisation, search engine optimisation, social media optimisation; website design: WordPress theme and ecommerce development.

When you select to subscribe to any of these services it is with your understanding of what each service is, what you can expect to receive, what the costs are and the payment terms.

We retain the right to refuse service to anyone at any time.

02. Payment for Services

Our services all operate on a pre-paid basis. This means you must pay for all services in advance; except for WordPress theme and ecommerce website development, for which you must pay 50% in advance and 50% upon completion (e.g. theme delivery or website publication to the Internet).

Invoices are generated between the 1st and 5th day of the month for monthly accounts. If on your joining date the charges for the remaining days of the month total less than $10.00 then you will not be invoiced until the new month (for a full month, plus the remaining days of the current month).

If you choose to prepay for 12 months on an Internet marketing plan you will receive a 5% discount, and will be invoiced immediately for services for 12 months. You will be invoiced again on the renewal date of your account. If you add additional services within the 12 month period you will be billed for the remaining days in your current term (for example, if there are 195 days left on your 12 month account you will be charged for 195 days for additional services, less 5% discount, so that the service will be charged for 12 months on your renewal date).

If you upgrade from 12 months to 24 months, you will be automatically billed.

Invoices and credit adjustments are processed between 12:00am and 02:00am every night.

You can pay for your account by Visa, Mastercard, American Express, Diners, Cheque, Direct Debit, Direct Credit, cash, Paypal or AlertPay.

If you choose to pay by Paypal or AlertPay, we maintain a no-refund policy on such payments due to the fees incurred by us to use Paypal or AlertPay processing.

You have the option to receive invoices by post, email or both.

Payments are due 20 days following the date of the invoice, unless other terms are stated on invoice, and automatic email notification will be sent to you by email if payments are overdue.

If you fail to make payment within 20 days we may suspend or restrict the services on your account.

It is your responsibility to keep your contact details up-to-date to ensure you receive invoices and notifications from us. You will be advised by email if your account is due to be suspended, and in some cases, by telephone.

You will be responsible for any costs incurred to recover your debt.

Please note that we employ two cost centres: one for Internet marketing and one for website usability + website development; thus, for accounting purposes, your payment(s) applied to one cost centre cannot then be applied to another cost centre.

03. Cancellation of Services

You agree to give at least 30 days notice of cancellation of services.

Notice must be made by post or fax on your company letterhead, and either signed by the account holder (the contact person listed in our records) or a company director.

You must settle any outstanding debts before your account is closed, otherwise your account will continue to renew.

Any prepaid credit will be refunded, once we have deducted the difference between discounted months and full-paid months of service.

04. Our Responsibilities

We agree to:

(a) provide high quality services to you;
(b) be available during business hours by email for support and inquiries;
(c) correct all problems as soon as they occur;
(d) respond as soon as we can to emergency support requests;
(e) bill you correctly for the services you subscribe to; and
(f) keep all software and systems up-to-date.

05. Your Responsibilities

You agree:

(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your account current, and not let invoices fall overdue;
(c) to keep your private access details (usernames and passwords) confidential;
(d) to keep back-up copies of all files you publish to our servers;
(e) to download your mail regularly; and
(f) to not store mail on our server for longer than 30 days (or it may be removed without notice).

We prohibit the publication of the following content on our servers (including pictures, links, and text):

(a) any material that infringes any copyright, trademark, patent, common law, or rights of others;
(b) any material that is libelous or slanderous;
(c) any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
(d) distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
(e) file archives of music, videos, images, without permission.
(f) IRC clients, bots, servers.

We also prohibit the use of our servers for:

(a) very high-trafficked websites, without permission;
(b) offering free email or webmail services to the public.

We do not screen the material you publish to our servers. Any material you publish is considered publicly accessible.

If you publish prohibited material you will be responsible for the traffic charges relating to all downloads of that material.

06. Retrieval of Access Details

If you lose your access details there are three things in the following order you can do:

(a) request an automatic password re-send, if available;
(b) email our support staff to re-send them to the address we have on record; or
(c) send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

07. Changing Your Details

We provide you with the ability to update your contact details yourself through our online control panel. If you require our support staff to update your details you must send a fax or letter on your company letterhead requesting changes, which must be signed by the account holder, or a company director.

08. Our Liability to You

As a residential customer you have rights under the Consumer Guarantees Act and this section does not limit those rights. However if you use our services for business purposes (or have told us you will do so) then you agree that that Act does not apply to the services we provide you.

To the extent that the law allows us to do so, we exclude all other liability to you in connection with our provision of services to you.

We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider.

We do not make claim that you will receive continual and uninterrupted service during the term of this Agreement. In no event shall we be liable to you for any damages resulting from or related to any failure or delay to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond our control.

09. Resale of our Services

If you act as a reseller of any of our services, i.e. you bill your client for services you buy from us, you agree:

(a) there is no direct relationship between us and your client;
(b) you will not refer your customer to us for support services;
(c) you will make it clear to your client that you are the contact for all purposes; and
(d) this agreement also applies to your clients.

10. Compliance with Law

You agree to use our services in a manner consistent with all applicable New Zealand and/or Australian laws. If you wish to make a claim against us you must do so in a New Zealand court.